justicedao/ipfs_state_laws huggingface dataset:
813-003-0001 Purpose and Objectives OAR 813, division 003, is promulgated to carry out the provisions of ORS 291.055(c) and 456.562, which relate generally to the Department’s authority to license, share or otherwise provide for the use by a Person of intellectual property acquired or developed by the Department. Statutory/Other Authority: ORS 183 & 456.555 Statutes/Other Implemented: ORS 291.055 & 456.562 History: OHCS 4-2004, f. & cert. ef. 11-23-04
813-003-0006 Definitions (1) “Intellectual Property” as defined in ORS 456.562, means computer programs, software, software tools and data. (2) “Person” means a person as defined in ORS 174.100, including individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. “Person” also means a federal, state or local government body, a Native American tribe or an agent or representative of a tribe. (3) “Licensing Agreement” means the binding contractual instrument between the Department and a Person identifying the terms and conditions by which such Person may use Department Intellectual Property. (4) “Copyright” means a comprehensive privilege to exclusively print, reprint, publish, copy, translate, dramatize, convert, arrange, adapt, complete, execute, finish, deliver in public, perform and transcribe an original work pursuant to federal law, i.e., 17 USC §§ 1-215; 61 Stat., as amended. (5) “Department” means the State of Oregon, acting by and through the Housing and Community Services Department established pursuant to ORS 456.555. (6) “Patent” means an instrument from the federal government granting to original inventors, the exclusive right for a period of time to manufacture, sell and use the invention described therein. Statutory/Other Authority: ORS 183 & 456.555 Statutes/Other Implemented: ORS 291.055 & 456.562 History: OHCS 4-2004, f. & cert. ef. 11-23-04
813-003-0011 Authority to Acquire, Develop, Use, and Share Intellectual Property The Department may take actions that it deems necessary and appropriate to acquire, develop, use, and allow other Persons to use Intellectual Property. Such actions may include, but are not limited to applying for Patents or Copyright registrations to perfect or preserve its rights with respect to Intellectual Property, employing Intellectual Property for its own use, and requiring other Persons to execute Licensing Agreements and/or other documents satisfactory to the Department as a condition for licensing, sharing or otherwise obtaining use of Intellectual Property from the Department. Statutory/Other Authority: ORS 183 & 456.555 Statutes/Other Implemented: ORS 291.055 & 456.562 History: OHCS 4-2004, f. & cert. ef. 11-23-04
813-003-0015 Guidelines Concerning Acquisition and Use of Intellectual Property (1) Subject to any superior Patent or Copyright limitations, the Department may, at its reasonable discretion, license, share with, or otherwise provide for the use by a Person of Intellectual Property acquired or developed by the Department. In determining whether or not to allow use of its Intellectual Property, the Department may consider factors including, but not limited to the public interest served in allowing its use, the cost and administrative burden of allowing its use, the furtherance of Department purposes through allowing its use, the potential liability from allowing its use, the Department’s experience with the Person, the reputation in the community of the Person, the ability of the Person to pay an appropriate fee for the use of the Intellectual Property, the Person’s execution of a Licensing Agreement and/or other documents satisfactory to the Department, and the impact of allowing its use on the ability of the Department to acquire or develop additional Intellectual Property. (2) Unless specified otherwise in these rules, the Department may charge reasonable fees for the licensing, sharing or other use of its Intellectual Property. Payment of fees may be required on any schedule established by the Department. (3) When the Department determines to license, share with or otherwise allow the use of any Intellectual Property by a federal, state, or local government body, it will do so without charging a fee. Statutory/Other Authority: ORS 183 & 456.555 Statutes/Other Implemented: ORS 291.055 & 456.562 History: OHCS 4-2004, f. & cert. ef. 11-23-04
813-003-0021 Guidelines for Training and Technical Assistance (1) The Department may provide training and other technical assistance to Persons who license, share or otherwise use Department Intellectual Property. In determining whether or not to provide training and other technical assistance, the Department may consider factors including, but not limited to its own staffing needs and capabilities, the public interest to be served, the advancement of Department programs, the needs of the Person for whom training and other technical assistance would be provided, the ability of the Person to apply such training and assistance, the ability of the Person to pay for such training and assistance, the Department’s experience with the Person, the reputation in the community of the Person, and the Person’s execution of a Licensing Agreement and/or other documents satisfactory to the Department. (2) The Department may charge reasonable fees for providing training and technical assistance with respect to the use of its Intellectual Property. Payment of fees may be required on any schedule established by the Department. Statutory/Other Authority: ORS 183 & 456.555 Statutes/Other Implemented: ORS 291.055 & 456.562 History: OHCS 4-2004, f. & cert. ef. 11-23-04
