837-007-0210 Definitions As used in OAR chapter 837, division 007, unless the context of the rule requires otherwise, the following definitions apply: (1) “Approved” means that, pursuant to a preliminary fitness determination under OAR 837-007-0240 or a final fitness determination under OAR 837-007-0250, an authorized designee has determined that the subject individual is fit to be an employee, volunteer, or contractor in a position covered by OAR 837-007-0220. (2) “Authorized Designee” means a department employee authorized to obtain and review criminal offender information and other relevant information about a subject individual through criminal records checks and other means, and to conduct a fitness determination in accordance with these rules. (3) “Conviction” or “Convicted of” means that a court of law has entered a final judgment on a verdict or a finding of guilty, a plea of guilty, or a plea of nolo contendere (no contest) against a subject individual in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision. (4) "Criminal Offender Information" means records, including fingerprints and photographs, received, compiled and disseminated by the Oregon Department of State Police (OSP), or by other states, for purposes of identifying criminal offenders and alleged offenders, and maintained as part of an individual’s records of arrests, the nature and disposition of criminal charges, sentencing, confinement, but does not include the retention by OSP or records of transfer of inmates between penal institutions or other correctional facilities, and release. (5) “Crime Relevant to a Fitness Determination” means a crime listed or described in OAR 837-007-0260. (6) “Criminal Records Check and Fitness Determination Rules” or “These Rules” means OAR chapter 837, division 007. (7) “Criminal Records Check” or “CRC” means obtaining and reviewing criminal records as required or permitted by these rules and includes the following: (a) A check of Oregon criminal offender information, including through fingerprint identification, conducted by the Oregon Department of State Police at the Department’s request (Oregon Criminal Records Check); or (b) A nationwide check of federal criminal offender information, including through fingerprint identification, conducted by the Oregon Department of State Police through the Federal Bureau of Investigation or otherwise at the Department’s request (Nationwide Criminal Records Check). (8) “Denied” means that, pursuant to a preliminary fitness determination under OAR 837-007-0240 or a final fitness determination under OAR 837-007-0250, an authorized designee has determined that the subject individual is not fit to be an employee, volunteer, or contractor in a position covered by OAR 837-007-0220. (9) “Department” means the Department of the State Fire Marshal or any subdivision thereof. “Department” does not include a criminal justice agency as defined in ORS 181A.195(1)(a)(B). (10) “False Statement” means that, in association with an activity governed by these rules, a subject individual either: (a) Provided the Department with materially false information about his or her criminal history, such as, but not limited to, materially false information about his or her identity or conviction record; or (b) Failed to provide to the Department information material to determining his or her criminal history. (11) “Fitness Determination” means a determination made by an authorized designee pursuant to the process established in OAR 837-007-0230 (preliminary fitness determination) or OAR 837-007-0250 (final fitness determination) that a subject individual is or is not fit to be a Department employee in a position covered by OAR 837-007-0220. (12) “Subject Individual” means an individual identified in OAR 837-007-0220 as someone from whom the Department may require fingerprints for the purpose of conducting a criminal records check. Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510 Statutes/Other Implemented: ORS 181A.195(9) History: OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025