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Licensing


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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BOARD OF OPTOMETRY

 

DIVISION 50
LICENSING

852-050-0001
License Required
(1) Unless otherwise exempted by Oregon
law, all persons practicing optometry in the state of Oregon must possess a valid,
unrevoked, active status Oregon license.
(2) Doctors of optometry who
are not practicing in Oregon may hold an inactive status license.
(3) Those granted an inactive
status license by the Board are exempt from ORS 683.100 and OAR 852-50-0016, which
require the licensee to report each Oregon practice location to the Board:
(a) Inactive licensees are required
to maintain a current mailing address and phone number of record with the Board.
Upon written request, the Board will hold the phone number of record of an inactive
licensee confidential if it is a personal number not associated with a business
entity; and
(b) Inactive licensees failing
to notify the Board in writing of any changes to their address or phone number of
record before the change are subject to the fee listed in OAR 852-010-0080.
Stat. Auth.: ORS 683
Stats. Implemented: ORS 683.070,
683.100, 683.120 & 683.270
Hist.: OP 3-1993, f. &
cert. ef. 10-27-93; OPT 3-1998, f. 6-10-98, cert. ef. 7-1-98; OPT 1-2013, f. &
cert. ef. 1-3-13; OPT 2-2014, f. 11-28-14, cert. ef. 1-1-15; OPT 3-2014, f. 12-29-14,
cert. ef. 1-1-15
852-050-0005
License and Certificate of Registration
(1) Upon becoming authorized to practice
Optometry in Oregon, the licensee will receive:
(a) One original license, printed
with and valid only at the address of the reported primary practice location. This
current original license must be displayed in plain sight at the primary practice
location where it can be viewed by any patient; and
(b) One Portable Multiple Practice
Location license, printed with the reported primary practice location address, which
may be used to practice at an unlimited number of additional reported practice locations.
A Board-issued Portable Multiple Practice Location license must be displayed in
plain sight at each non-primary practice location in an area where it can be viewed
by any patient. Optometric physicians who wish not to transport this portable license
among locations may purchase additional copies of the Portable Multiple Practice
Location license from the Board.
(2) The licensee’s status
(active or inactive, and pharmaceutical certification) is printed by the Board on
each license.
(3) The licensee must notify
the Board of each practice location before commencing work at that location.
(4) While practicing at any
location, a current license must be displayed in plain sight at all times in an
area where it can be viewed by any patient.
(5) Photocopies of licenses
are void and may not be displayed.
(6) The original license and
all Portable Multiple Practice Location licenses expire and must be renewed during
the annual license renewal period.
(7) Any optometric physician
actively licensed to practice in Oregon may purchase an optional decorative wall
certificate of registration personalized and signed by the Board.
Stat. Auth.: ORS 683 & 182
Stats. Implemented: ORS 683.070,
683.100, 683.120, 683.270 & 182.466
Hist.: OE 11, f. 5-19-72,
ef. 6-1-72; OE 14, f. 2-20-73, ef. 3-1-73; OE 2-1980, f. 12-23-80, ef. 12-29-80;
OE 2-1984, f. & ef. 7-14-84; OP 1-1987, f. & ef. 4-30-87; OP 1-1991, f.
& cert. ef. 4-12-91; OP 2-1992, f. & cert. ef. 10-21-92; OP 2-1994, f. &
cert. ef. 7-22-94; OP 2-1997, f. & cert. ef. 10-1-97; OPT 3-1998, f. 6-10-98,
cert. ef. 7-1-98; OPT 1-2001, f. 6-18-01, cert. ef. 7-1-01; OPT 2-2002, f. &
cert. ef. 12-18-02; OPT 1-2003, f. 6-12-03, cert. ef. 7-1-03; OPT 1-2007, f. 5-21-07,
cert. ef. 7-1-07; OPT 4-2011, f. 6-24-11, cert. ef. 7-1-11; OPT 1-2013, f. &
cert. ef. 1-3-13; OPT 1-2014, f. & cert. ef. 1-3-14; OPT 2-2014, f. 11-28-14,
cert. ef. 1-1-15; OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15
852-050-0006
Annual Renewal
of Active License
(1) Active licensees must annually renew
their license to practice optometry:
(a) Annual license-year renewal
periods are established by the Board based upon birth dates of licensees;
(b) If the licensee’s
date of birth is not available to the Board, a license renewal period will be established
for the licensee.