813-003-0025 Fees (1) As permitted by ORS 456.562 and these rules, the Department may charge reasonable fees for the licensing, sharing or other use of Intellectual Property. The Department also may charge reasonable fees for providing training and other technical support with respect to the use of Intellectual Property. (2) In establishing reasonable fees, the Department may consider factors including, but not limited to its costs in acquiring, developing, protecting, maintaining, marketing, licensing (or otherwise allowing the use), and monitoring the use of Intellectual Property generally and of the particular Intellectual Property specifically, the demand for Intellectual Property, market rates for similar or comparable products, Department program needs, the nature and resources of the Person to use the Intellectual Property, the purposes for which the Intellectual Property will be used, and the public interest in its use. Considered costs may include, but are not limited to the relevant time, personnel and materials employed, the allocable portion of indirect costs, and reserves for updating, acquiring, developing, and administering the use of Intellectual Property, as well as for contingencies. (3) Payment of fees shall be made in the amount and at such time, place and manner as the Department may require. Statutory/Other Authority: ORS 183 & 456.555 Statutes/Other Implemented: ORS 291.055 & 456.562 History: OHCS 4-2004, f. & cert. ef. 11-23-04
813-003-0031 Warranties; Limitation of Liability (1) The Department shall make no warranty of any kind, express or implied, with respect to any Intellectual Property — including, but not limited to any warranties of merchantability and fitness for a particular purpose. Any provision in a Licensing Agreement or any other document, or in any statement by an employee or other agent of the Department, purporting to convey any such warranties from the Department is, and shall be deemed, void as an ultra vires act, being made without authority and in contravention of these rules. (2) The Department’s liability arising out of or based upon the licensing, sharing or otherwise provided use of Intellectual Property, regardless of the form in which any legal or equitable action may be brought, including without limitation any action in tort, contract, or pursuant to statute, shall not exceed any fee paid to the Department for the licensing, sharing or use of the Intellectual Property. (3) The department shall have no liability for indirect, incidental, consequential, special or punitive damages, lost profits, or loss of goodwill (even if it has been advised of the possibility of such damages), arising out of or relating to the licensing, sharing, other use of its intellectual property, including without limitation such matters as interruptions, delays, loss of data, loss of profit, interruption of service, loss of business or anticipatory profits. The foregoing warranty and limitations are in lieu of all other warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Any provision in any licensing agreement or other document, or any statement by an employee or other agent of the department purporting to establish any such liability is, and shall be deemed, void as an ultra vires act, being made without authority and in contravention of these rules. (4) Any Person who licenses, shares or otherwise uses Intellectual Property from the Department, in doing so, agrees to defend, indemnify and hold harmless the Department (consistent with ORS chapter 180) from and against any and all claims, demands, causes of action and liabilities with respect to such license, sharing or other use of the Intellectual Property and/OR any related training or other assistance from the Department with respect to the Intellectual Property. (5) Any Licensing Agreement or other document providing for the licensing, sharing or other use by a Person of Department Intellectual Property or for training and/or other technical assistance relating to such Intellectual Property, in order to be valid and enforceable against the Department, shall contain language substantially similar to that contained in subparagraphs (1) through (4) of this Section. Statutory/Other Authority: ORS 183 & 456.555 Statutes/Other Implemented: ORS 291.055 & 456.562 History: OHCS 4-2004, f. & cert. ef. 11-23-04
813-003-0035 Waiver The Department may waive or modify any requirements of OAR 813, division 3, unless such waiver or modification would violate applicable federal or state statutes. Statutory/Other Authority: ORS 183 & 456.555 Statutes/Other Implemented: ORS 291.055 & 456.562 History: OHCS 4-2004, f. & cert. ef. 11-23-04
813-004-0001 Confidentiality and Inadmissibility of Mediation Communications The department is a party or is mediating a dispute as to which the department has regulatory authority. This rule does not apply when the department is acting as the “mediator” in a matter in which the department also is a party as defined in ORS 36.234. Statutory/Other Authority: ORS 36.224 & 36.234 Statutes/Other Implemented: ORS 36.224, 36.228, 36.230, 36.232 & 36.234 History: OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026 OHCS 34-2023, amend filed 12/29/2023, effective 01/01/2024 OHCS 21-2023, temporary amend filed 08/29/2023, effective 09/01/2023 through 02/27/2024 OHCS 3-2013, f. & cert. ef. 3-28-13 OHCS 5-2012(Temp), f. & cert. ef. 10-15-12 thru 4-12-13
