justicedao/ipfs_state_laws huggingface dataset:
414-061-0100 Denial Procedures (1) A subject individual may be denied enrollment in the Central Background Registry if the individual: (a) Has been determined not suitable; (b) Has misrepresented information or failed to submit requested information or documentation; (c) Has been charged with, arrested for, or a warrant for a Category I or Category II crime in OAR 414-061-0050 with final disposition not yet reached; (d) Has an open child abuse or neglect investigation, or a substantiated finding of abuse or neglect against an adult, or law enforcement case with final disposition not yet reached; (e) Is in a diversion program or similar agreement and has failed to provide written documentation of compliance with the terms of diversion or the agreement; or (f) Has been charged with, arrested for, or has a warrant for a crime listed in OAR 414-061-0045(1)(d) or of a crime from another jurisdiction that is substantially similar. (2) A subject individual may appeal the Department’s determination not to enroll the subject individual in the Central Background Registry, pursuant to OAR 414-061-0120. (3) A subject individual who has been denied enrollment in the Central Background Registry due to a determination of unsuitability shall not be eligible for enrollment in the Registry for five years from the date of denial , except as set forth in OAR 414-061-0100(4). (4) A subject individual shall be eligible for limited enrollment in the Central Background Registry at any time and regardless of whether the individual was previously denied if the individual meets the criteria for limited enrollment as set forth in OAR 414-061-0090(2)(b)(A) through (H). (5) A subject individual who has been determined to be ineligible for enrollment in the Central Background Registry due to conviction of a crime listed in OAR 414-061-0045(1)(d) or convicted of a crime from another jurisdiction that is substantially similar, may apply for enrollment in the Registry after five or more years since the date of their last conviction. Statutory/Other Authority: ORS 329A.030(7) Statutes/Other Implemented: ORS 329A.030 & HB3558 (2023) History: DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024 DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024 ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022 ELD 18-2019, amend filed 08/13/2019, effective 08/13/2019 ELD 15-2019, temporary amend filed 05/30/2019, effective 05/30/2019 through 11/25/2019 ELD 14-2019, minor correction filed 05/29/2019, effective 05/29/2019 ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018 ELD 7-2016, f. & cert. ef. 12-19-16 ELD 3-2015, f. & cert. ef. 2-3-15 CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10 CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10 CCD 5-2004, f. & cert. ef. 11-16-04 CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03 CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98
414-061-0110 Removal Procedures (1) An individual enrolled in the Central Background Registry shall be removed or suspended from the Registry by the Department if, during the period of enrollment, the individual; (a) Has been determined not suitable for enrollment in the Registry; (b) Has misrepresented information or failed to submit requested information or documentation; (c) Is in a diversion program or similar agreement and has failed to provide written documentation of compliance with the terms of diversion or the agreement; or (d) Has a disqualifying condition listed in OAR 414-061-0045. (2) The Department may immediately, and without prior hearing, remove or suspend a subject individual from the Central Background Registry when, in the opinion of the Department, such action is necessary to protect children from physical or mental abuse or a substantial threat to health and safety. Such action may be taken before an investigation is completed. (3) The Department may reinstate a subject individual in the Central Background Registry if the condition(s) that resulted in the suspension is corrected. (4) When a subject individual is removed or suspended from the Central Background Registry, the Department will notify the subject individual and the requesting agencies which have inquired about the subject individual's enrollment of the removal or suspension. (5) A subject individual who has been removed from the Central Background Registry and has not subsequently been re-enrolled shall not be eligible for enrollment in the Registry for five years from the date of removal, except as provided by OAR 414-061-0100(4). Statutory/Other Authority: ORS 329A.030(7) Statutes/Other Implemented: ORS 329A.030; HB 2259 (2017) & HB3558 (2023) History: DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024 DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024 ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022 ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018 ELD 7-2016, f. & cert. ef. 12-19-16 ELD 3-2015, f. & cert. ef. 2-3-15 CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10 CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10 CCD 5-2004, f. & cert. ef. 11-16-04 CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03 CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98
