justicedao/ipfs_state_laws huggingface dataset:
167-001-0630 Fragmentation A procurement may not be artificially divided or fragmented so as to constitute a small procurement, pursuant to ORS 279B.065, or an intermediate procurement, pursuant to 279B.070, in order to avoid competition. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.065(5)(a), 279A.070 & 279B.065 History: BSD 2-2005, f. & cert. ef. 6-15-05 BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05
167-001-0635 Agency and Provider Communications (1) Secretary staff are encouraged to freely conduct market research in support of a procurement. This research includes but is not limited to: meetings, industry presentations, and demonstrations with any providers that may be able to meet a need for an approved procurement. Secretary staff are encouraged to meet with providers whose products or services can meet the Secretary's needs and to document the items discussed during the market research phase of Solicitation development. The research phase shall end prior to a release of a solicitation or a request for quote, unless the solicitation provides for a different process that permits on-going research. (2) Any communication between Secretary and providers after the solicitation release or request for a quote must only be facilitated by the purchasing staff and within the context of the solicitation document requirements, which may allow for discussions, negotiations, and addenda. Secretary purchasing staff are encouraged to respond to written inquiries by addenda or letter in a timely manner. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.065(5)(a), 279A.070 & 279A.140 History: BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14 BSD 2-2005, f. & cert. ef. 6-15-05 BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05
167-050-0100 Statement of Purpose Purpose. These rules control the Secretary of State’s acquisition of information about a subject individual’s criminal history through criminal records checks and its use of that information to determine whether the subject individual is fit to provide services to the Secretary of State as an employee or contractor in a position covered by OAR 167-050-0120(2)(a)–(e). The fact that the Secretary of State approves a subject individual as fit does not guarantee the individual a position as a Secretary of State employee or contractor. Statutory/Other Authority: ORS 181.534 & ORS 177.075 Statutes/Other Implemented: ORS 181.534(9) History: BSD 1-2008, f. & cert. ef. 7-16-08
167-050-0110 Definitions As used in OAR chapter 167, division 050, unless the context of the rule requires otherwise, the following definitions apply: (1) "Approved" means that a criminal records check and any required fitness determination has been completed on a subject individual and the subject individual is eligible to be an employee or contractor in a position covered by OAR 167-050-0120(2)(a)–(e). (2) "Conviction" means that a court of law has entered a final judgment on a verdict or finding of guilt on a plea of guilty, or a plea of nolo contendere (no contest), or any determination of guilt, against a subject individual, unless that judgment has been reversed or dismissed by a subsequent court decision. (3) ”Criminal Offender Information” includes records and related data as to physical description and vital statistics, fingerprints received and compiled by the Oregon Department of State Police Bureau of Criminal Identification for purposes of identifying criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including sentencing, confinement, parole and release (4) "Criminal Records Check" or "CRC" means one of two processes undertaken to check the criminal history of a subject individual: (a) "Oregon Criminal Records Check" means obtaining and reviewing information from the Oregon State Police's Law Enforcement Data System (LEDS); or (b) "National Criminal Records Check" means a national check of criminal offender information conducted by the Oregon Department of State Police through the Federal Bureau of Investigation at the Secretary of State’s request. (5) "Denied" means that a criminal records check and subsequent fitness determination has been completed on a subject individual and the authorized designee has found the subject individual to be not eligible to be an employee or contractor in a position covered by OAR 167-050-0120(2)(a)–(e). (6) “False Statement” means that, in association with an activity governed by these rules, a subject individual either: (a) Provided the Secretary of State with materially false information about his or her criminal history, such as, but not limited to, materially false information about his or her identity or conviction record; or (b) Failed to provide to the Secretary of State information material to determining his or her criminal history. (7) “Fitness Determination” means a determination made by the Secretary of State pursuant to the process established in OAR 167-050-0150 (preliminary fitness determination) or 167-050-0170 (final fitness determination) that a subject individual is or is not fit to be a Secretary of State employee or contractor in a position covered by 167-050-0120(2)(a)–(e). (8) “Subject Individual” means an individual identified in OAR 167-050-0120. Statutory/Other Authority: ORS 181.534 & 177.075 Statutes/Other Implemented: ORS 181.534(9) History: BSD 1-2008, f. & cert. ef. 7-16-08
