justicedao/ipfs_state_laws huggingface dataset:
414-002-0005 Notice of Proposed Rule (1) Before permanently adopting, amending or repealing any rule, the Early Learning Council shall give notice of the proposed adoption, amendment or repeal: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule to be adopted; (b) By mailing or e-mailing, at least 28 days before the effective date of the rule, a copy of the notice to persons on the Council's mailing list established pursuant to ORS 183.335(8); (c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective day of the rule; and, (d) By mailing or e-mailing a copy of the notice to persons, organizations and publications identified by the Council and established educational, student and parent organizations that have submitted mailing or e-mailing addresses to the Council. (2) Persons who wish to be placed on the Council's mailing or e-mailing list may request in writing or by e-mail that the Council send to the person copies of its notice of proposed rulemaking. (3) The Council may update the mailing and e-mailing lists described in this rule annually by requesting persons to confirm that they wish to remain on the lists. If a person does not respond to a request for confirmation within 28 days of the date the Council sends the request, the Council will remove the person from the mailing and e-mailing lists. Any person removed from the mailing or e-mailing lists will be returned to the mailing or e-mailing list upon request, provided that the person provides a mailing address or e-mailing address to which notice may be sent. Statutory/Other Authority: ORS 183.335 & 183.341(4) Statutes/Other Implemented: ORS 183.335 History: ELD 1-2014, f. & cert. ef. 1-15-14 ELD 3-2013(Temp), f. & cert. ef. 9-9-13 thru 3-5-14 ELD 2-2013(Temp), f. & cert. ef. 8-16-13 thru 2-12-14
414-002-0010 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the Early Learning Council adopts the Attorney General's Model Rules of Procedure under the Administrative Procedure Act in effect on January 1, 2012. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Oregon Education Investment Council.] Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.34 History: ELD 1-2014, f. & cert. ef. 1-15-14 ELD 3-2013(Temp), f. & cert. ef. 9-9-13 thru 3-5-14 ELD 2-2013(Temp), f. & cert. ef. 8-16-13 thru 2-12-14
414-002-0015 Mediation Confidentiality Model Rule Pursuant to ORS 36.224 and OAR 137-005-0050, the Department adopts by reference OAR 137-005-0052 Mediation Confidentiality as promulgated by the Attorney General effective as of November 13, 2018. Statutory/Other Authority: ORS 36.224 Statutes/Other Implemented: ORS 36.224 History: ELD 8-2023, adopt filed 05/30/2023, effective 07/01/2023
414-050-0000 Hearings and Rulemaking Procedures The Attorney General's Model Rules of Procedure effective December 9, 2003 shall be applicable to rulemaking functions and to all contested case hearings of the Child Care Licensing Division of the Department of Early Learning and Care. Statutory/Other Authority: ORS 326.430 & ORS 329A.020 Statutes/Other Implemented: ORS 326.430 History: DELC 53-2023, minor correction filed 11/15/2023, effective 11/15/2023 CCD 3-2004, f. 7-30-04 cert. ef. 8-1-04 CCD 2-2001, f. 5-17-01, cert. ef. 5-20-01 CCD 1-1999, f. & cert. ef. 5-26-99 CCD 1-1996, f. & cert. ef. 3-19-96 CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 412-010-0601 CSD 17-1993, f. & cert. ef. 12-17-93
414-050-0005 Rules Procedure Prior to the adoption, amendment, or repeal of any permanent rule, the Department shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date. (2) By mailing, e-mailing or faxing a copy of the notice to persons on the applicable Department mailing list established pursuant to ORS 183.335(7) at least twenty-eight (28) days prior to the effective date. (3) By mailing, e-mailing or faxing a copy of the notice to the legislators specified in ORS 183.335(15) of this section at least 49 days before the effective date. (4) By mailing a copy of the notice to the: (a) Associated Press; (b) United Press International; (c) The Capitol Press Room; and (d) A newspaper of statewide circulation. Statutory/Other Authority: ORS 326.430 Statutes/Other Implemented: ORS 326.430 & ORS 183.355 History: DELC 54-2023, minor correction filed 11/15/2023, effective 11/15/2023 CCD 3-2004, f. 7-30-04 cert. ef. 8-1-04 CCD 3-1994, f. & cert. ef. 8-2-94
414-050-0010 Social Security Numbers (1) The Department will not issue or renew a registration, certification or enrollment unless an applicant provides their social security number on the application or renewal form. The applicant need not provide the social security number on the application for renewal, if the applicant's social security number has previously been provided to the Department and is in the record. (2) If an applicant has not been issued a social security number by the United States Social Security Administration, the Department will accept a written statement from the applicant to fulfill the requirements of section (1). The applicant may submit the written statement on the “Department Statement of No Social Security Number” form. Any written statement submitted must: (a) Be signed by the applicant; (b) Attest to the fact that no social security number has been issued to the applicant by the United States Social Security Administration; and (c) Acknowledge that knowingly supplying false information under this section is a Class A misdemeanor, punishable by imprisonment of up to one year and a fine of up to $6250. (3) Any written statement submitted to the Department under section (2) of this rule or the identity of any person making such a statement will not be released by the Department to any person or entity. Statutory/Other Authority: ORS 657.610, 42 U.S.C. 666 & ORS 326.430 Statutes/Other Implemented: ORS 25.785 History: DELC 55-2023, minor correction filed 11/15/2023, effective 11/15/2023 CCD 2-2004, f. 3-26-04, cert ef. 3-28-04 CCD 5-2003(Temp), f. 12-23-03, cert. ef. 12-28-03 thru 6-25-04
