justicedao/ipfs_state_laws huggingface dataset:
575-001-0030 Licensing, Suspension, and Renewal Requirements (1) A State of Oregon licensing board, agency, or commission that is authorized by statute shall refuse to renew or may suspend a certificate, license, or registration of a person, or place the person on probation, if the person is in default in repayment of any student loan guaranteed or insured by the Higher Education Coordinating Commission and is not paying in a satisfactory manner as defined by federal regulation. (2) The Higher Education Coordinating Commission shall identify which entities it is feasible to enter into an agreement with, to design and implement a process for conducting database matches and notification procedures. (3) The Higher Education Coordinating Commission shall notify the defaulted loan borrower in writing that failure to pay satisfactorily may result in a refusal to issue or renew, a suspension or a placement on probation on any license, certificate or registration. The notice shall provide the defaulted student loan borrower with an administrative process to challenge the default status of any loan and an opportunity to object to the collection of the debt according to 34 CFR 30.20 to 30.33 and 34 CFR 682.410. (4) The Higher Education Coordinating Commission shall inform defaulted borrowers and participating boards, agencies and commissions as outlined in ORS 348.397 - 348.399. Statutory/Other Authority: ORS 183.325, 690.005 - 690.235 & 348 Statutes/Other Implemented: HB 2337 & 1995 Legislative Assembly History: OSAC 1-2015, f. & cert. ef. 12-18-15 OSAC 1-1999, f. & cert. ef. 12-8-99 SSC 2-1996, f. & cert. ef. 6-7-96 SSC 2-1994, f. & cert. ef. 1-25-94
575-001-0035 Appointment and Authority of Executive Director The Executive Director of the Higher Education Coordinating Commission shall appoint a qualified person to hold the position of Executive Director of the Office of Student Access and Completion. The Executive Director shall have the authority to direct all activities of the agency including, but not limited to, developing the agency's biennial and interim budget requests, overseeing all management functions of the agency such as authorizing expenditures and fees, employing and dismissing staff, entering into contracts and any other activity necessary to direct the functions of the agency on a daily basis. Statutory/Other Authority: ORS 183 & 348 Statutes/Other Implemented: ORS 183 & 348 History: OSAC 1-2015, f. & cert. ef. 12-18-15 OSAC 1-1999, f. & cert. ef. 12-8-99
575-007-0200 Statement of Purpose and Statutory Authority (1) Purpose. The purpose of these rules is to provide for the reasonable screening of subject individuals in order to determine if they have a history of criminal behavior such that they are not fit to work or volunteer in positions covered by OAR 575-007-0220(2)(a)–(g). (2) Authority. These rules are authorized under ORS 348, Chapter 730 (2005 Laws), H.B. 2157 (2005 Laws) (3) When Rules Apply. These rules are to be applied when obtaining the criminal history of a subject individual and conducting fitness determinations based upon such history. The fact that a subject individual is approved does not guarantee employment or placement. Statutory/Other Authority: ORS 348; Ch. 730 2005 OL & HB. 2157 2005 OL Statutes/Other Implemented: Ch. 730 2005 OL History: OSAC 4-2006, f. & cert. ef. 11-1-06
575-007-0220 Subject Individuals (1) As used in OAR 575-007, “Subject Individual” means a person from whom the Commission may require fingerprints for the purpose of conducting a state or nationwide criminal records check. (2) The Commission may require the fingerprints of a person who is employed by or applying for employment with the Commission or provides services or seeks to provide services to the Commission as a contractor or volunteer and is, or will be, working or providing services in a position in which: (a) The person has direct access to facilities where students reside or to persons under 18 years of age, elderly persons or persons with disabilities; (b) 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; (c) 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. Such information may include Social Security numbers, driver license numbers, medical information, personal financial information or criminal history information; (d) The person has payroll functions; (e) The person has responsibility for receiving, receipting or depositing money or negotiable instruments; (f) The person has responsibility for billing, collections or other financial transactions; (g) The person has responsibility for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state. Statutory/Other Authority: ORS 348; Ch. 730 2005 OL & HB. 2157 2005 OL Statutes/Other Implemented: Ch. 730 2005 OL History: OSAC 4-2006, f. & cert. ef. 11-1-06