813-004-0200 Criminal Background Purpose The purpose of these rules is to provide for the reasonable screening of subject individuals to determine if they have a history of criminal behavior such that they are not fit to work or volunteer in positions covered in OAR 813-004-0220. The fact that the department determines that a subject individual is fit does not guarantee the individual a position as a department employee, volunteer, contractor or vendor or that the individual will be hired by the department. Statutory/Other Authority: ORS 181.534 & 456.135 Statutes/Other Implemented: ORS 181.534 & 456.569 History: OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026 OHCS 1-2013, f. & cert. ef. 1-4-13
813-004-0210 Definitions As used in OAR chapter 813, division 4, unless the context of the rule requires otherwise, the following definitions apply: (1) “Conviction" means a final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere (no contest) or any determination of guilt entered by a court of law against a subject individual in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision. (2) “Criminal Offender Information” means records and related data concerning physical description and vital statistics, fingerprints received and compiled by the Oregon State Police Department to identify criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including sentencing, confinement, parole and release records. (3) “Criminal Records Check” means one or more of the following three processes undertaken by the department to check the criminal history of a subject individual: (a) A name-based check of criminal offender information conducted through the Law Enforcement Data System (LEDS) maintained by the Oregon State Police Department, in accordance with the rules adopted and procedures established by the Oregon State Police Department; (b) A check of Oregon Criminal Offender Information, through fingerprint identification and other means, conducted by the Oregon State Police Department at the Department's request (Oregon Criminal Records Check); or (c) A nationwide check of federal Criminal Offender Information, through fingerprint identification and other means, conducted by the Oregon State Police Department through the Federal Bureau of Investigation or otherwise at the Department's request (nationwide Criminal Records Check). (4) “Criminal Records Request Form” means a department approved form, completed by a subject individual, requesting a criminal records check. (5) “False Statement” means, in association with an activity governed by these rules, a subject individual either: (a) Provided the department with false information about the subject individual’s criminal history, including but not limited to false information about the individual’s identity or conviction record; or (b) Failed to provide the department information material to determine the individual’s criminal history. (6) “Fitness Determination” means a determination made by the department, pursuant to the process established under OAR 813-004-0230, that a subject individual is fit or not fit to be a department employee, volunteer, contractor or vendor in a position covered by OAR 813-004-0220. (7) ”Subject Individual” means an individual identified in OAR 813-004-0220 as someone from whom the department may require a criminal records check. Statutory/Other Authority: ORS 181.534 & 456.135 Statutes/Other Implemented: ORS 181.534 & 456.569 History: OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026 OHCS 1-2013, f. & cert. ef. 1-4-13
813-004-0220 Subject Individual The department may require a criminal records check pursuant to these rules because the person: (1)(a) Is employed by or applying for employment with the department; or (b) Provides services or seeks to provide services to the department as a volunteer, contractor, or vendor; and (2) Is, or will be, working or providing services in a position: (a) In which the subject individual 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 subject individual has access to information that state or federal laws, rules or regulations prohibit disclosing or define as confidential; (c) That has payroll functions; (d) In which the subject individual has responsibility for receiving, receipting or depositing money or negotiable instruments; (e) In which the subject individual has responsibility for billing, collections or other financial transactions; (f) In which the subject individual 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; (g) That has mailroom duties as the primary duty or job function; (h) That has personnel or human resources functions as one of the position's primary responsibilities; (i) In which the subject individual has access to social security numbers, dates of birth or criminal background information of employees or members of the public; (j) In which the subject individual has access to tax or financial information about individuals or business entities. Statutory/Other Authority: ORS 181.534 & 456.135 Statutes/Other Implemented: ORS 181.534 & 456.569 History: OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026 OHCS 1-2013, f. & cert. ef. 1-4-13