414-055-0000 Definitions (1) “Commission or Council” means those official bodies identified in ORS 326.425. (2) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year: (a) Of less than $50,000, as reported on an income tax return other than a joint income tax return; or (b) Of less than $100,000, as reported on a joint income tax return. Statutory/Other Authority: ORS 292.495 & ORS 326.425 Statutes/Other Implemented: ORS 292.495 & ORS 326.425 History: DELC 56-2023, minor correction filed 11/15/2023, effective 11/15/2023 ELD 5-2022, adopt filed 03/30/2022, effective 03/30/2022 ELD 7-2021, temporary adopt filed 10/27/2021, effective 10/27/2021 through 04/24/2022
414-055-0005 Per Diem Compensation (1) Subject to the availability of funds in the budget of the Commission or Council, and except as otherwise provided by law, the Department shall pay any member of a Commission or Council, other than a member who is employed in full-time public service, compensation for each day or portion thereof during which the member is actually engaged in the performance of official Commission or Council duties. (2) The rate of compensation per day pursuant to ORS 292.495(5) is equal to the per diem paid to members of the Legislative Assembly under ORS 171.072. (3) A member of a Commission or Council may decline to accept compensation or reimbursement of expenses related to the member’s service on the Commission or Council. (4) In order to receive compensation, a member must submit to the Department a signed written request for compensation within 30 days of the meeting or work performed. The member must specify the date, name, type of meeting(s) or work, and the number of full or partial days the member spent performing official Commission or Council business. Statutory/Other Authority: ORS 292.495 Statutes/Other Implemented: ORS 292.495 & ORS 326.425 History: DELC 57-2023, minor correction filed 11/15/2023, effective 11/15/2023 ELD 5-2022, adopt filed 03/30/2022, effective 03/30/2022 ELD 7-2021, temporary adopt filed 10/27/2021, effective 10/27/2021 through 04/24/2022
414-055-0010 Reimbursement of Travel and Other Expenses (1) Except as otherwise provided by law, the Department may reimburse all members of Commissions and Councils, including those employed in full-time public service, for actual and necessary travel or other expenses actually incurred in the performance of their official duties within the limits provided by law or by the Oregon Department of Administrative Services under ORS 292.210 to 292.250. (2) Except as provided in subsection (5) of this section, and notwithstanding any other provision of law, the Department shall provide reimbursement to a qualified member of the Commission or Council for actual and necessary travel or other expenses actually incurred in the performance of a member’s official duties within the limits provided by law or by the Oregon Department of Administrative Services under ORS 292.210 to 292.250. (3) For the purposes of this rule, in order to be considered a qualified member, a member may attest by signature that they meet the conditions and income limits specified in 414-055-0000(2). (4) In order to receive reimbursement of actual and necessary travel and other expenses, a member must submit to the Department a travel expense claim for reimbursement supported by receipts, invoices or other appropriate documentation for travel and other expenses within 30 days following the day the member incurred the expense. (5) A member of a Commission or Council may decline to accept compensation or reimbursement of expenses related to the member’s service on the Commission or Council. Statutory/Other Authority: ORS 292.495 Statutes/Other Implemented: ORS 292.495 & ORS 326.425 History: DELC 58-2023, minor correction filed 11/15/2023, effective 11/15/2023 ELD 5-2022, adopt filed 03/30/2022, effective 03/30/2022 ELD 7-2021, temporary adopt filed 10/27/2021, effective 10/27/2021 through 04/24/2022
414-055-0015 Reimbursement for Hiring a Substitute (1) As used in OAR 414-055-0010(4), “other expenses” includes expenses incurred by a member of the Commission or Council in employing a substitute to carry out duties, including personal duties, normally performed by the member, which the member is unable to carry out because of the performance of official duties and which, by the nature of such duties, cannot be delayed without risk to health or safety. (2) The amount that a member may be reimbursed for expenses incurred in employing a substitute must not exceed $25 per day, pursuant to ORS 292.495(3). Statutory/Other Authority: ORS 292.495 Statutes/Other Implemented: ORS 292.495 & ORS 326.425 History: DELC 59-2023, minor correction filed 11/15/2023, effective 11/15/2023 ELD 5-2022, adopt filed 03/30/2022, effective 03/30/2022 ELD 7-2021, temporary adopt filed 10/27/2021, effective 10/27/2021 through 04/24/2022