414-061-0120 Rights for Review and Contested Case Hearings (1) The Department shall afford subject individuals the right to appeal a decision made by the Department that the subject individual is denied, suspended, or removed from enrollment from the Central Background Registry through a contested case hearing pursuant to ORS 183.413 through 183.470. Subject individuals must submit a request for a contested case hearing in writing. (2) The Department does not have authority to change decisions, records, or information from other agencies. (3) The Department is entitled to rely on the criminal records, child abuse and neglect records and information, foster care and adult protective services records and information or child abuse and neglect information until notified that the information has been changed or corrected in a manner that would alter the the Department's decision. (4) To preserve the confidentiality of the records and the privacy of the subject individual, any contested case hearing will not be open to the public unless requested by the subject individual. (5) A subject individual who is also an employee of the licensing unit of the Department and who is determined unsuitable for enrollment in the Central Background Registry may appeal the determination through either the contested case process or applicable personnel rules, policies and collective bargaining provisions. A subject individual's decision to appeal a determination through personnel rules, policies and collective bargaining provisions shall constitute an election of remedies as to the rights of the subject individual with respect to the disqualification determination and shall constitute waiver of the contested case process. Statutory/Other Authority: ORS 329A.030(7) Statutes/Other Implemented: ORS 329A.030; HB 2259 (2017) History: DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024 DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024 ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018 ELD 7-2016, f. & cert. ef. 12-19-16 ELD 3-2015, f. & cert. ef. 2-3-15 CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10 CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10 CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03 CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98
414-070-0100 Electronic Procurement System (OregonBuys) (1) The Electronic Procurement System, known as OregonBuys, an Internet-based, on-line system, is the official publication forum for state Procurement notices and advertisements, as functionality allows, by the Department. (2) The Department must use OregonBuys or other Electronic Procurement System approved by the Designated Procurement Director to comply with the reporting requirements for: (a) Agreements under ORS 190 in accordance with OAR 414-070-0330; and (b) Special Procurements in accordance with 137-047-0285 (12). (3) In accordance with ORS 200.035, any applicable related Governor’s Executive Order regarding Oregon Minority-owned, Women-owned, Veteran-owned, and Emerging Small Businesses, and applicable related Department of Administrative Services statewide policy, the Department must use OregonBuys or other Electronic Procurement System approved by the Designated Procurement Director, to: (a) Give Timely Notice of the Department’s intent to advertise or solicit Bids or Proposals; and (b) Give Timely Notice when the Contract is awarded. As used in ORS 200.035 and this rule, “Timely Notice” means at the time the Department advertises or solicits Bids or Proposals and at the time the Department publicly releases the Contract. Statutory/Other Authority: ORS 279A.065(5)(a) & ORS 279A.070 Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.065, ORS 279A.070 & ORS 279A.140 History: DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024
414-070-0300 Contract Administration; General Provisions (1) Authority. Procurements include Contract Administration. The Authority for the Department to conduct Contract Administration is found in OAR 414-070-0010 and is subject to the requirements of ORS 279A.159 and OAR 414-070-0005. (2) Contract Administrator. The Department must appoint, in Writing, a Contract Administrator to represent the Department for each Contract. The Contract Administrator may delegate in Writing a portion of the Contract Administrator's responsibilities to a technical representative for specific day-to-day administrative activities for each Contract. Statutory/Other Authority: ORS 279A.065(5)(a) Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.050, ORS 279A.070, ORS 279A.065(5) & ORS 279A.159 History: DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024
414-070-0310 Procurement Files (1) Application. This rule applies to Procurement Files. (2) Required Documentation. All Procurement Files must contain: (a) All Written documents delivered to an Agency from the Department, whether the documents relate to approvals, revocations, orders, modifications, or other actions (Actions), related to the documents’ subject matter and Action; (b) An executed Contract, if awarded, and any Ordering Instruments and Amendments (collectively, Contract); (c) The record of the actions used to develop and administer the Contract; (d) A copy of the Solicitation, if any; (e) The Contract Administrator and any delegates; (f) Any required findings or statement of justification for the selection of the Provider and sourcing method according to ORS 279A.200 through 279A.220 (Cooperative Procurement); 279B.055 through 085 (seven methods for Supplies and Services); 279C.100 through 279C.125 (Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services); or ORS 279C.300 through 279C.450 (Public Improvements); (g) Documentation of Contract Administration