OAR 411-039-0070: Temporary rule language in effect until 12/01/2026. Background Checks for Subject Individuals

(1) An Agency with Choice must submit a Background Check request for each Subject Individual to the Background Check Unit (BCU), prior to allowing the Subject Individual to work. A Subject Individual must not begin work on a preliminary basis. Preliminary approval is not permitted under these rules. (2) The Agency with Choice must comply with OAR 407-007-0200 through 407-007-0370 for all Subject Individuals, as applicable. (3) The Agency with Choice must maintain documentation of the BCU Background Check approval in the Subject Individual's personnel record. (4) An Agency with Choice must perform and document a query of the List of Excluded Individuals and Entities (LEIE). (5) An Agency with Choice must ensure that a Background Check is performed on a Subject Individual every three years from the date of the Subject Individual‘s last Background Check in accordance with OAR 407-007-0200 to 407-007-0370. (6) Any cost for a Background Check shall be the responsibility of the Agency with Choice and must not exceed the cost charged to the Department. (7) The Agency with Choice must notify the BCU, and the Department within 24 hours if any Subject Individual is involved in a potentially disqualifying crime under OAR 407-007-0281 or potentially disqualifying condition under OAR 407-007-0290, ORS 409.025, and 409.027.