justicedao/ipfs_state_laws huggingface dataset:
635-600-0015 Criminal History Check Process (1) Disclosure of Information by Subject Individual. (a) Preliminary to a criminal history check, a subject individual shall complete an ODFW Criminal History Request form and, if requested by the Department, a fingerprint capture. The Criminal History Request form may include, but not limited to: legal name and aliases, date of birth, Social Security Number, driver license or identification card number, address, and residency information, disclosure of criminal history (all arrests, charges, convictions and offenses), and any other information deemed necessary by the Department. The ODFW Criminal History Request form may also require details concerning any circumstance listed in OAR 635-600-0030 . (b) A subject individual shall complete and submit to the Department the ODFW Criminal History Request form and, if requested, a fingerprint capture within three business days of receiving the forms. The Department may extend the deadline for good cause. (c) The Department shall not request a fingerprint capture 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 Department 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 . (d) The Department may require additional information from the subject individual as necessary to complete the criminal history check and fitness determination, such as, but not limited to, proof of identity; or additional criminal, judicial, or other background information. Within a reasonable period of time as established by the Department, a subject individual shall disclose additional information as requested by the Department. (2) When a Criminal History Check is Conducted. The Department may conduct, or request that the Oregon Department of State Police conduct, a criminal history check when: (a) An individual meets the definition of “ subject individual ”; or (b) Required by federal law or regulation, by state law or administrative rule, or by contract or written agreement with the Department. (3) Which Criminal History Check(s) Is Conducted. When the Department determines under subsection (2) of this rule that a criminal history check is needed, the Department may request or conduct a LEDS Criminal History Check, an Oregon Criminal History Check, a Nationwide Criminal History Check, or any combination thereof. Statutory/Other Authority: ORS 181A.195 & ORS 496.121 Statutes/Other Implemented: ORS 496.121 & ORS 181A.195 History: DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018 DFW 40-2008, f. & cert. ef. 4-24-08
635-600-0020 Preliminary Fitness Determination (1) The Department may conduct a preliminary fitness determination if the Department is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination. (2) If the Department elects to make a preliminary fitness determination about a subject individual, pending a final fitness determination, the Department shall make a preliminary fitness determination about a subject individual based on information disclosed by the subject individual under OAR 635-600-0015(1) and a LEDS Criminal History Check. (3) The Department shall approve a subject individual as fit on a preliminary basis if the authorized designee has no reason to believe [ that ] the subject individual has made a false statement and the information available to the Department 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 635-600-0035; (b) Is being investigated for, has an outstanding warrant for, or has been charged with a crime listed under OAR 635-600-0035; (c) Is currently on probation, parole, or any form of post-prison supervision for a crime listed under OAR 635-600-0035; (d) Has a deferred sentence or conditional discharge in connection with a crime listed under OAR 635-600-0035; or (e) 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 635-600-0035 if committed by an adult. (4) If the information available to the Department discloses one or more of the circumstances identified in section (3), the Department may approve a subject individual on a preliminary basis if the Department concludes, after evaluating all available information and considering the factors in OAR 635-600-0030(1), that hiring or appointing the subject individual on a preliminary basis does not pose any risk of harm to the Department, 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 Department shall conduct a final fitness determination under OAR 635-600-0030. (6) A subject individual may not appeal a preliminary fitness determination. Statutory/Other Authority: ORS 181A.195 & ORS 496.121 Statutes/Other Implemented: ORS 181A.195 & ORS 496.121 History: DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018 DFW 40-2008, f. & cert. ef. 4-24-08
635-600-0025 Hiring or Appointing on a Preliminary Basis (1) The Department may hire or appoint a subject individual on a preliminary basis if the Department has approved the subject individual on the basis of a preliminary fitness determination under OAR 635-600-0020. (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 Department. (3) A subject individual hired or appointed on a preliminary basis is deemed to be on trial service and, if terminated prior to completion of a final fitness determination under OAR 635-600-0030, may not appeal the termination under the process provided under OAR 635-600-0050. (4) If a subject individual hired or appointed on a preliminary basis is denied upon completion of a final fitness determination, then the Department shall immediately terminate the subject individual's employment or appointment. Statutory/Other Authority: ORS 181A.195 & ORS 496.121 Statutes/Other Implemented: ORS 181A.195 & ORS 496.121 History: DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018 DFW 40-2008, f. & cert. ef. 4-24-08
