justicedao/ipfs_state_laws huggingface dataset:
125-001-0005 Uniform and Model Rules of Procedure The Department of Administration Services adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, as amended and effective January 1, 2024. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the agency.] Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 History: DAS 2-2025, minor correction filed 10/16/2025, effective 10/16/2025 DAS 6-2003, f. & cert. ef. 10-24-03 DASII 5-1996, f. 12-31-96, cert. ef. 1-1-97 GS 6-1986, f. 9-3-86, ef 10-1-86 GS 2-1982, f. 1-29-82, ef. 2-1-82 GS 8-1981, f. & ef. 12-4-81 GS 1-1980, f. & ef. 11-11-80 GS 2-1978, f. & ef. 4-25-78
125-007-0200 Statement of Purpose The purpose of these rules is to provide uniform administrative rules to streamline criminal records check processes state-wide, unless otherwise provided by law. Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365 Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215 History: DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16 DAS 9-2006, f. & cert. ef. 12-28-06 DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07
125-007-0220 Information Required (1) An SI may be required to provide identification and information to have a criminal records check completed including, but not limited to; (a) Legal name and aliases; (b) Date of birth; (c) Address and recent residency information; (d) Driver license or identification card information; (e) Type of work or service being performed; (f) Disclosure of criminal history; all arrests, charges, convictions and offenses. (g) Social Security number, optional only, used solely for the purpose of positively identifying the SI during the criminal records check process. (2) Identification shall be determined by using methods which include but are not limited to; (a) Asking the SI for current and valid government-issued photo identification; (b) Confirming the information on the photo identification with the SI; (c) Fingerprint capture (3) The authorized agency, district or qualified entity shall not request a fingerprint card from an SI under the age of eighteen (18) years unless the SI is emancipated pursuant to ORS 419B.550 et seq, or unless the authorized agency, district or qualified entity 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 125-007-0260. (4) The authorized agency, district or qualified entity may require additional information from the SI 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. Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365 Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215 History: DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16 DAS 9-2006, f. & cert. ef. 12-28-06 DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07
125-007-0250 Hiring or Appointing on a Preliminary Basis (1) An authorized agency or district may conduct a preliminary fitness determination if the agency, district or qualified entity is hiring or appointing an SI on a preliminary basis, pending a final fitness determination. (2) The authorized agency or district shall make a preliminary fitness determination about an SI based on information disclosed by the SI and a LEDS criminal records check pursuant to each authorized agency, district or qualified entity’s governing statutes. (3) An SI hired or appointed on a preliminary basis under this rule may participate in training, orientation, or work activities as assigned by the authorized agency, district or qualified entity. Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365 Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215 History: DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16 DAS 9-2006, f. & cert. ef. 12-28-06 DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07
125-007-0260 Final Fitness Determination (1) Unless otherwise provided by law, the authorized agency or district shall consider factors pursuant to ORS 181A.195(10)(c) in relation to information provided by the SI, including any criminal offender information, as defined in OAR 125-007-0210, obtained through a criminal records check and other information known by the agency or district. (2) Upon completion of the fitness determination, one of the following outcomes shall be made and written notification shall be provided to the SI indicating the outcome when appeal rights are afforded or when a fitness determination is not completed; (a) Approval. (A) The SI is approved to work, obtain or retain credentials, have direct access, or otherwise provide services to individuals defined in OAR 125-007-0210. (B) An approved outcome does not guarantee employment, obtaining or retaining credentials, or the ability to have direct access, or otherwise provide services, to individuals defined in OAR 125-007-0210. (b) Restricted or Conditional Approval. (A) The authorized agency or district may restrict the approval to specific activities, clients or locations. (B) The authorized agency or district may complete a new criminal records check and fitness determination on the SI prior to removing a restriction. (c) Denial. (A) The authorized agency or district denies an SI if the agency determines, through a fitness determination, that the SI is not fit to work, obtain or retain credentials, have direct access, or otherwise provide services to individuals defined in OAR 125-007-0210. (B) If an SI is