858-010-0019 Criminal Conviction Predeterminations (1) Prior to beginning an educational program for a license issued by the Board, a person who was convicted of a crime may petition the Board for a predetermination as to whether a criminal conviction will prevent the person from receiving a license issued by the Board. (2) Filing of Petitions. Petitioners must submit a complete petition for predetermination in a form and manner prescribed by the Board that includes: (a) A complete and signed petition form; (b) Petition fee listed in OAR 858-030-0005(6); (c) Copies of the following documents for each criminal conviction: (A) Arrest report(s); (B) Any charging document(s); (C) The final judgment of conviction; (D) Probation and parole records (if any); (E) Completion of court-ordered terms and conditions; and (F) A statement from the petitioner regarding the facts underlying the conviction, and any intervening circumstances. (3) If the records in (2)(c)(A)-(E) no longer exist, have been sealed, or are otherwise unavailable to a petitioner, then the petitioner may provide evidence from the agency that held the record as to why the record cannot be provided in lieu of the documents. (4) A petition is incomplete when it is missing one or more of the items required in subsection (2)-(3). An incomplete petition will expire 60 days from the date the petition form was submitted to the Board. Petitioners who allow their petition to expire must file a new complete petition to receive a predetermination. (5) Petitioners must disclose to the Board all previous criminal convictions. Failure to disclose includes any omission or misrepresentation of any material fact regarding a prior criminal conviction. (6) The Board will review a complete petition and make a predetermination that is not considered a final determination of the Board. (7) The Executive Director may make a predetermination on a petition under the same authority that the Board has delegated to the Executive Director to deny or approve applications. (8) The Board will reconsider its predetermination that a criminal conviction prevents a person from receiving a license if the petitioner subsequently submits a complete application for licensure to the Board. The Board may rescind a previous predetermination if the applicant: (a) Has allegations or charges pending in criminal court; (b) Failed to disclose a previous criminal conviction; (c) Has been convicted of another crime during the period between the predetermination and the applicant’s submission of a completed application to the Board; or (d) Has been convicted of a crime that, during the period between the predetermination and the applicant’s submission of a completed application to the Board, became subject to a change in state or federal law that prohibits licensure by the Board because of a conviction of that crime (9) Nothing in this rule prohibits the Board from denying licensure for a reason other than conviction of a crime. (10) The petition and the Board’s determination are subject to Oregon’s public records laws, and unless an exemption applies, the information in the petition and determination are subject to public disclosure. Statutory/Other Authority: ORS 675.010 - 675.150 & ORS 670.280(4) Statutes/Other Implemented: ORS 675.110 & ORS 670.280(4) History: OBP 1-2025, adopt filed 05/12/2025, effective 05/12/2025