(2) Complete license renewal
applications are due on the first day of the month of license expiration (month
of licensee’s birth date) and must be received in the Board’s office
or be postmarked to the Board’s mailing address on or before the due date.
(3) The license renewal application
must include the following to be considered complete:
(a) A completed license renewal
form signed by the licensee;
(b) Payment for the correct
license renewal fee(s);
(c) Documentation of completion
of the required continuing optometric education; and
(d) Documentation of current
CPR certification, as required in OAR 852-80-0040.
(4) The Board, as a courtesy,
mails license year renewal notices to the licensee’s current reported address
of record. However, it is the licensee’s responsibility to ensure timely renewal;
failure to receive notice does not relieve the licensee of the responsibility to
timely renew
(5) A licensee who is not more
than 30 days late in renewing the license may renew upon payment to the Board of
the required late fee. If a licensee is more than 30 days late, the license is automatically
suspended upon 30-day notice sent to the licensee via certified mail, as required
by ORS 683.120(2).
(6) If a licensee is more than
60 days late in renewing the license, the licensee may be required to take an examination
and pay the examination fee as required in ORS 683.060. The Board may, upon written
application, waive the examination requirement.
(7) Of the annual license renewal
fee listed in OAR 852-010-0080, the Board is required by ORS 431.972 to collect
an additional annual fee from each optometry licensee for the Electronic Prescription
Drug Monitoring Fund, which is remitted to the Oregon Health Authority.
(8) In any seven-year period,
any licensee whose complete license renewal and fee is not received or postmarked
by the first day of the month of license expiration is subject to a late payment
fee listed in OAR 852-010-0080, which must be received before the license will be
issued.
(9) Any licensee whose Board-required
CPR certification lapsed at any time during the licensing period is subject to a
lapsed CPR fee as listed in OAR 852-010-0080, which must be received before the
license will be issued.
Stat. Auth.: ORS 683, 182 & 431
Stats. Implemented: ORS 683.070,
683.100, 683.120, 683.270, 182.466 & 431.972
Hist.: OE 2-1982, f. &
ef. 3-18-82; OE 2-1984, f. & ef. 7-14-84; OP 1-1987, f. & ef. 4-30-87; OP
1-1988, f. & cert. ef. 6-28-88; OP 1-1989, f. 1-13-89, cert. ef. 1-16-89; OP
2-1992, f. & cert. ef. 10-21-92; OP 3-1993, f. & cert. ef. 10-27-93; OP
2-1997, f. & cert. ef. 10-1-97; OPT 3-1998, f. 6-10-98, cert. ef. 7-1-98; OPT
1-2001, f. 6-18-01, cert. ef. 7-1-01; OPT 1-2002, f. & cert. ef. 7-26-02; OPT
1-2003, f. 6-12-03, cert. ef. 7-1-03; OPT 3-2005, f. 6-29-05, cert. ef. 7-1-05;
OPT 2-2006, f. 3-20-06, cert. ef. 4-1-06; OPT 3-2006, f. 3-20-06, cert. ef. 7-1-06;
OPT 1-2007, f. 5-21-07, cert. ef. 7-1-07; OPT 3-2007, f. & cert. ef. 12-7-08;
OPT 2-2009, f. & cert. ef. 12-11-09; OPT 5-2011, f. 6-24-11, cert. ef. 7-1-11;
OPT 1-2013, f. & cert. ef. 1-3-13; OPT 2-2014, f. 11-28-14, cert. ef. 1-1-15;
OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15
852-050-0012
Inactive
Status License
(1) Eligible licensees may be granted an
inactive status license upon signed written request. If renewal is not due, the
license will be converted from active to inactive at no charge. If renewal is due,
the licensee will pay the inactive renewal fee.
(2) To remain in inactive status,
a licensee must renew annually. Annual license-year renewal periods are established
by the Board based upon birth dates of licensees.
(3) Complete license renewal
applications are due on the first day of the month of license expiration (month
of licensee’s birth date) and must be received in the Board’s office
or be postmarked to the Board’s mailing address on or before the due date.