denied, then the SI shall not work, receive or retain credentials, have direct access, or otherwise provide services to individuals described in OAR 125-007-0210. (d) Incomplete Fitness Determination. (A) The SI discontinues the criminal records process for any reason or refuses to be fingerprinted or respond to written correspondence from the agency or district. (B) The SI is determined to be ineligible for reasons other than a criminal records check. (C) The SI is determined to be ineligible pursuant to an authorized agency’s enabling statute, or otherwise provided by law. (D) The SI shall not be allowed to work, receive credentials, have direct access, or otherwise provide services to individuals described in OAR 125-007-0210. (E) Appeal rights, if any, are dependent on the authorized agency’s or district’s obligations to provide such rights when a final fitness determination was not completed. Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365 Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215 History: DAS 1-2018, minor correction filed 04/11/2018, effective 04/11/2018 DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16 DAS 9-2006, f. & cert. ef. 12-28-66 DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07
125-007-0270 Crimes Considered (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 authorized agency or district shall evaluate a crime or offense on the basis of the law 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 an SI 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 an SI 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.170, 181A.195, 181A.215, 184.340 & 184.365 Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215 History: DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16 DAS 9-2006, f. & cert. ef. 12-28-06 DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07
125-007-0300 Appealing a Fitness Determination (1) An SI may contest a final fitness determination outcome of a denied or restricted approval. (2) Process for authorized agencies using Office of Administrative Hearings (OAH): To request a contested case hearing, the SI or the SI’s legal representative shall submit a written request for a contested case hearing to the address specified in the notice provided under OAR 125-007-0260, within the time required by law or a reasonable time period. (3) Confidentiality. The Department or the administrative law judge may protect information made confidential by ORS 181A.195(11) or other applicable law as provided in OAR 137-003-0570(7) or (8). (4) No Public Attendance. Unless otherwise provided by law, contested case hearings on fitness determinations are closed to non-participants. (5) Authorized agencies and districts that are not obligated by law to use the OAH must adopt procedural rules providing for SIs to contest fitness determinations or may elect to use the process outlined in this rule. (6) Alternative Process. An SI currently employed by the authorized agency district or qualified entity may choose to appeal a fitness determination either under the process made available by this rule or through the process made available by applicable personnel rules, policies and collective bargaining provisions. An SI’s decision to appeal a fitness determination through applicable personnel rules, policies, and collective bargaining provisions is an election of remedies as to the rights of the individual with respect to the fitness determination and is a waiver of the contested case process made available by this rule. (7) Challenging Criminal Offender Information. An SI may not use the appeals process established by this rule to challenge the accuracy or completeness of information provided by OSP, the FBI, or agencies reporting information to OSP or the FBI. To challenge information, an SI may use any process made available by the providing agency. (8) Remedy. When the fitness determination is performed as part of an authorized agency’s hiring process or employment decision, the only remedy that may be awarded is a determination the SI is fit or not fit. Under no circumstances shall the authorized agency be required to place an SI in any position, nor shall the agency be required to accept services or enter into a contractual agreement with an SI. (9) No delay in hiring. Appealing a final fitness determination, challenging criminal offender information with the agency that provided the information, or requesting a new criminal records check may not delay or postpone the authorized agency’s hiring process or employment decisions. Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365 Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215 History: DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16 DAS 9-2006, f. & cert. ef. 12-28-06 DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07
125-007-0310 Recordkeeping and Confidentiality (1) Criminal offender information obtained in the criminal records check is confidential. The authorized agency, district or qualified entity must restrict the dissemination of information obtained in the criminal records check. Only those persons, as identified by the authorized agency, with a demonstrated and legitimate need to know the information, may have access to criminal records check records. (2) Sharing information. Final fitness determination results may be shared pursuant to ORS 181A.195(10)(c)(A). Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365 Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215 History: DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16 DAS 9-2006, f. & cert. ef. 12-28-06 DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07