635-600-0035 Crimes Relevant to a Fitness Determination (1) A conviction of any of the following crimes or offenses is potentially disqualifying, unless otherwise provided by law. (a) All felonies . (b) All misdemeanors . (c) Any U.S. military crime or international crime . (2) The Department shall evaluate a crime or offense on the basis of the laws of the jurisdiction in which the crime or offense occurred. (3) The following are examples of crimes likely to result in denial unless there are significant mitigating circumstances; (a) ORS 163.095, Aggravated murder; (b) ORS 163.115, Murder; (c) ORS 163.375, Rape I; (d) ORS 163.405, Sodomy I; (e) ORS 163.411, Unlawful sexual penetration I; (f) ORS 163.427, Sexual abuse I. (4) Under no circumstances shall a subject individual be denied under these rules because of a juvenile record that has been expunged or set aside pursuant to ORS 419A.260 to 419A.262. (5) Under no circumstances shall a subject individual be denied under these rules due to the existence or contents of an adult record that has been set aside pursuant to ORS 137.225. (6) Examples of other criminal offender information that may be potentially disqualifying may include; (a) Sex offender registration, (b) Conditions of parole, probation, or diversion program, or (c) Unresolved arrest, charge, pending indictment or outstanding warrant Statutory/Other Authority: ORS 181A.195 & ORS 496.121 Statutes/Other Implemented: ORS 181A.195 & ORS 496.121 History: DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018 DFW 40-2008, f. & cert. ef. 4-24-08
635-600-0055 Recordkeeping and Confidentiality (1) Criminal Offender information obtained in the criminal history check is confidential. The Department must restrict the dissemination of information obtained in the criminal history check. Only those persons, as identified by the Department, with a demonstrated and legitimate need to know the information, may have access to the criminal history check records. (2) If a fingerprint-based criminal history check was conducted with regard to a subject individual, the Department shall permit that subject individual to inspect his or her own state and federal criminal offender information, unless prohibited by state or federal law and only the extent required by the terms of the Public Records law. (3) Sharing information. Final fitness determination results may be shared with other authorized agencies that have already made a fitness determination for the subject individual once they have received a request pursuant to ORS 181A.195(10)(c)(A). Statutory/Other Authority: ORS 181A.195 & ORS 496.121 Statutes/Other Implemented: ORS 181A.195 & ORS 496.121 History: DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018 DFW 40-2008, f. & cert. ef. 4-24-08
635-600-0065 Fees (1) The Department may charge a fee, not to exceed the actual cost to the Department, for acquiring and furnishing criminal offender information for use in making a fitness determination. (2) The Department 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 Department contractor and is undergoing a fitness determination in that capacity, the Department may charge the fee to the subject individual's employer. Statutory/Other Authority: ORS 181A.195 & ORS 496.121 Statutes/Other Implemented: ORS 181A.195 & ORS 496.121 History: DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018 DFW 40-2008, f. & cert. ef. 4-24-08
635-800-0050 Memorandum of Agreement with the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians (1) Members of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians are authorized to take species over which the Oregon Fish and Wildlife Commission has management authority under the terms and conditions of the Memorandum of Agreement between the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians and the State of Oregon, by and through the Department of Fish and Wildlife (Department) and within the geographic scope of that Agreement, entered into by both parties in 2023, incorporated herein by reference. (2) The Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians and the Department will coordinate the use of their respective authorities, expertise and influence as regulatory or voluntary opportunities are presented to protect, enhance and restore fish and wildlife habitat under the terms and conditions of the above referenced Memorandum of Agreement and within the geographic scope of that Agreement. (3) No additional tribal legal or treaty entitlement is created, conveyed, implied or diminished, nor is any existing agreement, treaty or court decree modified by the adoption of these rules or the above referenced Memorandum of Agreement. (4) Nothing in the above referenced Memorandum of Agreement shall be construed as: (a) affirming, recognizing or limiting the rights or claims of any other tribe within the geographic scope of that Agreement; (b) limiting the Department from entering into separate agreements with other tribes addressing the authority to take species within the geographic scope of that Agreement; or (c) establishing, expanding, adjudicating, waiving, limiting or otherwise affecting the ancestral, aboriginal, treaty, statutory, equitable, or other rights of the Tribe . [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 190.110, 496.138, 496.012, 496.162 & 496.146 Statutes/Other Implemented: 496.138, 496.012, 496.162, 496.146 & 506.109 History: DFW 109-2023, adopt filed 10/13/2023, effective 10/13/2023