(4) The license renewal application
must include the following to be considered complete:
(a) A completed license renewal
form signed by the licensee; and
(b) Payment for the correct
license renewal fee(s).
(5) As a courtesy, the Board
sends a license year renewal notice to the inactive status licensee’s current
reported address of record. However, it is the licensee’s responsibility to
ensure timely renewal; failure to receive notice does not relieve the licensee of
the responsibility to timely renew.
(6) A licensee who is not more
than 30 days late in renewing the license may renew the license upon payment to
the Board of the required fee plus a late fee. If a licensee is more than 30 days
late, the license is automatically suspended upon 30-day notice sent to the licensee
by first-class mail.
(7) A licensee who is more than
60 days late in renewing the license may be required to take an examination and
pay the examination fee as required in ORS 683.060. The Board may, upon written
application, waive the examination requirement.
(8) An inactive status licensee
whose license renewal fee is postmarked after the first day of the month of license
expiration is subject to a late payment fee as listed in OAR 852-010-0080, which
must be received before the license will be issued.
(9) Reactivation: To reactivate
a license to practice optometry in Oregon, an inactive status licensee must complete
the following requirements:
(a) Submit a signed Reactivation
Request form;
(b) Pay the reactivation fee
listed in OAR 852-010-0080 and the difference between the inactive and active status
license renewal fees;
(c) Submit proof of continuing
education hours equivalent to Oregon requirements for the previous licensing period;
(d) Submit documentation of
current CPR certification, as required in OAR 852-80-0040;
(e) Submit proof of meeting
the requirements of OAR 852 Division 80 – Pharmaceutical Agents, for licensure
with the non-topical certification (AT) or non-topical certification with injections
(ATI), unless this information has been previously provided to the Board;
(f) Provide the Board’s
office with the address of the intended primary practice location in the state of
Oregon, if known, or the mailing address to be printed on the license;
(g) Provide written confirmation
sent directly from the licensing entity of each other state in which the applicant
has ever been licensed that the applicant for licensure has not been sanctioned
for violating the laws, rules or standards of ethics of that jurisdiction. In addition,
the Board will query the National Practitioner Data Bank for adverse actions on
each person making an application for licensure;
(h) Pass any required criminal
background check; and
(i) Pass the Oregon optometric
law and administrative rules examination if the applicant last held an active status
license in Oregon more than two years before the date the Board confirms receipt
of the completed application.
Stat. Auth.: ORS 683 & 182
Stats. Implemented: ORS 683.070,
683.100, 683.120, 683.270 & 182.466
Hist.: OE 2-1984, f. &
ef. 7-14-84; OP 1-1987, f. & ef. 4-30-87; OP 2-1992, f. & cert. ef. 10-21-92;
OP 3-1993, f. & cert. ef. 10-27-93; OP 2-1997, f. & cert. ef. 10-1-97; OPT
3-1998, f. 6-10-98, cert. ef. 7-1-98; OPT 1-2001, f. 6-18-01, cert. ef. 7-1-01;
OPT 1-2002, f. & cert. ef. 7-26-02; OPT 1-2003, f. 6-12-03, cert. ef. 7-1-03;
OPT 2-2006, f. 3-20-06, cert. ef. 4-1-06; OPT 1-2007, f. 5-21-07, cert. ef. 7-1-07;
OPT 6-2011, f. 6-24-11, cert. ef. 7-1-11; OPT 1-2013, f. & cert. ef. 1-3-13;
OPT 2-2014, f. 11-28-14, cert. ef. 1-1-15; OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15
852-050-0013
Uniformed Services
(1) No license renewal fees will be assessed
while the licensee is on active duty with the Uniformed Services of the United States:
(a) As a courtesy, the Board
will send annual renewal notices to the licensee’s current reported address
of record. To avoid being placed into lapsed license status, the licensee must return
a completed and signed renewal form with proof of active duty status to the Board
within stated timelines;
(b) Licensees under this rule
who are moved into lapsed status by the Board may be reinstated at no cost by meeting
the requirements of this rule; and
(c) Nothing in this rule may
be construed to waive any other reinstatement or reactivation requirements for Oregon
licensure.
