OAR 852-050-0025: State Criminal Records Check and Fitness Determination

(1) The purpose of this rule is to provide for the reasonable screening of applicants and licensees to determine if they have a history of criminal behavior such that they are not fit to be granted or to hold a license that has been issued by the Board. (2) The Board may require legible fingerprints for the purpose of a criminal records check and fitness determination of all applicants and licensees including: (a) Applicants for a license; (b) Licensees applying to reactivate a license; (c) Licensees applying to reinstate a license, (d) Licenses applying to renew a license (e) Licensees renewing a license; and (f) Licensees under investigation. (3) Criminal records checks and fitness determinations are conducted according to ORS 181A.170 to 181A.215, 670.280 and OAR 125-007-0200 to 127-007-0310. (a) The Board will request the Oregon Department of State Police to conduct state and nationwide criminal records checks. Any original fingerprint cards will subsequently be destroyed. (b) All background checks must include available state and national data, unless obtaining one or the other is an acceptable alternative to the Board. (c) The applicant or licensee must disclose all arrests, charges, and convictions regardless of the outcome or date of occurrence. Disclosure includes any military or set aside criminal records. (d) The Board may require additional information from the applicant or licensee, such as, but not limited to, proof of identity, previous names, residential history or additional criminal, judicial or other background information. (4) If the applicant or licensee has potentially disqualifying criminal offender information, the Board will consider the following factors in making the fitness determination: (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; (d) Intervening circumstances relevant to the responsibilities and circumstances of the license. Intervening circumstances include but are not limited to: (A) The passage of time since the commission of the crime; (B) The age of the applicant or licensee at the time of the crime; (C) The likelihood of a repetition of offenses or of the commission of another crime; (D) The subsequent commission of another relevant crime; and (E) Whether the conviction was set aside and the legal effect of setting aside the conviction. (F) Any recommendation of an employer; (e) Any false statements or omissions made by the applicant or licensee; and (f) Any other pertinent information obtained as part of an investigation. (5) The Board will make a fitness determination consistent with the outcomes provided in OAR 125-007-0260. (a) A fitness determination approval does not guarantee the granting or renewal of a license. (b) A restricted or conditional approval may necessitate probation, conditions, limitation, or other restrictions on licensure. (c) A denial prohibits the applicant from being granted a license or prohibits the licensee from holding a license. (d) An incomplete fitness determination results if the applicant or licensee refuses to consent to the criminal history check, refuses to be fingerprinted or respond to written correspondence, or discontinues the criminal records process for any reason. Incomplete fitness determinations may not be appealed. (6) Criminal offender information is confidential. Dissemination of information received under ORS 181.534 is only to people with a demonstrated and legitimate need to know the information. The information is part of the investigation of an applicant or licensee and as such is confidential pursuant to 676.175(1). (7) The Board will permit the individual for whom a fingerprint-based criminal records check was conducted to inspect the individual’s own state and national criminal offender records and, if requested by the subject individual, provide the individual with a copy of the individual’s own state and national criminal offender records. (8) An applicant or licensee may appeal a final fitness determination pursuant to OAR 125-007-0300. Challenges to the accuracy or completeness of criminal history information must be made in accordance with OAR 125-007-0300(7). (9) The applicant or licensee must pay a criminal records check fee for the cost of acquiring and furnishing the criminal offender information per OAR 852-010-0080(5)(g).