635-800-0100 Memorandum of Agreement with the Coquille Indian Tribe (1) Members of the Coquille Indian Tribe are authorized to take species over which the Oregon Fish and Wildlife Commission has management authority under the terms and conditions of the Memorandum of Agreement between the Coquille Indian Tribe and the State of Oregon, by and through the Department of Fish and Wildlife (Department) and within the geographic scope of that Agreement, entered into by both parties in 2022, incorporated herein by reference. (2) The Coquille Indian Tribe and the Department will coordinate the use of their respective authorities, expertise and influence as regulatory or voluntary opportunities are presented to protect, enhance and restore fish and wildlife habitat under the terms and conditions of the above referenced Memorandum of Agreement and within the geographic scope of that Agreement. (3) No additional tribal legal or treaty entitlement is created, conveyed, implied or diminished, nor is any existing agreement, treaty or court decree modified by the adoption of these rules or the above referenced Memorandum of Agreement. (4) Nothing in the above referenced Memorandum of Agreement shall be construed as: (a) affirming, recognizing or limiting the rights or claims of any other tribe within the geographic scope of that Agreement; (b) limiting the Department from entering into separate agreements with other tribes addressing the authority to take species within the geographic scope of that Agreement; or (c) establishing, expanding, adjudicating, waiving, limiting or otherwise affecting the ancestral, aboriginal, treat, statutory, equitable, or other rights of the Tribe. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 190.110, 496.138, 496.146 & 496.162 Statutes/Other Implemented: 496.146, 496.162, 496.012 & 506.109 History: DFW 87-2022, adopt filed 07/12/2022, effective 07/12/2022
635-800-0110 Memorandum of Agreement with the Cow Creek Band of Umpqua Tribe of Indians (1) Members of the Cow Creek Band of Umpqua Tribe of Indians are authorized to take species over which the Oregon Fish and Wildlife Commission has management authority under the terms and conditions of the Memorandum of Agreement between the Cow Creek Band of Umpqua Tribe of Indians and the State of Oregon, by and through the Department of Fish and Wildlife (Department) and within the geographic scope of that Agreement, entered into by both parties in 2022, incorporated herein by reference. (2) The Cow Creek Band of Umpqua Tribe of Indians and the Department will coordinate the use of their respective authorities, expertise and influence as regulatory or voluntary opportunities are presented to protect, enhance and restore fish and wildlife habitat under the terms and conditions of the above referenced Memorandum of Agreement and within the geographic scope of that Agreement. (3) No additional tribal legal or treaty entitlement is created, conveyed, implied or diminished, nor is any existing agreement, treaty or court decree modified by the adoption of these rules or the above referenced Memorandum of Agreement. (4) Nothing in the above referenced Memorandum of Agreement shall be construed as: (a) affirming, recognizing or limiting the rights or claims of any other tribe within the geographic scope of that Agreement; (b) limiting the Department from entering into separate agreements with other tribes addressing the authority to take species within the geographic scope of that Agreement; or (c) establishing, expanding, adjudicating, waiving, limiting or otherwise affecting the ancestral, aboriginal, treaty, statutory, equitable, or other rights of the Tribe. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: 190.110, 496.138, 496.146 & 496.162 Statutes/Other Implemented: 496.138, 496.146, 496.162 & 496.012 History: DFW 12-2023, adopt filed 02/13/2023, effective 02/13/2023
635-800-0300 Memorandum of Agreement for Off-Reservation and Non-Trust Land Hunting, Fishing, Trapping, and Gathering with the Confederated Tribes of the Grand Ronde Community of Oregon (1) Members of the Confederated Tribes of the Grand Ronde Community of Oregon (Grand Ronde) are authorized to take species over which the Oregon Fish and Wildlife Commission has management authority on off-reservation and non-trust lands under the terms and conditions of the Memorandum of Agreement between the Grand Ronde and the State of Oregon, by and through the Department of Fish and Wildlife (Department), and within the geographic scope of that Agreement, entered into by both parties in 2023, incorporated herein by reference. (2) The Grand Ronde and the Department will coordinate the use of their respective authorities, expertise and influence as regulatory or voluntary opportunities are presented to protect, enhance and restore fish and wildlife habitat under the terms and conditions of the above referenced Memorandum of Agreement and within the geographic scope of that Agreement. (3) No additional tribal legal or treaty entitlement is created, conveyed, implied or diminished, nor is any existing agreement, treaty or court decree modified by the adoption of these rules or the above referenced Memorandum of Agreement. (4) Nothing in the above referenced Memorandum of Agreement shall be construed as: (a) affirming, recognizing or limiting the rights or claims of any other tribe within the geographic scope of that Agreement; (b) limiting the Department from entering into separate agreements with other tribes addressing the authority to take species within the geographic scope of that Agreement; or (c) establishing, expanding, adjudicating, waiving, limiting or otherwise affecting the ancestral, aboriginal, treaty, statutory, equitable, or other rights of the Tribe. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 190.110, 496.138, 496.146 & 496.162 Statutes/Other Implemented: 496.138, 496.012, 496.146, 496.162 & 506.109 History: DFW 103-2023, adopt filed 09/28/2023, effective 09/28/2023