414-061-0000 Purpose (1) The Department will conduct criminal records checks, child abuse and neglect records checks, and checks of foster care certification and adult protective services on subject individuals, as defined in OAR 414-061-0030, for enrollment of subject individuals in the Central Background Registry. (2) These rules provide guidelines on how the Department conducts criminal records and child abuse and neglect records checks on subject individuals, checks a subject individual’s foster care certification and adult protective services history, obtains relevant records when necessary, applies such information to its determination about the suitability of the subject individual, and enrolls approved subject individuals in the Central Background Registry. Statutory/Other Authority: ORS 329A.030(7) Statutes/Other Implemented: ORS 329A.030 History: DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024 DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024 ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018 ELD 3-2015, f. & cert. ef. 2-3-15 CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10 CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10 CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03 CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98
414-061-0010 Scope of Rules (1) Consistent with the purposes of these rules, the Department will issue decisions about persons defined as subject individuals as to their suitability to be enrolled in the Central Background Registry and employed in programs defined as "Requesting Agencies" in OAR 414-061-0020(32). (2) These rules (OAR 414-061-0000 through 414-061-0120) shall be construed and implemented consistent with the regulations governing: (a) Child care licensing in OAR 414-205-0000 through 414-205-0170, 414-305-0100 through 414-305-01640, 414-350-0000 through 414-350-0405 and 414-310-0000 through 414-310-0720; (b) Pre-kindergarten programs in 414-460-0000 through 414-460-0075; (c) Parent-as-teacher programs in 414-470-0000 through 414-470-0075; (d) Early childhood special education and early intervention programs in OAR 581-015-2700 through 581-015-2910; (e) Subsidized Care Facilities as defined in 414-061-0020(35); (f) School Age Recorded Programs in OAR 414-425-0000 through 414-425-0040; and (g) Preschool Recorded Programs in OAR 414-450-0000 through 414-450-0040. Statutory/Other Authority: ORS 329A.030(7) Statutes/Other Implemented: ORS 329A.030 History: DELC 14-2024, minor correction filed 03/04/2024, effective 03/04/2024 DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024 DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024 ELD 26-2022, amend filed 12/16/2022, effective 12/16/2022 ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022 ELD 3-2015, f. & cert. ef. 2-3-15 CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10 CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10 CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03 CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98
414-061-0040 Limitations of Criminal and Judicial Inquiries (1) Only Department employees or contractors who have been fingerprinted and cleared by the Oregon State Police shall access or have access to criminal records information pursuant to a valid agency agreement, as defined in OAR 414-061-0020(23). All such information shall be handled in compliance with the agency agreement and rules and procedures of the Oregon State Police relating to the criminal records information (OAR 257-015-0000 to 257-015-0100). It is the responsibility of the Department to assure strict compliance with federal and state laws, rules, and procedures regarding, access, dissemination, maintenance, and destruction of criminal records information. (2) Criminal records information obtained from OSP, the FBI, or another criminal records repository will not be used for any purpose other than that for which it was obtained nor given to unauthorized persons or agencies. (3) Criminal records information, including fingerprint-based criminal records information held by the FBI, OSP or other state, county or municipal law enforcement agency and records of all state, federal or municipal judicial proceedings information shall be obtained by the Department to determine whether a subject individual has criminal history which is related to enrollment in the Central Background Registry. (4) If a subject individual has been convicted of a crime which is related to enrollment in the Central Background Registry, the subject individual will be notified by the Department that they: (a) Has a right to inspect and challenge the accuracy of their Oregon criminal records by contacting the Oregon State Police; (b) May challenge the accuracy or completeness of any entry on the subject individual's criminal records provided by the FBI by filing a challenge with the FBI’s CJIS Division. Statutory/Other Authority: ORS 329A.030(7) Statutes/Other Implemented: ORS 329A.030 History: DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024 DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024 ELD 18-2019, amend filed 08/13/2019, effective 08/13/2019 ELD 15-2019, temporary amend filed 05/30/2019, effective 05/30/2019 through 11/25/2019 ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018 ELD 7-2016, f. & cert. ef. 12-19-16 ELD 3-2015, f. & cert. ef. 2-3-15 CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10 CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10 CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03 CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98