(2) Written notification to
the Board is required within 60 days of the date of discharge in order to change
the license to its former status without fee or penalty. If notification is received
by the Board more than 60 days from the date of discharge, but within the license
renewal period in which the discharge becomes effective, the license may be changed
to its former status by paying all fees and penalties appropriate for a license
of that status.
(3) If a licensed optometric
physician fails to notify the Board in writing of the change of status within 60
days from the date of discharge, or within the license renewal period in which the
discharge becomes effective, whichever is the longer period of time, that person
must take an examination and pay the examination fee as required by ORS 683.060.
Stat. Auth.: ORS 182, 408 & 683
Stats. Implemented: ORS 683.070,
683.100, 683.120, 683.270, 408.450 & 182.466
Hist.: OP 1-1987, f. &
ef. 4-30-87; OP 2-1992, f. & cert. ef. 10-21-92; OPT 3-1998, f. 6-10-98, cert.
ef. 7-1-98; OPT 2-2001, f. 12-13-01, cert. ef. 1-1-02; OPT 1-2013, f. & cert.
ef. 1-3-13; OPT 2-2014, f. 11-28-14, cert. ef. 1-1-15; OPT 3-2014, f. 12-29-14,
cert. ef. 1-1-15
852-050-0014
Reinstatement
of License
(1) A person who has been previously licensed
by the Board may have the license reinstated to its former status if the person:
(a) Voluntarily surrendered
the license to the Board and, at the time of surrender , was in good standing and
not surrendering in lieu of discipline or under notice for proposed disciplinary
action, or subject to a final order of the Board or
(b) The license was suspended
due to nonpayment of the license renewal fee or late fee and, at the time of suspension,
the licensee was not surrendering in lieu of discipline or under notice for proposed
disciplinary action, or subject to a final order of the Board.
(2) To reinstate an Oregon Optometry
license an optometric physician must:
(a) Submit a signed written
request;
(b) Provide written confirmation
sent directly from the licensing entity of each other state in which the applicant
has ever been licensed that the applicant for licensure has not been sanctioned
for violating the laws, rules or standards of ethics of that jurisdiction. In addition,
the Board will query the National Practitioner Data Bank for adverse actions on
each person making an application for licensure;
(c) Pass any required criminal
background check;
(d) Pay delinquent fees as determined
by the Board;
(e) Pay the reinstatement fee
as listed in OAR 852-010-0080; and
(f) Submit documentation of
current CPR certification, as required in OAR 852-80-0040;
(g) The requirements in (2)(b)
and (2)(e) above may be waived by the Board if the license is not more than 60 days
expired.
(3) Reinstatement of a license
to active status also requires:
(a) Submission of a completed
Reactivation Application form;
(b) Passage of the Oregon optometric
law and administrative rules examination if it has been more than two years since
the person held an active status license in Oregon; and
(c) Submission of proof of continuing
education equivalent to Oregon requirements for the previous license renewal period.
Stat. Auth.: ORS 683 & 182
Stats. Implemented: ORS 683.070,
683.120, 683.270 & 182.466
Hist.: OPT 1-2001, f. 6-18-01,
cert. ef. 7-1-01; OPT 2-2001, f. 12-13-01, cert. ef. 1-1-02; OPT 1-2002, f. &
cert. ef. 7-26-02; OPT 1-2003, f. 6-12-03, cert. ef. 7-1-03; OPT 2-2006, f. 3-20-06,
cert. ef. 4-1-06; OPT 1-2013, f. & cert. ef. 1-3-13; OPT 2-2014, f. 11-28-14,
cert. ef. 1-1-15; OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15
852-050-0016
Notice of Place of Practice
(1) Each active licensee must notify the
Board in writing of each place of practice before engaging in practice at that location.
If the licensee is practicing in a mobile facility or with a portable unit, the
licensee must report the Base of Operations and specific locations of such practice
to the Board in compliance with this rule.
(a) Within 14 days of termination
of practice at any location, licensee must notify the Board in writing, including
information on the custody of any patient records generated by the licensee at that
location.
(b) Written notification from
a licensee to the Board must be signed, and may be made by mail, fax or scanned
e-mail attachment. Standard e-mail notification from the licensee’s professional
or personal e-mail will be accepted with an electronic signature that is composed
of the licensee’s full legal name and optometry license number, followed by
the last four digits of the licensee’s Social Security number.