575-007-0230 Criminal Records Check Required (1) Who Conducts Check. (a) The Commission may request that the Department of State Police conduct a criminal records check on a subject individual. If a nationwide criminal records check of a subject individual is necessary, the Commission may request that the Department of State Police conduct the check, including fingerprint identification, through the Federal Bureau of Investigation. (b) The Commission may conduct criminal records checks on subject individuals through the Law Enforcement Data System maintained by the Department of State Police in accordance with rules adopted, and procedures established, by the Department of State Police. (2) When Check is Required (New Checks and Re-checks). A subject individual is required to have a check in the following circumstances: (a) The person becomes a subject individual on or after the effective date of these rules; (b) The individual, subject or not, changes positions and the new position requires a criminal records check, for example, through promotion, transfer, demotion, restoration, bumping and recall; (c) A criminal records check is required by federal or state laws or regulations, other rules adopted by the Commission, or by contract or written agreement with the Commission; (d) The Commission has reason, such as any indication of possible criminal behavior, to believe that a check is justified; (e) After July 1, 2006, is a subject individual who is a contractor or who provides services as a volunteer. (3) When Check is Not Required. When the subject individual changes positions, a check is not required only under the following: (a) The authorized designee determines that the new position requires the same or less responsibility for functions covered by OAR 575-007-0220(2)(a)–(g); or (b) There are no known new potentially disqualifying crimes, arrests, or conditions. Statutory/Other Authority: ORS 348; Ch. 730 2005 OL & HB. 2157 2005 OL Statutes/Other Implemented: Ch. 730 2005 OL History: OSAC 4-2006, f. & cert. ef. 11-1-06
575-007-0250 Oregon Criminal Records Check Process (1) Forms Required. The OSAC Criminal Records Request form must be filled out and signed by the applicant/employee. This form indicates what identifying and other information is required from the subject individual to begin the CRC. All information provided by the employee/applicant must be truthful, accurate and current. (2) Processing. (a) The Commission obtains criminal records information from the Oregon State Police Law Enforcement Data System and from other sources of criminal, judicial and motor vehicle information. (b) Only an authorized designee, may perform the following duties: (A) Receive and evaluate Oregon criminal records information from the Oregon State Police as allowed by applicable statutes, or (B) Conduct fitness determinations. (c) The Commission or the authorized designee may require that a subject individual obtain and provide additional criminal, judicial or other background information. (d) Criminal records information obtained from the Law Enforcement Data System must be handled in accordance with applicable Oregon State Police requirements in ORS chapter 181 and OAR chapter 257, division 15. (3) Additional Information Required. In order to conduct an Oregon check and fitness determination, the Commission may require additional information from the subject individual as necessary, such as but not limited to proof of identity, residential history, names used while living at each residence, or additional criminal, judicial, or other background information. Statutory/Other Authority: ORS 348; Ch. 730 2005 OL & HB. 2157 2005 OL Statutes/Other Implemented: Ch. 730 2005 OL History: OSAC 4-2006, f. & cert. ef. 11-1-06
