257-050-0145 Felony Convictions (1) The Department shall deny a tow business’ application for a letter of appointment or revoke a qualified tow business’ letter of appointment for any of the following reasons: (a) A qualified tow business, tow business, manager of daily operations, or principal is convicted of any Oregon felony offense, or any offense in another United States court that is equivalent to an Oregon felony offense, within the preceding fifteen (15) years from the date the application for a letter of appointment is received by the Department. This subsection is subject to the provisions set forth under ORS 166.270(4)(b). (b) A qualified tow business, tow business, manager of daily operations, or principal is convicted of two or more felony offenses. This subsection applies regardless of the date of the conviction. (c) A manager of daily operations or principal is convicted of any felony offense, or any offense in another United States court that is the equivalent of an Oregon felony offense, where a weapon was used or threatened to be used in the commission of the crime. This subsection applies regardless of the date of the conviction. (d) A manager of daily operations or principal is convicted of any sex crimes. This subsection applies regardless of the date of the conviction. (2) Disqualified drivers. (a) A driver that has any conviction described in subsection (1) of this administrative rule is disqualified from operating any tow vehicle on behalf of a qualified tow business and shall not participate in the towing of vehicles for a qualified tow business under the Department’s non-preference tow program. (b) A qualified tow business that employs a driver that has any conviction described in subsection (1) of this administrative rule will remain eligible to participate in the Department’s non-preference tow program under a letter of appointment. However, the qualified tow business shall not allow a driver that is ineligible under this subsection to participate in the towing of vehicles on behalf of the qualified tow business under any letter of appointment issued by the Department. (c) Qualified tow businesses, tow businesses, managers of daily operations, and principals who become aware that a driver is disqualified under this subsection shall immediately notify the Department of the driver and the reason for the disqualification. (3) The Department may, at any time, conduct Oregon LEDS checks of qualified tow businesses, tow businesses, managers of daily operations, principals, and drivers in order to enforce its administrative rules. The Department may also conduct checks of court records in order to determine the existence of felony convictions, dates of convictions, and other disqualifying factors under its administrative rules. (4) These rules apply to any application for a letter of appointment or any letter of appointment in effect before, on, or after the effective date of these rule amendments. Statutory/Other Authority: ORS 181A.350 Statutes/Other Implemented: ORS 181A.350 History: OSP 1-2017, f. & cert. ef. 3-8-17 OSP 2-2016(Temp), f. & cert. ef. 11-18-16 thru 5-16-17 OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10 OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10 OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10 OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06 OSP 5-2005, f. & cert. ef. 11-18-05