(2) Failure to notify the Board
in writing of practice location(s) and any address change(s) in accordance with
(1) above subjects the licensee to fees listed in OAR 852-010-0080.
Stat. Auth.: ORS 683
Stats. Implemented: ORS 683.070,
683.100, 683.120 & 683.270
Hist.: OP 2-1992, f. &
cert. ef. 10-21-92; OP 3-1993, f. & cert. ef. 10-27-93; OP 1-1996, f. 6-27-96,
cert. ef. 7-1-96; OPT 3-1998, f. 6-10-98, cert. ef. 7-1-98; OPT 1-2013, f. &
cert. ef. 1-3-13; OPT 1-2014, f. & cert. ef. 1-3-14; OPT 2-2014, f. 11-28-14,
cert. ef. 1-1-15; OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15
852-050-0018
Official Address and Telephone Number
of Record
(1) Each actively licensed optometric physician
must notify the Board in writing of the licensee’s primary practice location,
which is recorded by the Board as the official address of record. All correspondence
from the Board will be sent to the official address of record unless the licensee
requests in writing that an alternate mailing address be used. Active licensees
who do not have a primary practice location may provide the Board with a mailing
address.
(2) Each inactive licensee must
notify the Board in writing of a mailing address.
(3) Post office boxes are not
acceptable as a mailing address unless a street address is included with it and
it is able to receive certified mail and return receipts. (4) Each licensee (active
or inactive) must provide a telephone number of record to the Board, which by default
is disclosable to the public. Upon written request, the Board will hold the telephone
number of record of a licensee confidential if it is a personal number not associated
with a business.
(4) Each licensee (active or
inactive) must provide a telephone number of record to the Board, which by default
is disclosable to the public. Upon written request, the Board will hold the telephone
number of record of a licensee confidential if it is a personal number not associated
with a business.
(5) Failure to notify the Board
in writing of a change in the licensee’s official address or telephone phone
number of record may subject the licensee to disciplinary action and a fee as listed
in OAR 852-010-0080.
Stat. Auth.: ORS 683 & 182
Stats. Implemented: ORS 683.070,
683.100, 683.120, 683.270 & 182.466
Hist.: OPT 2-2002, f. &
cert. ef. 12-18-02; OPT 1-2005, f. & cert. ef. 2-23-05; OPT 1-2013, f. &
cert. ef. 1-3-13; OPT 2-2014, f. 11-28-14, cert. ef. 1-1-15; OPT 3-2014, f. 12-29-14,
cert. ef. 1-1-15
852-050-0021
Nonprofit Services
An actively licensed doctor of optometry
in Oregon who volunteers to provide professional services to a charitable nonprofit
corporation may request the additional practice location license required for that
location from the Board at no charge.
(1) Nonprofit corporation means
a charitable corporation as described in section 501(c)(3) of the Internal Revenue
Code and determined by the Oregon Board of Optometry as providing optometric services
by volunteer licensed doctors of optometry to populations with limited access to
eye care at no charge or at a substantially reduced charge.
(2) “Voluntary basis”
means working of one’s own free will and without payment for services.
(3) Any entity that owns or
operates a nonprofit charitable clinic that provides eye care services must name
an actively licensed Oregon optometric physician as its vision services director
who is subject to the provisions of ORS 683 and OAR 852. This director is responsible
for the patient records on eye care services for the clinic.
(4) Any licensed optometric
physician who works at a nonprofit clinic described in (1) above must:
(a) Display a portable multiple
practice location license, and
(b) Comply with all other provisions
of ORS 683 and OAR 852, including reporting start and end dates of providing services
at any practice location.
Stat. Auth.: ORS 683 & 182
Stats. Implemented: ORS 683.010(3),
683.240(2), 683.270(k) & 182.466
Hist.: OPT 2-2005, f. &
cert. ef. 4-8-05; OPT 1-2013, f. & cert. ef. 1-3-13; OPT 2-2014, f. 11-28-14,
cert. ef. 1-1-15; OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15
852-050-0022
Liability
Limitations for Volunteers
(1) An active status
licensee may register with the Board at no additional charge to qualify for the
provisions of ORS 676.340, which provides registrants with specific exemptions from
liability for the provision of optometric services to defined charitable organizations
without compensation under the terms of the law.
