OAR 581-021-0515: Background Check on Athlete Agents

(1) Definitions (a) “Athlete agent” has the definition given in ORS 702.005(2)(a). (b) “Athlete agent application” meets the specifications given in ORS 702.017. (2) The Oregon Department of Education shall conduct a fingerprint-based criminal history background check on every athlete agent applicant. (a) Criminal records check requests shall be submitted electronically through the statewide vendor identified by DAS. Exemptions from this requirement may be granted by the Oregon Department of Education on an individual basis. Reasons for exemption include, but are not limited to, geographic location and ability of vendor to meet needs. Athlete Agent applicants exempted from the electronic process shall submit fingerprint information on forms provided by the Oregon Department of Education . (b) The Oregon Department of Education shall request criminal records information from the Oregon State Police in the manner prescribed by law. (3) The Oregon Department of Education shall refuse to issue a certificate of registration where: (a) The athlete agent fails to submit a completed athlete agent application or complete the required background check ; (b) The background check reveals that the athlete agent applicant has been convicted of a crime listed in ORS 342.143, or the substantial equivalent of any of those crimes if the conviction occurred in another jurisdiction or in Oregon under a different statutory name or number; (c) The athlete agent applicant made a false, misleading, deceptive, or fraudulent representation on the athlete agent application; (d) The athlete agent applicant is subject to mandatory registration reporting as a sex offender in this state or in any other jurisdiction; or (e) The athlete agent applicant has pleaded guilty or no contest to, has been convicted of, or has charges pending for a crime that, if committed in Oregon, would be a crime involving moral turpitude or a felony. (4) The Oregon Department of Education may refuse to issue a certificate of registration where: (a) The athlete agent applicant has engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity; (b) The athlete agent applicant has engaged in conduct prohibited by ORS 702.027; (c) The athlete agent applicant has a registration or licensure as an athlete agent suspended, revoked or denied or been refused renewal of registration or licensure as an athlete agent in any state; (d) The athlete agent applicant has engaged in conduct the consequence of which was that a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or educational institution; or (e) The athlete agent applicant has engaged in conduct that significantly adversely reflects on the applicant’s credibility, honesty or integrity. (5) The department may suspend, revoke or refuse to renew a registration for conduct that would have justified denial of registration under subsections (3) or (4) of this rule. (6) Evaluations of crimes shall be based on Oregon laws in effect at the time of conviction, regardless of the jurisdiction in which the conviction occurred. (7) Prior to making a determination that results in a notice and opportunity for hearing, the Oregon Department of Education may cause an investigation to be undertaken. Subject individuals shall cooperate with the investigation and may be required to furnish oral or written statements by affidavit or under oath. If the Department determines through investigation that a violation of this rule has not occurred, a written decision explaining the basis for the decision will be provided to the subject individual. (8) Subject individuals may appeal a determination that prevents their issuance of a Permit as a contested case under ORS 183.413 to 183.470 to the Oregon Department of Education. (9) The Oregon Department of Education shall not provide copies of criminal records to anyone except as provided by law. (10) The Oregon Department of Education shall maintain a record of all properly submitted fingerprint information. The record shall include at least the following: (a) Permit number (b) Athlete Agent applicant submitting the fingerprints; (c) Date the Department form is received; (d) Date fingerprint information is sent to Oregon State Police; and (e) Date Athlete Agent applicant denied or Permit approved. (11) A Temporary Athlete Agent Permit issued by The Oregon Department of Education shall allow 14 days of athlete agent privileges if the applicant does not hold a current permit, if payment and application have been received, and the applicant has submitted fingerprinting. Oregon Department of Education shall only issue one temporary permit within a period of two years. (12) An Athlete Agent shall notify Oregon Department of Education within 30 days of any change in employer or contact information.