414-061-0060 Requirements of Requesting Agencies Requesting agencies, as defined in OAR 414-061-0020(32), must comply with the following requirements: (1) A requesting agency's application forms must contain a notice that employees and other persons who are subject individuals must be enrolled in the Central Background Registry and that employment is subject to fingerprinting, criminal records checks, child abuse and neglect records check, foster care certification check, and adult protective services check. (2) A requesting agency may hire a subject individual on a probationary basis if the subject individual is conditionally enrolled in the Central Background Registry. Conditionally enrolled individuals shall not have unsupervised access to childcare children at any time. A requesting agency may hire a subject individual on a permanent basis if the subject individual is enrolled in the Central Background Registry. (3) A requesting agency shall not hire or continue to employ on a probationary or permanent basis an individual if the individual is not enrolled in the Central Background Registry or has been removed from the Central Background Registry and has not been re-enrolled. (4) A requesting agency may allow a subject individual who is not yet enrolled or conditionally enrolled in the Central Background Registry to participate in training, orientation and work activities if the training, orientation and work activities are at a location other than the child care facility or are conducted at the facility when children are not present and the subject individual is not in contact with any children. Statutory/Other Authority: ORS 329A.030(7) Statutes/Other Implemented: ORS 329A.030 History: DELC 15-2024, minor correction filed 03/04/2024, effective 03/04/2024 ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022 ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018 ELD 3-2015, f. & cert. ef. 2-3-15 CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10 CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10 CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03 CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98
414-061-0065 Requirements for Reciprocal Agreement Programs A reciprocal agreement program must enter into a reciprocal agreement with the Department that provides for sharing information on enrollment status of the individuals described in OAR 414-061-0020(16)(a) and (b) respectively, and for the recovery of administrative, including direct and indirect costs incurred by the Department from the participation in the agreement. Statutory/Other Authority: ORS 329A.030(7) Statutes/Other Implemented: ORS 329A.030 History: DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024 DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024 ELD 3-2015, f. & cert. ef. 2-3-15 CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10
414-061-0075 Duty of Subject Individuals A subject individual who is conditionally enrolled or enrolled in the CBR shall inform the Department within 30 days of the date of any change in their mailing address, phone number or email listed on their application materials. Statutory/Other Authority: ORS 329A.030(7) Statutes/Other Implemented: ORS 329A.030, HB 2259 (2017) History: DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024 DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024 ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022 ELD 3-2018, adopt filed 02/08/2018, effective 09/30/2018
414-061-0080 Procedures for Conducting FBI Criminal History Checks (1) An FBI criminal records check will be done on all subject individuals who: (a) Are currently enrolled in the CBR; or (b) Are submitting an application for enrollment in the Department’s Central Background Registry. (2) The subject individual shall supply to the Department the following information: (a) One properly completed FBI fingerprint card, with printing in the "reason fingerprinted" block that reads “License/Certificate/Permit ORS181A.195”; and (b) A properly completed "Instructions to Authorized Fingerprinter" form; or (c) Electronically submitted fingerprints through a Department designated fingerprinter. The "reason fingerprinted" field must read "License/Certificate/Permit”. (3) The Department will review the criminal records information and any additional information and will determine whether or not a subject individual may be enrolled, suspended or removed in or from the Central Background Registry. (4) Individuals currently enrolled in the Central Background Registry or with pending applications for enrollment in the Central Background Registry will receive a request to complete an FBI criminal records check from the Department and must complete the FBI criminal records check by the date indicated on the request. (5) Failure to complete and pass the FBI criminal records check is a basis for suspension of enrollment in the Central Background Registry, removal from the Central Background Registry, or denial of the application. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 329A.030(7) Statutes/Other Implemented: ORS 329A.030, HB 2259 (2017) History: DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024 DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024 ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018 ELD 8-2017, f. & cert. ef. 8-3-17 Reverted to ELD 3-2015, f. & cert. ef. 2-3-15 ELD 1-2017(Temp), f. & cert. ef. 1-26-17 thru 7-24-17 ELD 3-2015, f. & cert. ef. 2-3-15 CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10 CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10 CCD 5-2005, f. 12-29-05, cert. ef. 1-1-06 CCD 3-2005(Temp), f. & cert. ef. 8-16-05 thru 2-12-06 CCD 6-2004, f. & cert. ef 12-17-04 CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03 CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98