(2) Registration
requires submission of a signed form provided by the Board in accordance with ORS
676.345 (2).
(3) Initial
registration will expire at the licensee’s next annual license renewal date,
and annually thereafter. It is the licensee’s responsibility to ensure his
or her active registration in this program; no notice will be sent regarding expiration
of licensee’s registration.
(4) Nothing
in this section relieves licensee from the responsibility to comply with all other
provisions of ORS 683 and OAR 852, including reporting start and end dates of providing
services at any practice location.
(5) Patients
treated under the provisions of ORS 676.340 and 676.345 in no way waive their rights
to file complaints against the doctor of optometry with the Board, and the Board
retains all rights and responsibilities under OAR 852 Division 60.
Stat. Auth.: ORS
676, 683

Stats. Implemented:
ORS 676.340, 676.345, 683.140 & 683.325

Hist.: OPT
1-2013, f. & cert. ef. 1-3-13
852-050-0025
State Criminal
Records Check and Fitness Determination
(1) The purpose of these rules 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) These rules are to be applied
when evaluating the criminal history of an applicant or licensee and conducting
fitness determinations based upon such history. The fact that an applicant or licensee
has cleared the criminal history check does not guarantee the granting or renewal
of a license.
(3) The Board may require criminal
history of applicants for an initial licensure or renewal, licensees applying to
reinstate or reactivate a lapsed license, or licensees under investigation to determine
the fitness of an applicant or licensee. This information must be provided upon
request as prescribed by the Board. The Board will submit information to the Oregon
Department of State Police Law Enforcement Data System to conduct an Oregon Criminal
History Check, and to other sources deemed necessary to ensure public protection
(4) The Board determines whether
an applicant or licensee is fit to be granted a license based on the criminal records
background check, any false statements made by the applicant or licensee regarding
the criminal history of the individual, any refusal to submit or consent to a criminal
records check, and any other pertinent information obtained as part of an investigation.
If an applicant is determined to be unfit, the applicant may not be granted a license.
If a licensee is determined to be unfit, the licensee’s license may not be
renewed, reactivated, or reinstated. The Board may make a fitness determination
conditional upon applicant’s or licensee’s acceptance of probation,
conditions, limitations, or other restrictions upon licensure.
(5) Except as otherwise provided
in section (2), in making the fitness determination the Board considers:
(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; and
(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 other information the
Board deems relevant or necessary.
(6) All requested background
checks include Oregon data. In some circumstances, national criminal data collection
may be required.
(7) In order to conduct the
Oregon Criminal History Check and fitness determination, the Board may require additional
information from the licensee or applicant as necessary such as but not limited
to: proof of identity, residential history, names used while living at each residence,
or additional criminal, judicial or other background information.
(8) 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).
(9) The Board may consider any
conviction of any violation of the law for which the court could impose a punishment
and that is in compliance with ORS 670.280. The Board may also consider any arrests,
court records, or other information that may be indicative of an individual’s
inability to perform as a licensee with care and safety to the public.
(10) If an applicant or licensee
is determined not to be fit for a license, the applicant or licensee is entitled
to a contested case process pursuant to ORS 183.413-183.470. Challenges to the accuracy
or completeness of information provided by the Oregon Department of State Police,
Federal Bureau of Investigation and agencies reporting information must be made
through the Oregon Department of State Police, Federal Bureau of Investigation,
or reporting agency and not through the contested case process pursuant to ORS 183.
If an individual successfully contests the accuracy or completeness of information
provided by the Oregon State Police, the FBI or other reporting agency, the Board
will conduct a new criminal history check upon request from the applicant or licensee.
(11) If the applicant discontinues
the application process or fails to cooperate with the criminal history check process,
the application is considered incomplete.
Stat. Auth.: ORS 683, 182, 181, 676
Stat. Implemented: ORS 683.140,
683.270, 182.466, 181.534 & 676.303
Hist.: OPT 7-2011, f. 6-24-11,
cert. ef. 7-1-11; OPT 1-2013, f. & cert. ef. 1-3-13; OPT 2-2014, f. 11-28-14,
cert. ef. 1-1-15; OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15

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