259-013-0005 Definitions As used in OAR chapter 259, division 013, unless the context of the rule requires otherwise, the following definitions apply: (1) “Approved” means that a criminal records check has been completed on an individual and the Department has not identified any criminal record that would make the individual ineligible for licensure or certification. (2) "Authorized Designee" means a person who is authorized by the Department to receive, review and process criminal history information. (3) “Conviction” means that a person was convicted in a court of law. Entering a plea of “guilty” or “no contest” is also considered a conviction for the purpose of these rules unless a subsequent court decision has dismissed the charges. An expunged juvenile or adult record may be considered a conviction under these rules for purposes of eligibility for licensure or certification. (4) Criminal History Information” means criminal justice records, fingerprints, court records, sexual offender registration records, warrants, DMV information, information provided on a Department form, and any other information obtained by or provided to the Department. “Criminal history information” may include violations or infractions for purposes of eligibility for licensure or certification. (5) “Criminal Records Check” means the Oregon Criminal Records Check and, when required, a National Criminal Records Check or a State-Specific Criminal Records Check, and the processes and procedures required by these rules. (6) “Denied” means a criminal records check has been completed on an individual and the individual is ineligible to obtain licensure or certification. (7) “Department" means the Oregon Department of Public Safety Standards and Training. (8) "National Criminal Records Check" means obtaining and reviewing criminal records nationwide or from states or jurisdictions other than Oregon. This information may be obtained from the Federal Bureau of Investigation through the use of fingerprint cards and from other criminal information resources. (9) "Oregon Criminal Records Check" means obtaining and reviewing information from the Oregon State Police's Law Enforcement Data System (LEDS). The Oregon Criminal Records Check may also include, but is not limited to: Oregon Justice Information Network (OJIN), Oregon Department of Corrections records, Motor Vehicles Division, local or regional criminal records information systems, or other official law enforcement agency or court records in Oregon. (10) "Potentially Disqualifying Crime" means a crime listed or described in OAR 259-013-0260. (11) "Records Information" includes criminal justice records, fingerprints, court records, sexual offender registration records, warrants, arrests, DMV information, information provided on the Department's criminal records check forms, and any other information obtained by or provided to the Department for the purpose of conducting a fitness determination. (12) "State-Specific Criminal Records Check" means obtaining and reviewing information from law enforcement agencies, courts or other criminal records information resources located in a state or jurisdiction outside Oregon. (13) “Subject individual” means a person for whom a criminal records check is required pursuant to these rules. Statutory/Other Authority: ORS 181A.195 & ORS 181A.400 Statutes/Other Implemented: ORS 181A.400 History: DPSST 18-2018, minor correction filed 02/13/2018, effective 02/13/2018 DPSST 17-2008, f. & cert. ef. 10-15-08