OAR 855-102-0105: State and National Criminal Background Checks for Employees, Volunteers and Employment Applicants

(1) The board requires a criminal records check and fitness determination for board employees, volunteers or applicants for employment with the board. (2) Criminal records checks and fitness determinations are conducted pursuant to ORS 181A.170, ORS 181A.190, ORS 181A.195, ORS 670.280, ORS 676.303, OAR 125-007-0210, OAR 125-007-0220, OAR 125-007-0250, OAR 125-007-0260, OAR 125-007-0270, OAR 125-007-0300, OAR 125-007-0310 and OAR 125-007-0330. (a) To complete the criminal records check and fitness determination, the board may require additional information from the employee, volunteer or applicant, such as, but not limited to, proof of identity or additional criminal, judicial or other background information. (b) If the employee, volunteer or applicant has potentially disqualifying criminal offender information, the board will consider factors listed in ORS 181A.195 before making a fitness determination. (c) An approved fitness determination does not guarantee employment. (d) An incomplete fitness determination does not entitle the employee, volunteer or applicant the right to appeal under OAR 125-007-0300. (3) Pursuant to ORS 181A.195, and OAR 125-007-0310, information obtained in the criminal records check is confidential and will not be disseminated by the board except to persons with a demonstrated and legitimate need to know the information.