OAR 858-010-0034: Criminal Records Checks and Fitness Determinations

(1) The purpose of this rule is to provide for the reasonable screening of licensees and applicants for licensure to determine if they have a history of criminal behavior and are not fit to hold a license that is issued by the Board. (2) The following persons (“subject individuals”) must take the steps necessary to complete a nationwide criminal records check under ORS 181A.195: (a) All applicants for licensure; and (b) Licensees under investigation by the Board, when the Board has a rational reason to determine if the licensee has a history of criminal behavior. (3) To complete a criminal records check, each subject individual must: (a) Respond completely and truthfully to all of the Board’s character and fitness questions; (b) Provide fingerprints pursuant to ORS 181A.170 (additional fingerprints may be required if the initial fingerprints are rejected); (c) Provide personal information necessary to obtain the criminal records check pursuant to OAR 125-007-0220; and (d) Pay to the Board the actual cost of acquiring and furnishing the criminal offender information. (4) Any original fingerprint cards will subsequently be destroyed in accordance with ORS 181A.195. (5) The Board will make a final fitness determination based on criminal offender information and any other pertinent information obtained by the Board, including any false statements or omissions made by the subject individual, and other factors pursuant to ORS 181A.195(10)(c) and OAR 125-007-0260 to 125-007-0270. The Board may make a fitness determination conditional upon the subject individual's acceptance of probation, conditions, limitations, or other restrictions upon licensure. (6) If a subject individual refuses to consent to the criminal records check or refuses to be fingerprinted, the Board will deny the licensure application or revoke the license. (7) Criminal offender information is confidential and will not be disseminated by the Board except to persons with a demonstrated and legitimate need to know the information, including: (a) The Board will permit the subject individual to inspect their own state and national criminal offender records and, if requested, provide the subject individual with a copy of their own state and national criminal offender records. (b) Criminal records information may be used as exhibits during a contested case hearing process. (8) A subject individual may appeal an adverse final fitness determination pursuant to OAR 125-007-0300. Challenges to the accuracy or completeness of criminal records information must be made to the reporting agency and not to the Board or through the contested case process. (9) If the subject individual successfully contests the accuracy or completeness of criminal records information, the Board will conduct a new criminal records check and re-evaluate the fitness determination.