167-050-0120 Subject Individuals “Subject Individual” means a person who is required to complete a criminal records check pursuant to these rules and from whom the Secretary of State may require fingerprints for the purpose of conducting a criminal history check because the person: (1) Is employed by or applying for employment with the Secretary of State, or provides services or seeks to provide services to the Secretary of State as a contractor; and (2) Is, or will be, working or providing services in a position: (a) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems; (b) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations; (c) That has fiscal, payroll, or purchasing responsibilities as one of the position’s primary responsibilities; (d) In which the person has responsibility for conducting audits; or (e) In which the person has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, personal financial information or criminal background information. Statutory/Other Authority: ORS 181.534 & 177.075 Statutes/Other Implemented: ORS 181.534(9) History: BSD 1-2008, f. & cert. ef. 7-16-08
167-050-0130 Criminal Records Check Process (1) Disclosure of Information by Subject Individual. (a) Preliminary to a criminal records check, the Secretary of State may require a subject individual to complete and sign the Secretary of State’s Criminal Records Request form and, if requested by the Secretary of State, a fingerprint card. The Criminal Records Request form shall require the following information: name, birth date, Social Security Number, physical characteristics, driver’s license or identification card number, current address, and prior residences. The Secretary of State Criminal Records Request form may also require details concerning any circumstance listed in OAR 167-050-0170(2). (b) A subject individual shall complete and submit to the Secretary of State the Criminal Records Request form and, if requested, a fingerprint card, within five (5) business days of receiving the forms. (c) The Secretary of State shall not request a fingerprint card from a subject individual under the age of 18 years unless the subject individual is emancipated pursuant to ORS 419B.550 et seq., or unless the Secretary of State also requests the written consent of a parent or guardian. In such case, such parent or guardian and youth must be informed that they are not required to consent. Notwithstanding, failure to consent may be construed as a refusal to consent under OAR 167-050-0170(3)(d)(B). (d) A subject individual shall disclose additional information as requested by the Secretary of State in order to resolve any issue(s) hindering the completion of a criminal records check within five (5) business days of the request. (2) When Check is Required. The Secretary of State may conduct, or request that the Oregon Department of State Police conduct, a criminal records check when: (a) A person meets the definition of a subject individual; or (b) Required by federal or state laws or regulations, other rules adopted by the Secretary of State, or by contract or written agreement with the Secretary of State; (3) Which Criminal Records Check(s) Is Conducted. When the Secretary of State determines under subsection (2) of this rule that a criminal records check is needed, the Secretary of State may request or conduct an Oregon Criminal Records Check, or a Nationwide Criminal Records Check, or both. Statutory/Other Authority: ORS 181.534 & 177.075 Statutes/Other Implemented: ORS 181.534(9) History: BSD 1-2008, f. & cert. ef. 7-16-08
167-050-0140 Potentially Disqualifying Crimes (1) Crimes Relevant to a Fitness Determination. (a) All felonies; (b) All Class A misdemeanors; (c) Any United States Military or international crime that is equivalent to any crime listed in this section; (d) Any crime of attempt, solicitation, or conspiracy to commit a crime listed in this section (1) pursuant to ORS 161.405, 161.435, or 161.450; (e) Any crime based on criminal liability for conduct of another pursuant to ORS 161.555, when the underlying crime is listed in this subsection (1). (f) Any crime which, if convicted, would require the individual to register as a sex offender. (2) Evaluation Based on Oregon Laws. The Secretary of State shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which a criminal records check indicates a subject individual may have committed a crime, as those laws are in effect at the time of the fitness determination. (3) Expunged Juvenile Record. Under no circumstances shall a subject individual be denied under these rules because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 through 419A.262. Statutory/Other Authority: ORS 181.534 & 177.075 Statutes/Other Implemented: ORS 181.534(9) History: BSD 1-2008, f. & cert. ef. 7-16-08
167-050-0150 Preliminary Fitness Determination (1) The Secretary of State may conduct a preliminary fitness determination if the Secretary of State is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination. (2) If the Secretary of State elects to make a preliminary fitness determination about a subject individual, pending a final fitness determination, the Secretary of State shall make that determination of the basis of any information disclosed by the subject individual and on an Oregon Criminal Records Check. (3) The Secretary of State shall approve a subject individual as fit on a preliminary basis if the Secretary of State has no reason to believe that the subject individual has made a false statement and the information available to the Secretary of State does not disclose that the subject individual: (a) Has pled nolo contendere (or no contest) to, been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under OAR 167-050-0140; (b) Has been arrested for or charged with a crime listed under OAR 167-050-0140; (c) Is being investigated for, or has an outstanding warrant for a crime listed under OAR 167-050-0140; (d) Is currently on probation, parole, or