Criminal Background

Link to law:
Published: 2015

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






Criminal Background
(1) For the purposes of this section,
“Subject Individual” means:
(a) Any licensee as defined
in OAR 161-002-0000(22).
(b) Any applicant for a certificate,
or registration under ORS Chapter 674 or any applicant for renewal of a license,
certificate, or registration under ORS Chapter 674.
(c) Any Board employee, volunteer,
or any other person the Board may require fingerprints for the purpose of conducting
a state or nationwide criminal records check as identified in ORS 674.105.
(2) The purpose of this section
is to provide for the reasonable screening of subject individuals in order to determine
if they have a history of criminal behavior such that they are unfit to hold a license,
certificate or registration, or work, volunteer or contract with the Board.
(3) The Board and a vendor
for fingerprinting services (‘fingerprint service provider”) have contractually
agreed that:
(a) The fingerprint service
provider will provide electronic fingerprinting services to Oregon subject individuals
and submit the fingerprints electronically to the Oregon Department of State Police
to conduct statewide and nationwide criminal records checks through the Federal
Bureau of Investigation.
(b) All Oregon subject individuals
may only submit fingerprints required by the Board through the fingerprint services
provider. All out of state subject individuals may submit a completed fingerprint
card on the form prescribed by the Oregon State Police and FBI.
(c) The Board may also perform
a Law Enforcement Data System (LEDS) criminal records check as part of any criminal
background fitness determination conducted in regard to the subject individual.
(4) The fingerprint card
and processing fee shall be submitted to the Board prior to issuance of any license
under ORS Chapter 674 and these rules.
(5) Within the Board, only
an authorized designee shall have access to records the Board receives from the
Oregon Department of State Police resulting from a criminal records check.
(6) The Board’s authorized
designee shall maintain and disclose any records received from the Oregon Department
of State Police resulting from a criminal records check in accordance with applicable
requirements and restrictions in ORS Chapter 181 and other applicable federal and
state laws, rules adopted by the Oregon Department of State Police in OAR chapter
257, division 15, these rules, and any written agreement between the Board and the
Oregon Department of State Police.
(7) Records the Board receives
from the Oregon Department of State Police resulting from a criminal records check,
including but not limited to Law Enforcement Data System (LEDS) reports and state
or federal criminal offender information originating with the Oregon Department
of State Police or the Federal Bureau of Investigation, are confidential pursuant
to ORS 181.534(15).
(8) If a fingerprint-based
criminal records check was conducted on a subject individual, the Board shall permit
that subject individual to inspect the state and federal criminal offender information
and provide a copy of the individual’s own state and federal criminal offender
information, unless prohibited by state or federal law.
(9) If the information developed
by the Board indicates that additional information should be obtained from the subject
individual, it will be the duty of the subject individual, upon notice and request
by the Board, to provide the requested information in order to complete the background
check. Information considered necessary by the Board to evaluate the subject individual’s
trustworthiness and competency to engage in professional real estate appraisal activity
in a manner that protects the public interest. Failure to comply may result in a
determination that the background check is incomplete which will result in an unfit
determination by the Board.
(10) The Board shall evaluate
a crime on the basis of Oregon laws and, if applicable, federal laws or the laws
of any other jurisdiction in which the criminal background check indicates a subject
individual may have committed a crime, as those laws are in effect at the time of
the background check.
(11) A subject individual
shall not be denied under this section on the basis of the existence or contents
of a juvenile record that has been expunged under ORS 419A.260 and 419A.262.
(12) The Board shall inform
the subject individual who has been determined unfit on the basis of a criminal
background check, via courier, or registered or certified mail to the most current
address provided by the subject individual of the disqualification. Responsibility
for furnishing a current address remains with the subject individual.
(13) A disqualification determination
is a final order of the Board unless the affected subject individual requests a
contested case hearing under ORS Chapter 183 within 20 days of the mailing of the
Stat. Auth.: ORS 674.170, 674.305(8)
& 674.310
Stats. Implemented: ORS 674
Hist.: ACLB 1-1994, f. &
cert. ef. 2-1-94; ACLB 1-1998, f. 6-24-98, cert. ef. 7-1-98; ACLB 1-2002, f. &
cert. ef. 2-26-02; ACLB 2-2006, f. & cert. ef. 7-26-06; ACLB 1-2010(Temp), f.
1-29-10, cert. ef. 2-1-10 thru 7-27-10; ACLB 2-2010, f. & cert. ef. 4-23-10;
ACLB 2-2011, f. 11-17-2011, cert. ef. 1-1-12; ACLB 5-2014, f. 12-19-14, cert. ef.

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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