575-007-0260 State-Specific Criminal Records Check Process (1) State-Specific Check. Notwithstanding the provisions of OAR 575-007-0270, the Commission may conduct a state-specific criminal records check in lieu of a national check when the Commission has reason to believe that out-of-state history may exist and that a nationwide criminal records check is not warranted. (2) Supplement to National Check. The Commission may conduct a state-specific check in addition to a national check in order to clarify incomplete or conflicting information. (3) Additional Information Required. In order to conduct a state-specific check and complete a fitness determination, the Commission or the authorized designee may require additional information from the subject individual as necessary, such as but not limited to proof of identity, residential history, names used while living at each residence, or additional criminal, judicial, or other background information. Statutory/Other Authority: ORS 348; Ch. 730 2005 OL & HB. 2157 2005 OL Statutes/Other Implemented: Ch. 730 2005 OL History: OSAC 4-2006, f. & cert. ef. 11-1-06
575-007-0270 National Criminal Records Check Process (1) National Criminal Records Check. In addition to an Oregon check (OAR 575-007-0250), a national criminal records check will be required by the Commission under any of the following circumstances: (a) Out-of-State Residency. The subject individual has lived outside Oregon for 60 or more consecutive days during the previous five (5) years. (b) Out-of-State Residency for Postsecondary Students. During the previous five (5) years, the subject individual has lived outside Oregon for 90 or more consecutive days or for more than one academic term or semester as part of a study-abroad program, an academic exchange, extended research project, or a similar program or activity. (c) Criminal History Outside Oregon. The LEDS check, or any other information obtained by the Commission, indicates there may be criminal history outside of Oregon, or the subject individual self-discloses criminal history outside of Oregon. (d) Identity or History Questioned. The social security number appears not to be valid or is not provided to the Commission on the OSAC Criminal Records Request form, the subject individual has no Oregon driver's license or Oregon identification card, or the Commission has other reason to question the identity or history of the subject individual. (e) Required by Other Laws or Regulations. A check is required by federal or state laws or regulations, other rules adopted by the Commission, or by contract or written agreement with the Commission. (2) Additionally, a national criminal records check on a subject individual may be required by the Commission if based on the nature of the position or other relevant factors the Authorized Designee deems it necessary. (3) Fingerprinting a Juvenile. Consent of the parent or guardian is required to obtain fingerprints from a child under the age of 18 years. (4) Processing. The subject individual must complete and submit a fingerprint card when requested by the Commission. (a) Fingerprint Cards. The subject individual must complete and return a fingerprint card (example: FBI Form FD 258) provided by the Commission. (b) Time Frame for Return. The card must be completed and returned within 7 days of the request to the contact person to avoid closure of application pursuant to OAR 575-007-0320(5)(d). (c) Extension. The Commission may extend the time allowed for return of the fingerprint card for good cause. (5) Additional Information Required. In order to conduct a national check and complete a fitness determination, the Commission or the authorized designee may require additional information from the subject individual as necessary, such as but not limited to proof of identity, residential history, names used while living at each residence, or additional criminal, judicial, or other background information. Statutory/Other Authority: ORS 348; Ch. 730 2005 OL & HB. 2157 2005 OL Statutes/Other Implemented: Ch. 730 2005 OL History: OSAC 4-2006, f. & cert. ef. 11-1-06
575-007-0275 Imminent Danger (1) If the Commission determines there is an indication of criminal behavior that could pose a potential immediate threat to safety or security while performing the functions covered by OAR 575-007-0220(2)(a)–(g), the Commission may authorize a new criminal records check without the completion of a new OSAC Criminal Records Request form. (2) If the Commission determines that a fitness determination based on the new criminal records check may be adverse to the subject individual, the Commission will provide the subject individual the opportunity to disclose criminal history and other information as indicated in OAR 575-007-0300 before completing the fitness determination. Statutory/Other Authority: ORS 348; Ch. 730 2005 OL & HB. 2157 2005 OL Statutes/Other Implemented: Ch. 730 2005 OL History: OSAC 4-2006, f. & cert. ef. 11-1-06
