OAR 858-010-0019: Criminal Conviction Predeterminations

(1) Prior to beginning an educational program for a license issued by the Board, a person who was convicted of a crime may petition the Board for a predetermination as to whether a criminal conviction will prevent the person from receiving a license issued by the Board. (2) Filing of Petitions. Petitioners must submit a complete petition for predetermination in a form and manner prescribed by the Board that includes: (a) A complete and signed petition form; (b) Petition fee listed in OAR 858-030-0005(6); (c) Copies of the following documents for each criminal conviction: (A) Arrest report(s); (B) Any charging document(s); (C) The final judgment of conviction; (D) Probation and parole records (if any); (E) Completion of court-ordered terms and conditions; and (F) A statement from the petitioner regarding the facts underlying the conviction, and any intervening circumstances. (3) If the records in (2)(c)(A)-(E) no longer exist, have been sealed, or are otherwise unavailable to a petitioner, then the petitioner may provide evidence from the agency that held the record as to why the record cannot be provided in lieu of the documents. (4) A petition is incomplete when it is missing one or more of the items required in subsection (2)-(3). An incomplete petition will expire 60 days from the date the petition form was submitted to the Board. Petitioners who allow their petition to expire must file a new complete petition to receive a predetermination. (5) Petitioners must disclose to the Board all previous criminal convictions. Failure to disclose includes any omission or misrepresentation of any material fact regarding a prior criminal conviction. (6) The Board will review a complete petition and make a predetermination that is not considered a final determination of the Board. (7) The Executive Director may make a predetermination on a petition under the same authority that the Board has delegated to the Executive Director to deny or approve applications. (8) The Board will reconsider its predetermination that a criminal conviction prevents a person from receiving a license if the petitioner subsequently submits a complete application for licensure to the Board. The Board may rescind a previous predetermination if the applicant: (a) Has allegations or charges pending in criminal court; (b) Failed to disclose a previous criminal conviction; (c) Has been convicted of another crime during the period between the predetermination and the applicant’s submission of a completed application to the Board; or (d) Has been convicted of a crime that, during the period between the predetermination and the applicant’s submission of a completed application to the Board, became subject to a change in state or federal law that prohibits licensure by the Board because of a conviction of that crime (9) Nothing in this rule prohibits the Board from denying licensure for a reason other than conviction of a crime. (10) The petition and the Board’s determination are subject to Oregon’s public records laws, and unless an exemption applies, the information in the petition and determination are subject to public disclosure.