OAR 462-120-0055: State and Nationwide Criminal Records Checks; Fitness Determinations

(1) The purpose of these rules is to provide for the reasonable screening of applicants and licensees in order to determine if they have a history of criminal behavior such that they are not fit to be granted or renewed a license that is issued by the commission. (2) Fingerprints are required of applicants during intial licensing and at the third renewal (or every six years thereafter, whichever occurs first) form the initial license in order to complete a national criminal background investigation. In the case of a corporation or partnership, fingerprints will be required from the authorized agent and any other individual shareholder or owner, the commission or its designated representative may deem appropriate. Case-by-case exceptions may be granted for applicants who have submitted fingerprints for an Oregon Racing Commission License within the last six years. Additional exceptions will be made for out-of-country residents. Applicants residing outside the United States must provide official documentation verifying a background check was conducted in their jurisdiction of residence. This background check must be provided on official letterhead from a recognized law enforcement agency or equivalent authority. (a) These fingerprints will be provided on prescribed forms made available to the commission. Fingerprints may be obtained by designated commission staff, a law enforcement office, or at a private service acceptable by the commission. The commission will submit fingerprints to the Oregon Department of State Police to conduct a national criminal records check. Following the submission, all fingerprint cards that commission staff obtained will be destroyed by the Oregon Racing Commission. All background checks shall be requested to include available state and national data, unless obtaining one or the other is an acceptable alternative. The costs of the criminal record check, including a nationwide fingerprint-based criminal records check, shall be the responsibility of the commission. (b) The board of stewards on behalf of the commission shall determine whether an applicant or licensee is fit to be granted a license based on criminal records background check, racing license history, financial records, any false statements made by the applicant or licensee regarding his/her background, any refusal to submit or consent to a criminal records check including fingerprint identification, and any other pertinent information obtained as part of an investigation. If a licensee is determined to be unfit, the applicant may not be granted a license. The applicant may be granted the ability to conduct business in his occupational category on a temporary basis until such time as the background investigation is complete. (c) In order to conduct the Oregon and national criminal records check and fitness determination, the commission may require additional information from the licensee or applicant as necessary, such as but not limited to, proof of identity; residential history; names used while living at each residence; or additional criminal, judicial or other background information. (d) The commission may consider any conviction of any violation of the law for which the court could impose a punishment. When making a fitness determination based on criminal record, the commission shall consider: (A) The nature of the crime; (B) The facts that support the conviction or pending indictment or that indicate the making of the false statement; (C) The relevancy, if any, of the crime or the false statement to the specific requirements of the applicant’s or licensee’s present or proposed license; and (D) Intervening circumstances relevant to the responsibilities and circumstances of the license, intervening circumstances include but are not limited to: (i) The passage of time since the commission of the crime; (ii) The age of the applicant or licensee at the time of the crime; (iii) The likelihood of a repetition of offenses or of the commission of another crime; (iv) The subsequent commission of another relevant crime; (v) Whether the conviction was set aside and the legal effect of setting aside the conviction. (E) If the applicant discontinues the application process or fails to cooperate with the criminal records check process, the application is considered incomplete. (3) Failure to renew a license will result in the expiration of the current license Therefore an applicant will be treated as a “new applicant” and will have to submit a new set of fingerprints for a criminal background check, even if the applicant had already submitted fingerprints as described in Section 2 of this rule. The applicant will also be subject to the additional wait time for the fingerprints to process before being approved for a license. (4) It is the responsibility of the applicant to answer all required information correctly and true to the best of their knowledge and to respond to all inquiries requested by the Commission.