125-007-0330 Fees Authorized agencies or districts shall develop policies or administrative rules, based on statutory authority, to charge fees for criminal records checks. Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365 Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215 History: DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16 DAS 9-2006, f. & cert. ef. 12-28-06 DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07
125-010-0005 Contract Review Board Services to Local Public Agencies (1) The Department of Administrative Services, hereafter referred to as “Department,” is authorized by ORS 190.240, 279.055 and Chapter 690 Oregon Laws 1983 to contract with Oregon public agencies to function as their contract review board. In this capacity, the Department will be responsible for adopting and administering rules governing public contracting, considering requests for exemptions from public contracting requirements, and hearing appeals from disqualification decisions of the local public agency, pursuant to ORS 279.043 and 279.045. (2) A local public agency should direct its formal written request for services from its governing body to: Director, Department of Administrative Services, c/o Administrator, Transportation, Purchasing and Print Services Division, 1225 Ferry Street S.E., Salem, Oregon 97310. (3) Upon receipt of such written request, the Department shall forward for signature to the local public agency an intergovernmental agreement on a form prescribed by the Department. No services shall be provided by the Department without a signed intergovernmental agreement. (4) The provision of contract review board functions by the Department shall be subject to the total of the following charges for service: (a) Annual Maintenance Charge — $300 includes responding to telephone inquiries and explaining Department rules, providing copies of current administrative rules and other required forms; (b) Individual exemption requests will be charged according to the following: The hourly rate charged to the local public agency for the Attorney General’s services will be the same hourly rate charged to the Department by the Attorney General. In addition, the hourly rate charged to the local public agency by the Department for review of exemption requests will be 90% of the standard hourly rate charged by the Attorney General; and (c) Legal expenses incurred for any investigations, appeal hearings or suits will be charged based on actual costs. Legal fees may be subject to award to the prevailing party. Statutory/Other Authority: ORS 279.015 & 279.055 History: TPPSD 2-1994, f. 12-22-94, cert. ef. 1-1-95 GS 10-1991, f. & cert. ef. 7-5-91 GS 7-1983, f. & ef. 11-3-83
125-020-0010 Definitions The following definitions shall apply to all Oregon Administrative Rules contained in OAR chapter 125, division 20, unless the context requires otherwise: (1) "Custodian" refers to a public body mandated, directly or indirectly, to create, maintain, care for or control a public record. "Custodian" does not include a public body that has custody of a public record as an agent of another public body that is the custodian, unless the public record is not otherwise available. (2) "Department" refers to the Oregon Department of Administrative Services. (3) "Designee" refers to any officer or employee of the Department, appointed by the Director to respond to requests for public records of the Department of Administrative Services. (4) "Director" refers to the Director of the Department of Administrative Services. (5) "Division" refers to an organizational component or operating unit of the Department of Administrative Services. (6) "Duplication or Duplicating" refers to the process of reproducing a public record or writing in any format. (7) "Person" includes any natural person, corporation, partnership, firm or association. (8) "Photocopy(ing)" includes a photograph, microphotograph and any other reproduction on paper or film in any scale, or the process of reproducing, in the form of a photocopy, a public record or writing. (9) "Public body" includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state. (10) "Public record or writing" includes a document, book, paper, photograph, file, sound recording, machine readable electronic record or other material regardless of physical form or characteristics, made, received, filed or recorded in pursuance of law or in connection with the transaction of public business, whether or not confidential or restricted in use. (11) "Requestor" refers to the person requesting inspection, copies, or other reproduction of a public record of the Department. Statutory/Other Authority: ORS 184.340 & 192.430 Statutes/Other Implemented: ORS 192.410 - 192.505 History: DAS 3-2015, f. & cert. ef. 5-29-15 Renumbered from 121-020-0010, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12 BAD 2-1997, f. 6-18-97, cert. ef. 7-1-97