813-004-0230 Criminal Records Check Process (1) Disclosure of information by subject individual. (a) Preliminary to a criminal records check, a Subject Individual must complete and sign the department's Criminal Records Request Form and a fingerprint appointment if required. (b) A subject individual must complete and submit to the department the Criminal Records Request Form and, if requested, a fingerprint appointment within three business days of receiving the forms. The department may extend the deadline for good cause. The department’s Criminal Records Request Form will require the following information:, name, birth date, social security number, physical characteristics, driver's license or identification card number and current address, prior residences in other states and any other identifying information deemed necessary by the department. (c) The department may require additional information from the subject individual as necessary to complete the criminal records check and fitness determination, such as, but not limited to, proof of identity; or additional criminal, judicial, or other background information. (d) The department shall not request fingerprinting 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 under OAR 813-004-0250(3). (2) The department may conduct, or request the Oregon State Police to conduct, a criminal records check when: (a) An individual meets the definition of a subject individual; or (b) Required by federal law or regulation, by state or administrative rule, or by contract or written agreement with the department. (3) When the department determines under section (2) of this rule that a criminal records check will be done, the department may request (any additional information needed to make determinations.) or conduct a LEDS criminal records check, an Oregon criminal records check, a nationwide criminal records check, or any combination thereof. (4) The department requires subject individual that have had out of state residency, being outside Oregon for 60 or more consecutive days during the previous five years, to complete fingerprint-based criminal records check by Fieldprint. Statutory/Other Authority: ORS 181.534 & 456.135 Statutes/Other Implemented: ORS 181.534 & 456.569 History: OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026 OHCS 1-2013, f. & cert. ef. 1-4-13
813-004-0240 Hiring or Appointing on a Preliminary Basis (1) If the department elects to conduct a criminal records check pursuant to these rules, the department, in its sole discretion, may hire or appoint the subject individual on a preliminary basis pending completion of a criminal records check when: (a) The subject individual has provided all information (including fingerprinting, if requested) as required by the department pursuant to OAR 813-004-0230; and (b) The department, in its sole discretion, determines that preliminary hiring is in the department’s best interests. (2) A subject individual hired or appointed on a preliminary basis under this rule may participate in training, orientation, and work activities as assigned by the department. (3) Nothing in this rule shall be construed as requiring the department to hire on a preliminary basis. (4) A subject individual hired on a preliminary basis is deemed to be on trial service. Statutory/Other Authority: ORS 181.534 & 456.135 Statutes/Other Implemented: ORS 181.534 & 456.569 History: OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026 OHCS 1-2013, f. & cert. ef. 1-4-13
813-004-0260 Potentially Disqualifying Crimes (1) Crimes relevant to a fitness determination are listed within the OHCS Crime List, effective December 2025. (2) Evaluation of Crimes. The department shall evaluate a crime on the basis of the law of the jurisdiction in which the crime or offense occurred, 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 determined to be not fit under these rules on the basis of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 181.534 & 456.135 Statutes/Other Implemented: 456.569 History: OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026 OHCS 1-2013, f. & cert. ef. 1-4-13
813-004-0270 Incomplete Fitness Determination (1) The department 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 under OAR 813-004-0220. (b) The subject individual does not submit materials or information within the time required under OAR 813-004-0230(1); (c) The department cannot locate or contact the subject individual; (d) The subject individual fails or refuses to cooperate with the department's attempts to acquire other criminal records information under OAR 813-004-0260(2); or (e) The department determines that the subject individual is not eligible or not qualified for the position (of employee, contractor, vendor or volunteer) for a reason unrelated to the fitness determination process. (f) The position is no longer open. (2) A subject individual does not have a right to a contested case hearing under OAR 813-004-0290(2) or a right to an alternative appeals process as provided by OAR 813-004-0290(6) to challenge the closing of a fitness determination as incomplete. Statutory/Other Authority: ORS 181.534 & 456.135 Statutes/Other Implemented: ORS 181.534 & 456.569 History: OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026 OHCS 1-2013, f. & cert. ef. 1-4-13
813-004-0280 Notice to Subject Individual of Fitness Determination The department shall inform the subject individual who has been determined not to be fit on the basis of a criminal records check, via personal service, or registered or certified mail to the most current address provided by the subject individual, of such disqualification. Statutory/Other Authority: ORS 181.534 & 456.135 Statutes/Other Implemented: ORS 181.534 & 456.569 History: OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026 OHCS 1-2013, f. & cert. ef. 1-4-13
813-004-0300 Recordkeeping and Confidentiality Any information obtained in the criminal records check is confidential. The department must restrict the dissemination of information obtained in the criminal records check. Only those persons, as identified by the department, with a demonstrated and legitimate need to know the information, may have access to criminal records check records. Statutory/Other Authority: ORS 181.534 & 456.135 Statutes/Other Implemented: ORS 181.534 & 456.569 History: OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026 OHCS 1-2013, f. & cert. ef. 1-4-13