any form of post-prison supervision for a crime listed under OAR 167-050-0140; (e) Has a deferred sentence or conditional discharge in connection with a crime listed under OAR 167-050-0140; (f) Has been adjudicated in a juvenile court and found to be within the court’s jurisdiction for an offense that would have constituted a crime listed in OAR 167-050-0140 if committed by an adult; or (g) Has made a false statement. (4) If the information available to the Secretary of State discloses one or more of the circumstances identified in subsection (3), the Secretary of State may nonetheless approve a subject individual as fit on a preliminary basis if the Secretary of State concludes, after evaluating all available information, that hiring or appointing the subject individual on a preliminary basis does not pose any risk of harm to the Secretary of State, its client entities, the State, or members of the public. (5) If a subject individual is either approved or denied on the basis of a preliminary fitness determination, the Secretary of State thereafter shall conduct a fitness determination under OAR 167-050-0170. Statutory/Other Authority: ORS 181.534 & 177.075 Statutes/Other Implemented: ORS 181.534(9) History: BSD 1-2008, f. & cert. ef. 7-16-08
167-050-0160 Hiring or Appointing on a Preliminary Basis (1) The Secretary of State may hire or appoint a subject individual on a preliminary basis if the Secretary of State has approved the subject individual on the basis of a preliminary fitness determination under OAR 167-050-0150. (2) A subject individual hired or appointed on a preliminary basis under this rule may participate in training, orientation, or work activities as assigned by the Secretary of State. (3) A subject individual hired or appointed on a preliminary basis is deemed to be on trial service and, if terminated before completion of a final fitness determination under OAR 167-050-0170, may not appeal the termination under the processes provided under 167-050-0190. (4) If a subject individual hired or appointed on a preliminary basis is denied upon completion of a final fitness determination, as provided under OAR 167-050-0170, then the Secretary of State shall immediately terminate the subject individual’s employment or appointment. Statutory/Other Authority: ORS 181.534 & 177.075 Statutes/Other Implemented: ORS 181.534(9) History: BSD 1-2008, f. & cert. ef. 7-16-08
167-050-0180 Incomplete Fitness Determination (1) The Secretary of State will close a preliminary or final fitness determination as incomplete when: (a) Circumstances change so that a person no longer meets the definition of a subject individual; (b) The subject individual does not respond within a stated period of time to a request from the Secretary of State for corrections to the application, fingerprints, any other information necessary to conduct a criminal records check under these rules, or any information described in OAR 167-050-0175; (c) The subject individual withdraws the application, leaves the position prior to completion of the check or cannot be located or contacted by the authorized designee; (d) The subject individual is determined to be ineligible for the position or is not chosen for the position for reasons other than the criminal records check; (e) The position is no longer open. (2) A subject individual does not have a right to a contested case hearing to challenge the closing of an incomplete fitness determination. Statutory/Other Authority: ORS 181.534 & 177.075 Statutes/Other Implemented: ORS 181.534(9) History: BSD 1-2008, f. & cert. ef. 7-16-08
167-050-0200 Representation at Hearing (1) Secretary of State Representation. Subject to the approval of the Attorney General, an officer or employee of the Secretary of State is authorized to appear on behalf of the Secretary of State in contested case hearings involving criminal background checks conducted pursuant to these rules. The Secretary of State retains the right to be represented by the Attorney General. (2) The agency representative may not make legal arguments on behalf of the Secretary of State. (a) “Legal argument” includes arguments on: (A) The jurisdiction of the Secretary of State to hear the contested case; (B) The constitutionality of a statute or rule or the application of a constitutional requirement to the agency; and (C) The application of court precedent to the facts of the particular contested case proceeding; (b) “Legal argument” does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on: (A) The application of the statutes or rules to the facts in the contested case; (B) Comparison of prior actions of the agency in handling similar situations; (C) The literal meaning of the statute or rules directly applicable to the issues in the contested case; (D) The admissibility of evidence; or (E) The correctness of procedures being followed in the contested case hearing. Statutory/Other Authority: ORS 183.452 Statutes/Other Implemented: ORS 181.534(9) & (11) History: BSD 1-2008, f. & cert. ef. 7-16-08