125-020-0020 Applicability of Rules The Administrative Rules set forth in Chapter 125, Division 20 shall apply to all public records for which the Department is custodian, except as otherwise administered under OAR 105-010-0011 and 105-010-0016 of the Department's Human Resource Services Division. Statutory/Other Authority: ORS 184.340 & 192.430 Statutes/Other Implemented: ORS 192.410 - 192.505 History: DAS 3-2015, f. & cert. ef. 5-29-15 Renumbered from 121-020-0020, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12 BAD 2-1997, f. 6-18-97, cert. ef. 7-1-97
125-020-0030 Access to Public Records The Director or designee, in carrying out responsibilities of ORS 192.430, as custodian of public records: (1) Shall allow access to and disclosure of the public records subject to ORS 192.410 to 192.505. (2) Shall make restrictions and take precautions necessary to protect the integrity of the records and prevent interference with the regular discharge of the Department's duties; and (3) Shall allow for inspection of the Department's public records during normal working days and hours at the location which the records reside, or any other reasonable location designated by the Director or designee. Statutory/Other Authority: ORS 184.340 & 192.430 Statutes/Other Implemented: ORS 192.410 - 192.505 History: DAS 3-2015, f. & cert. ef. 5-29-15 Renumbered from 121-020-0030, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12 BAD 2-1997, f. 6-18-97, cert. ef. 7-1-97
125-020-0040 Requests to Inspect or Obtain Copies of Public Records (1) A request to inspect or obtain copies of a public record of the Department shall be made in writing to the Director, and shall include: (a) The name, address and telephone number of the requestor; (b) Identification of the records from which information is requested, if known. (c) The time period the records were produced and officials involved in producing the records or other relevant information, if known; (d) The format in which the information is needed (i.e. photocopies, audio or video cassette, machine readable, or electronic format, etc.); (e) The number of copies needed, if copies are requested; and (f) Instruction to the Department to certify copies, if necessary. (2) The Director or designee may waive the requirement, under paragraph (1) of this rule, for a request to be in writing, if it is determined that effective administration is aided by the waiver. (3) A review of the requested records will be conducted by the Department as necessary to determine whether the records are exempt from disclosure, in accordance with ORS 192.410 to 192.505 and any other references establishing an exemption to disclosure of public records. (4) The Director or designee will advise the requestor, within a reasonable amount of time, whether the records may be disclosed, the date, time, and place they may be inspected or obtain copies of the records, and the estimated cost of inspection, duplication, and other related fees as described in OAR 125-020-0050. (5) If the requested records contain information exempt from disclosure, the requestor will be furnished a copy of the record with the exempt material removed. (6) The Director or designee may require and designate a Department employee to supervise the inspection of requested records. Statutory/Other Authority: ORS 184.340 & 192.430 Statutes/Other Implemented: ORS 192.410 - 192.505 History: DAS 3-2015, f. & cert. ef. 5-29-15 Renumbered from 121-020-0040, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12 BAD 2-1997, f. 6-18-97, cert. ef. 7-1-97
125-030-0006 Annual Charitable Fund Drive Program (1) The purpose of the Annual Charitable Fund Drive Program is to: (a) Provide a wide range of choices for state employees and retirees from state service who wish to give to charitable organizations and support Oregon communities; (b) Encourage volunteer leadership; (c) Consolidate charitable solicitation and minimize work-place disruption; (d) Minimize cost to government and charitable organizations in charitable solicitation efforts; (e) Ensure funds are solicited by qualified funds or federations; (f) Ensure solicitation is conducted in a voluntary atmosphere. (2) No organized charitable solicitations of state employees in state offices, facilities or other places of employment shall be permitted without prior approval of the Director of the Department of Administrative Services. (3) All solicitations by charitable organizations that are approved in accordance with this rule shall be made in one combined annual fund drive for cash contributions or payroll deductions that shall be conducted on dates established by order of the Director of the Department of Administrative Services. (4) OAR chapter 125, division 30, does not apply to the Governor’s Annual Food Drive, the annual Christmas Toys for Joy Program or the Campaign for Equal Justice. Statutory/Other Authority: ORS 184.340, 292.045 & 184.305 Statutes/Other Implemented: ORS 292.043 & 292.045 History: DAS 3-2015, f. & cert. ef. 5-29-15 Renumbered from 121-030-0000, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12 BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08 BAD 2-2002, f. & cert. ef. 7-30-02 ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94 Reverted to EX 1-1991, f. & cert. ef. 1-28-91 EX 1-1993(Temp), f. & cert. ef. 4-13-93 EX 1-1991, f. & cert. ef. 1-28-91 EX 3-1990(Temp), f. & cert. ef. 8-3-90 EX 1-1990, f. & cert. ef. 5-8-90 EX 1-1989, f. & ef. 1-27-89 EX 2-1988(Temp), f. & ef. 7-27-88