836-072-0040 Recordkeeping and Confidentiality (1) An authorized designee must document in writing a preliminary or final fitness determination or the closing of a fitness determination due to incompleteness. (2) All records that the Department receives from the Oregon Department of State Police resulting from a criminal records check, including but not limited to LEDS reports and state or federal criminal offender information originating with the Oregon Department of State Police or the Federal Bureau of Investigation, are confidential pursuant to ORS 181.534(15) and federal laws and regulations. (3) Within the Department, only authorized designees may have access to records the Department receives from the Oregon Department of State Police resulting from a criminal records check. (4) An authorized designee has access to records received from the Oregon Department of State Police in response to a criminal records check only if the authorized designee has a demonstrated and legitimate need to know the information contained in the records. (5) An authorized designee must maintain and disclose records received from the Oregon Department of State Police resulting from a criminal records check in accordance with applicable requirements and restrictions in ORS Chapter 181 and other applicable federal and state laws, rules adopted by the Oregon Department of State Police pursuant to ORS Chapter 181 (see OAR chapter 257, division 15), OAR 836-072-0001 to 836-072-0045, federal regulations and any written agreement between the Department and the Oregon Department of State Police. (6) If a fingerprint-based criminal records check was conducted with regard to an applicant, the Department shall permit the applicant to inspect the applicant’s own state and federal criminal offender information, unless prohibited by federal law. (7) If an applicant asks to inspect criminal offender information under section (6) of this rule requests, the Department shall provide the applicant with a copy of the applicant’s own state and federal criminal offender information, unless prohibited by law. The Department shall require sufficient identification from the applicant to determine the applicant’s identity before providing the criminal offender information to the applicant. The Department shall require that the applicant sign a receipt confirming the applicant’s receipt of the criminal offender information, except that if the criminal offender information is provided through discovery under OAR 836-072-0035, the Department must keep a record of the information provided to the applicant. (8) The Department shall treat all records received or created under OAR 836-072-0001 to 836-072-0045 that concern the criminal history of an applicant, other than records received from the Oregon Department of State Police, including DCBS Criminal Records Request forms and fingerprint cards, as confidential pursuant to ORS 181.534(15). Within the Department, only authorized designees may have access to the records. An authorized designee may have access to the records only if the authorized designee has a demonstrated and legitimate need to know the information contained in the records. (9) Except as otherwise provided by law, an applicant shall have access to the records referred to in section (8) of this section pursuant to the terms of the Public Records Law, ORS 192.410 to 192.505. Statutory/Other Authority: ORS 181.534, 705.135 & 731.244 Statutes/Other Implemented: ORS 181.534, 705.141, 744.001, 744.059 & 744.326 History: ID 19-2008, f. & cert. ef 12-10-08