635-800-0500 Memorandum of Agreement with the Confederated Tribes of Siletz Indians (1) Members of the Confederated Tribes of Siletz Indians are authorized to take species over which the Oregon Fish and Wildlife Commission has management authority under the terms and conditions of the Memorandum of Agreement between the Confederated Tribes of Siletz Indians and the State of Oregon, by and through the Department of Fish and Wildlife (Department), (the "Siletz-ODFW 2023 Agreement"), and within the geographic scope of that Agreement, entered into by both parties in 2023, incorporated herein by reference. (2) The Siletz Indian Tribe and the Department will coordinate the use of their respective authorities, expertise and influence as regulatory or voluntary opportunities are presented to protect, enhance and restore fish and wildlife habitat under the terms and conditions of the Siletz-ODFW 2023 Agreement and within the geographic scope of that Agreement. (3) No additional tribal legal or treaty entitlement is created, conveyed, implied or diminished, nor is any existing agreement, treaty or court decree modified by the adoption of these rules or the Siletz-ODFW 2023 Agreement. (4) Nothing in the Siletz-ODFW 2023 Agreement shall be construed as: (a) affirming, recognizing or limiting the rights or claims of any other tribe within the geographic scope of that Agreement; (b) limiting the Department from entering into separate agreements with other tribes addressing the authority to take species within the geographic scope of that Agreement; or (c) establishing, expanding, adjudicating, waiving, limiting or otherwise affecting the ancestral, aboriginal, treaty, statutory, equitable, or other rights of the Tribe . (5) The parties to the Siletz-ODFW 2023 Agreement intend for that Agreement to describe the Confederated Tribes of Siletz Indians’ hunting, fishing, trapping and animal gathering opportunities in Oregon, and for the Siletz-ODFW 2023 Agreement to be a voluntary successor the “Agreement Among the State of Oregon, the United States of America and the Confederated Tribes of the Siletz Indians of Oregon to Permanently Define Tribal Hunting, Fishing, Trapping, and Gathering Rights of the Siletz Tribe and its Members” entered into by the United States on April 22, 1980. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 190.110, 496.138, 496.162 & 496.146 Statutes/Other Implemented: 496.138, 496.012, 496.162, 496.146 & 506.109 History: DFW 39-2025, amend filed 05/22/2025, effective 05/22/2025 DFW 62-2023, adopt filed 07/07/2023, effective 07/07/2023
635-800-0700 Warm Springs Hunting Agreement (1) Tribal members of the Confederated Tribes of the Warm Springs Reservation are authorized to take wildlife under the terms and conditions in the Memorandum of Agreement Between the Confederated Tribes of the Warm Springs Reservation and the State of Oregon Regarding Off-reservation Hunting Subject to the 1855 Treaty with the Tribes of Middle Oregon, entered into by both parties in 2018, incorporated herein by reference. (2) No additional tribal legal or treaty entitlement is created, conveyed or implied, nor is any existing agreement, treaty or court decree modified by the adoption of these rules or the above referenced Memorandum of Agreement. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 496.138, 496.162 & 496.146 Statutes/Other Implemented: ORS 496.138, 496.162 & 496.146 History: DFW 15-2023, renumbered from 635-043-0140, filed 02/23/2023, effective 02/23/2023 DFW 184-2018, amend filed 12/14/2018, effective 12/14/2018 DFW 90-2018, adopt filed 07/11/2018, effective 07/11/2018
635-900-0001 Purpose of the Climate and Ocean Change Policy (1) The Earth’s climate and oceans are changing. The Fish and Wildlife Commission concurs with the Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change that t he current warming trend is of particular significance because most of it is extremely likely (greater than 95 percent probability) to be the result of human activity since the mid-20th century and proceeding at a rate that is unprecedented over decades to millennia. (2) Oregon is already experiencing changes that are consistent with changes observed and projected globally, such as increased average air and water temperatures, disrupted precipitation patterns, and increased ocean acidification and hypoxia. The purpose of this policy is to ensure that the Department prepares for and responds appropriately to the impacts of a changing climate and ocean on fish, wildlife, their habitats, and their use and enjoyment by current and future Oregonians. Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138 Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109 History: DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020