575-007-0290 Other Potentially Disqualifying Conditions The following are potentially disqualifying conditions: (1) False Statement. A "false statement" by the subject individual to the authorized designee or agency, including provision of materially false information, false information regarding criminal history, or failure to disclose information regarding criminal history. (2) Sex Offender. The subject individual is a registered sex offender in Oregon or any other jurisdiction. (3) Warrants. An outstanding warrant against the subject individual for any crime in any jurisdiction. (4) Deferred Sentence, Diversion Program, Parole or Probation. The subject individual has a deferred sentence, conditional discharge, is participating in a diversion program, or has not completed a required diversion program or any condition of post-prison supervision, parole or probation, for any potentially disqualifying crime listed in OAR 575-007-0280. (5) Parole or Probation Violation. A post-prison supervision, parole or probation violation during the previous five years for any potentially disqualifying crime listed in OAR 575-007-0280. (6) Unresolved Arrests, Charges or Indictments. An unresolved arrest, charge, or a pending indictment, for a potentially disqualifying crime. (Example: An unresolved arrest for a ten-year review crime during the previous ten years). (7) Adjudication. Adjudication in a juvenile court, finding that the subject individual was responsible for a potentially disqualifying crime. Consideration of the adjudication of a potentially disqualifying crime will follow the review periods for crimes listed in OAR 575-007-0280. (8) Guilty Except for Insanity. A finding of “guilty except for insanity”, “guilty except by reason of insanity”, “not guilty by reason of insanity” or similarly worded disposition regarding a potentially disqualifying crime listed in OAR 575-007-0280. Consideration of the guilty except for insanity finding of a potentially disqualifying crime will follow the review periods for crimes listed in OAR 575-007-0280. Statutory/Other Authority: ORS 348; Ch. 730 2005 OL & HB. 2157 2005 OL Statutes/Other Implemented: Ch. 730 2005 OL History: OSAC 4-2006, f. & cert. ef. 11-1-06
575-007-0350 Immunity from Liability The Commission and its authorized designee have immunity from any civil liability that might otherwise be incurred or imposed for determining, in accordance with Chapter 730 (2005 Laws) that a subject individual is fit or not fit to hold a position, provide services, or be employed. The Commission or its employee acting within the course and scope of employment who in good faith complies with Chapter 730 (2005 Laws) is not liable for employment-related decisions based on the fitness determination. No Department, or an employee of the state, the Commission, a business or an organization acting within the course and scope of employment, is liable for defamation, invasion of privacy, negligence or any other civil claim in connection with the lawful dissemination of information lawfully obtained under Chapter 730 (2005 Laws). Statutory/Other Authority: ORS 348; Ch. 730 2005 OL & HB. 2157 2005 OL Statutes/Other Implemented: Ch. 730 2005 OL History: OSAC 4-2006, f. & cert. ef. 11-1-06
575-007-0380 Fees Fees may not exceed the actual cost of acquiring and furnishing criminal offender information. Statutory/Other Authority: ORS 348; Ch. 730 2005 OL & HB. 2157 2005 OL Statutes/Other Implemented: Ch. 730 2005 OL History: OSAC 1-2015, f. & cert. ef. 12-18-15 OSAC 4-2006, f. & cert. ef. 11-1-06
575-031-0005 Residency To be eligible for an Oregon Opportunity Grant a student must: (1) Have been a resident of this state for not less than 12 months prior to enrolling at an eligible post-secondary institution; (2) Have not achieved a baccalaureate or higher degree from any post-secondary institution; (3) Be enrolled in an eligible program as defined by rule of the Higher Education Coordinating Commission; (4) Be making satisfactory academic progress as defined by rule of the Commission; and (5) Have not been admitted to the United States for the purpose of enrolling in a program of study at an institution of higher education. Statutory/Other Authority: ORS 348.180 Statutes/Other Implemented: ORS 348.180 History: OSAC 1-2026, amend filed 02/13/2026, effective 02/13/2026 OSAC 1-2016, f. & cert. ef. 4-21-16 OSAC 1-2015, f. & cert. ef. 12-18-15 OSAC 6-2002, f. & cert. ef. 3-12-02 SSC 12, f. & ef. 12-15-76