167-050-0210 Recordkeeping and Confidentiality (1)(a) Records the Secretary of State receives from the Oregon Department of State Police resulting from a criminal records check, including, but not limited to, 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). (b) Only those persons, as identified by the Secretary of State, with a demonstrated and legitimate need to know the information, may have access to criminal records check records. (2)(a) If a fingerprint-based criminal records check was conducted with regard to a subject individual, the Secretary of State shall permit that subject individual to inspect his or her own state and federal criminal offender information, unless prohibited by federal law. (b) If a subject individual with a right to inspect criminal offender information under subsection (2)(a) of this rule requests to do so, the Secretary of State shall provide the subject individual with a copy of the individual’s own state and federal criminal offender information, unless prohibited by federal law. (3) Other Records. (a) The Secretary of State shall treat all records received or created under these rules that concern the criminal history of a subject individual, other than records covered under section (1)(a) of this rule, including Secretary of State Criminal Records Request forms and fingerprint cards, as confidential pursuant to ORS 181.534(15). (b) A subject individual shall have access to records identified under subsections (3)(a) of this rule and pursuant to and only to the extent required by the terms of the Public Records Law. Statutory/Other Authority: ORS 181.534 Statutes/Other Implemented: ORS 181.534(9) History: BSD 1-2008, f. & cert. ef. 7-16-08
167-050-0220 Fees (1) The Secretary of State may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged the Secretary of State by the Oregon Department of State Police and the Federal Bureau of Investigation to obtain criminal offender information on the subject individual. (2) The Secretary of State may charge the fee to the subject individual on whom criminal offender information is sought, or, if the subject individual is an employee of a Secretary of State contractor and is undergoing a fitness determination in that capacity, the Secretary of State may charge the fee to the subject individual’s employer. Statutory/Other Authority: ORS 181.534 Statutes/Other Implemented: ORS 181.534 History: BSD 1-2008, f. & cert. ef. 7-16-08
167-055-0100 Recruitment Process (1) Applicants for a vacant and available position must complete and submit a Secretary of State application form within the designated time period. All documents requested as a part of the application must be attached and submitted with the completed application form. These may include, but are not limited to, resumes, writing samples, and references. (2) An applicant claiming veteran’s preference points must submit a copy of the Certificate of Release or Discharge from Active Duty (DD Form 214 or 215) with the employment application. Disabled Veterans must also submit a copy of their Veteran's disability preference letter from the Department of Veteran Affairs, unless the information is included in the DD Form 214 or 215. Statutory/Other Authority: ORS 177.050. Statutes/Other Implemented: ORS 177.050. History: BSD 2-2008, f. & cert. ef. 7-16-08
167-060-0100 Policy on Public Records It is the policy of the Secretary of State that public records will be available to all persons, consistent with all laws governing the disclosure of such records and consistent with the need to protect such records, to prevent interference with the regular discharge of duties and to recover fees reasonably calculated to reimburse the Agency for its actual cost in making such records available. Statutory/Other Authority: ORS 192.430 Statutes/Other Implemented: ORS 192.502 History: BSD 3-2008, f. & cert. ef. 7-16-08
167-060-0110 Requests for Disclosure (1) Any person may apply for release of public record information. (2) The request must be in writing, addressed to the Business Services Division Director, 255 Capitol Street NE, Salem, OR 97310 or faxed to (503) 378-4991, and must specify the record(s) from which information is requested, if known. Where applicable, the request must be accompanied by a signed release of information. (3) The request must include: (a) The name and address of the person requesting the public record; (b) The telephone number or other contact information for the person requesting the public record; and (c) A sufficiently detailed description of the record(s) requested to allow the agency to search for and identify responsive records. (4) The request should be dated and signed by the person requesting the public record. Statutory/Other Authority: ORS 192.430 Statutes/Other Implemented: ORS 192.502 History: BSD 3-2008, f. & cert. ef. 7-16-08
167-060-0120 Costs for Complying with Request (1)(a) The Secretary of State may charge a fee reasonably calculated to reimburse its costs of providing and conveying copies of public records. The agency shall charge 25¢ per page for the first 20 pages and 15¢ per page thereafter to recover the costs of photocopying and normal and reasonable staff time to locate, separate, photocopy and return document(s) to file and to prepare/mail public record(s) to requestors. If, for operational or other reasons, the Secretary of State uses the services of an outside facility or contractor to photocopy requested records, it shall charge the actual costs incurred. (b) “Normal and reasonable” staff time is 10 minutes or less per request. (2) Additional charges for staff time may be made when responding to record requests that require more than the “normal and reasonable” time for responding to routine record requests. Staff time shall be charged at the hourly billing rate, by position. (3) In addition to any costs identified under subsections (1) and (2), the Secretary of State may also recoup the cost of time spent by an attorney in reviewing the public records, redacting material from the public records, or segregating the public records into exempt and nonexempt records. (4) No inspection and/or duplication of record(s) is authorized until payment has been received. Statutory/Other Authority: ORS 192 Statutes/Other Implemented: ORS 192.430 & 192.440 History: BSD 3-2008, f. & cert. ef. 7-16-08