according to OAR 414-070-0300 and if required by the selected procurement method: (A) A list of prospective Providers notified of any Solicitation; (B) The method used to advertise or notify prospective Providers; (C) A copy of each Offer that resulted in the Award of a Contract; (D) The record of any Negotiation of the Statement of Work and results; (E) All information describing how the Provider was selected, including the method and basis for awarding the Contract; (F) A copy of the Request for Special Procurement, if any; (G) Documentation related to Cooperative Procurements according to OAR 137-027-0290. (3) Time Period. The Department must maintain Procurement Files, including all documentation, for a period in compliance with OAR 166-300-0015(8) and any other applicable laws. Statutory/Other Authority: ORS 279A.050 & ORS 279A.065(5)(a) Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.065(5), ORS 279A.070 & ORS 279A.140 History: DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024
414-070-0330 ORS 190 Agreements (Intergovernmental) (1) Reporting 190 Agreements through OregonBuys. If the Department enters into an agreement under ORS 190.110, 190.420 or 190.485, or an agreement under ORS 190.112 or under ORS 660.342, the Department must submit a summary of the agreement through OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer within the 30-day period immediately following the effective date of the agreement. The summary must include the following information: (a) Names of the parties to the agreement; (b) Date of the agreement; (c) Subject matter of the agreement; and (d) The Department through which a person may obtain a copy of the agreement. (2) Interstate and International Agreements. Following ORS 190, the Department may enter into Interstate and International Agreements through negotiation, direct award, direct appointment, or in any other manner that satisfies the legal requirements for such Agreements. (3) Tribal Agreements. Following ORS 190, the Department may enter into Tribal Agreements through negotiation, direct award, direct appointment, or in any other manner that satisfies the legal requirements for such Agreements. (4) Interagency and Intergovernmental Agreements. Following ORS 190, the Department may enter into Interagency and Intergovernmental Agreements through negotiation, direct award, direct appointment, or in any other manner that satisfies the legal requirements for such Agreements. (5) All Interstate, International, Tribal, Interagency and Intergovernmental Agreements, when required, are subject to review and approval by the Attorney General. Statutory/Other Authority: ORS 279A.065(5)(a) & ORS 279A.070 Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 190.110,, ORS 190.112, ORS 190.420, ORS 190.485, ORS 279B.085, ORS 660.342 & ORS 279A.070 History: DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024
414-070-0360 Fragmentation A Procurement may not be artificially divided or fragmented so as to constitute a Small Procurement, pursuant to ORS 279B.065, or an Intermediate Procurement, pursuant to ORS 279B.070. Statutory/Other Authority: ORS 279A.065(5)(a) & ORS 279A.070 Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.015 & ORS & 279B.065 History: DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024
414-070-0370 Selling or Leasing Supplies and Services; Policy; Applicability; Methods (1) Policy. A sound and responsive Public Contracting system, according to ORS 279A.015, may include purchasing, selling, and leasing activities. By definition, a Public Contract includes sales and leases by the Department according to ORS 279A.010(1)(z). The policies of ORS 279A.015 apply to public selling and leasing activities. (2) Applicability. This rule applies to the sales and leases of Supplies and Services. This rule does not apply to residential property or the public selling activity of the Department, if the Department is specifically exempted from the Public Contracting Code by another provision of law or specifically authorized to conduct public selling or leasing activity by another provision of law. The sale or lease of Supplies and Services includes but is not limited to: concessions, software rights, and personal property. (3) Methods. The Department must use a method, as feasible for selling or leasing, according to ORS 279B.055 through 279B.085. For the sale of Goods, the value of the sale transactions for the purpose of selecting the appropriate sourcing method must be based on the gross amount of receipts. Statutory/Other Authority: ORS 279A.065(5)(a) & ORS 279A.070 Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.010(x),, ORS 279A.070, ORS 279A.050(1)(2 & ORS 279A.015 History: DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024
414-070-0390 Practices Regarding Electronic Goods Procurement (1) ORS 279B.025 requires the Department to establish procurement practices that ensure, to the maximum extent economically feasible, Procurement of Goods that may be recycled or reused when discarded. (2) The Department must procure Electronic Goods in a manner that includes consideration of the impact of the electronic goods upon the environment and public health, in addition to consideration of economic and community interests, in accordance with goals of Sustainability pursuant to ORS 184.423. The Department may consult with stakeholders to develop procedures or guidelines for the Procurement of Electronic Goods. Statutory/Other Authority: ORS 279A.065(5)(a) Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279B.025, ORS 279A.070 & ORS 279B.280 History: DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024