575-031-0010 Financial Need A student’s financial need for purposes of determining eligibility for an Oregon Opportunity Grant is based upon the need-analysis calculation from the U.S. Department of Education, regardless of the need analysis application used by the student. Statutory/Other Authority: ORS 348.205 Statutes/Other Implemented: ORS 348.205 History: OSAC 1-2026, amend filed 02/13/2026, effective 02/13/2026 OSAC 1-2016, f. & cert. ef. 4-21-16 OSAC 1-2015, f. & cert. ef. 12-18-15 OSAC 5-2007, f. & cert. ef. 11-7-07 OSAC 2-2005, f. 9-27-05, cert. ef. 10-1-05 OSAC 1-2005(Temp), f. & cert. ef. 4-4-05 thru 10-1-05 OSAC 6-2002, f. & cert. ef. 3-12-02 SSC 3-1978, f. & ef. 2-16-78 SSC 1-1978(Temp), f. & ef. 1-4-78 SSC 18, f. & ef. 10-19-77 SSC 12, f. & ef. 12-15-76
575-031-0015 Institutional Eligibility Eligible institutions are any Oregon community colleges, Oregon public universities listed in ORS 352.002, Oregon Health and Science University, and Oregon-based non-profit institutions of higher education which: (1) Are recognized by the U.S. Department of Education as eligible institutions; (2) Request participation in the program; and (3) Sign an institutional participation agreement. Statutory/Other Authority: ORS 348 & 378 Statutes/Other Implemented: ORS 348.250 - 348.260 History: OSAC 1-2016, f. & cert. ef. 4-21-16 OSAC 1-2004, f. & cert. ef. 2-12-04 SSC 3-1988, f. & cert. ef. 8-9-88 SSC 5-1987, f. & ef. 10-23-87 SSC 2-1986, f. & ef. 2-25-86 SSC 1-1981, f. & ef. 9-3-81 SSC 18, f. & ef. 10-19-77 SSC 12, f. & ef. 12-15-76
575-031-0016 Eligible Program To receive an Oregon Opportunity Grant, a student must be enrolled at an eligible post-secondary institution listed in OAR 575-031-0015 in one of the following academic program types: (1) A program leading to a baccalaureate or associate degree; (2) A program at least one academic year in length approved by the U.S. Department of Education for Title IV programs; or (3) A Title IV eligible program at least 600 clock hours, 16 semester or trimester hours, or 24 quarter hours of undergraduate instruction in length offered during a minimum of 15 weeks of instruction. Statutory/Other Authority: ORS 348.180 Statutes/Other Implemented: ORS 348.180 History: OSAC 1-2026, amend filed 02/13/2026, effective 02/13/2026 OSAC 1-2016, f. & cert. ef. 4-21-16 OSAC 6-2002, f. & cert. ef. 3-12-02 SSC 2-1986, f. & ef. 2-25-86
575-031-0027 Persistence and Completion (1) The Commission may award funds from the Oregon Opportunity Grant program to qualified students as defined in OAR 575-031-0005 to reward persistence and completion of degree programs at eligible post-secondary institutions as authorized by ORS 348.263, if program funds are available. The Commission shall determine potential eligible students from their financial aid application information via a secure portal to eligible post-secondary institutions. The Commission may rely on eligible post-secondary institutions to identify candidates who are close to degree completion, have exhausted all other aid, or have financial need as defined in OAR 575-030-0005(4) from the potential list of eligible students. The Commission shall provide administrative guidance to the institutions and reporting instructions. Based on available funds, the Commission will select eligible recipients and set the award amounts. (2) The Commission will prioritize eligible students based on financial need if sufficient funds are not available to award all eligible students submitted from the institutions. (3) Awards for persistence and completion may vary in amount from the minimum award amount to the maximum award amount for the current academic year, as determined by the Commission. Upon request from the institution, the Commission may authorize an award that exceeds the maximum amount allowed for the Oregon Opportunity Grant for the current year if such award is deemed required to support the persistence and completion of a particular student. (4) Award amounts will be prorated for students attending less than full-time. Statutory/Other Authority: ORS 348.205 Statutes/Other Implemented: ORS 348.263 History: OSAC 1-2026, amend filed 02/13/2026, effective 02/13/2026 OSAC 1-2024, adopt filed 10/10/2024, effective 10/10/2024