414-070-0410 Approval of Information Technology or Telecommunications Procurements (1) For any Procurement of Information Technology or Telecommunications with an anticipated Contract Price of $1,000,000.00 or more, the Department must obtain prior Written approval from the State Chief Information Officer. In addition, and regardless of the anticipated Contract Price the Department must obtain any review or approval the State Chief Information Officer may require in accordance with ORS 184.477, 279A.050, 279A.075, and 279B.075 (HB 3099) or ORS 279B.030 (SB 1539). (2) In accordance with OAR 414-070-0380 (7), the Department conducts a cost analysis in accordance with ORS 279B.033 or makes a determination under ORS 279B.036 in connection with a procurement for services related to information technology must provide the State Chief Information Officer and the Legislative Fiscal Office with copies of the final cost analysis the Department prepared under ORS 279B.033 or the final determination the Department made under ORS 279B.036. For purposes of this subsection, information technology is defined in ORS 291.045(1) and includes, but is not limited to, all present and future forms of hardware, software, and services for data processing, office automation, and telecommunications. Statutory/Other Authority: ORS 279A.065(5)(a) Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 184.477, ORS 279A.070, ORS 279A.050, ORS 279A.075 & ORS 279B.030 History: DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024
414-070-0420 Ethics in Public Contracting; Policy These Rules supplement and do not replace ORS 244.010 through 244.400, for the purpose of applying the policy of ORS 244.010 to Oregon Public Contracting under the Public Contracting Code and these Rules. Oregon Public Contracting is a public trust. The Department and Contractors involved in Public Contracting must safeguard this public trust. Statutory/Other Authority: ORS 279A.065(5)(a) Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.015, ORS 279A.070 & ORS 279A.140 History: DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024
414-070-0430 Specifications (1) The Department must not develop Specifications that primarily benefit a Provider, directly or indirectly, to the detriment of the Department or the best interest of the State. (2) The Department must not develop Specifications that inhibit or tend to discourage Public Contracting under other public procurement laws or policies of the Department of Administrative Services. Statutory/Other Authority: ORS 279A.065(5)(a) Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.015, ORS 279A.070 & ORS 279A.140 History: DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024
414-075-0000 Applicability of Rules (1) Except as otherwise specified, these rules apply to all licensed, license-exempt, exempt, and unlicensed child care providers and facilities including: (a) All licensed facilities including registered family child care homes, certified family child care homes, certified child care centers, certified school-aged child care centers, and certified outdoor nature-based child care programs; (b) License-exempt child care and exempt care facilities that are required by statute to only employ or contain individuals who are enrolled in the Central Background Registry, including but not limited to, recorded programs and subsidized care facilities. (c) Exempt care facilities providing or claiming to be providing care defined to not be child care in ORS 329A.250(4)(b)(A) through (H); and (d) Facilities, providers, and persons providing or alleged to be providing unlawful care as defined in OAR 414-075-0230. (2) These rules supplant and do not supersede the rules contained in Chapter 414, Divisions, 61, 175, 180, 205, 305, 310, 320, 350, 400, 425, and 450 and pertaining to specific child care program types. In the event of a conflict between such rules and these rules, these rules control. (3) If any court of law finds that any clause, phrase, or provision of these rules is unconstitutional or invalid for any reason whatsoever, this finding shall not affect the validity of the remaining portion of these rules. Statutory/Other Authority: ORS 183.459, ORS 329A.346, ORS 329A.350 & ORS 329A.360 Statutes/Other Implemented: ORS 183.459, ORS 329A.346, ORS 329A.350 & ORS 329A.360 History: DELC 2-2025, amend filed 03/26/2025, effective 07/01/2025 DELC 136-2023, adopt filed 12/06/2023, effective 12/07/2023 ELD 9-2023, temporary adopt filed 06/28/2023, effective 07/01/2023 through 12/27/2023
414-150-0050 Purpose (1) The purpose of these rules is to set forth standards to be followed when entering into contracts with programs to provide child care services to Special Population clients. (2) These rules implement elements of federal Child Care and Development (CCDF) State Plan for funds received under the federal Child Care and Development Block Grant Act of 2014, and Chapter 45, Code of Federal Regulations, Parts 98 and 99. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 329A.010 Statutes/Other Implemented: ORS 329A.500 & ORS 329A.010 History: DELC 60-2023, minor correction filed 11/21/2023, effective 11/21/2023 ELD 1-2016, f. & cert. ef 1-25-16 CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 410-100-0050 HR 26-1992, f. & cert. ef. 8-27-92 HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92