reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 85 - PARKING AND TRAFFIC ENFORCEMENT REGULATIONS › Section 574-085-0000 - Authority to Establish Motor Vehicle Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
Authority to establish regulations governing the use of all motor vehicles on the Western Oregon University (Western) campus for visitors, faculty, staff and students, is derived from Oregon Revised Statute 352.360 and action of The Oregon State Board of Higher Education pursuant to such statute. The rules and regulations as published herein were approved by the Office of the Chancellor and are filed with the Secretary of State in accordance with the provisions of ORS 183.310 to 183.500. Strict enforcement of these regulations is necessary to maintain safety on campus parking facilities and streets, reduce congestion, enhance security, and effectively maximize utilization of parking facilities.
Stat. Auth.: ORS 351 & 352
Stats. Implemented: ORS 352.360
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 85 - PARKING AND TRAFFIC ENFORCEMENT REGULATIONS › Section 574-085-0010 - Application of Motor Vehicle Laws of the State of Oregon and the City of Monmouth

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to facilitate the operation of campus traffic flow and parking lots of the University, the following rules and regulations are hereby established and are enforceable under authority provided by ORS 352.360.
(2) All motor vehicle laws of the State of Oregon including specifically, but not limited by, ORS chapters 801 through 822, together with amendments hereafter adopted, are applicable to the campus of Western Oregon University to the same extent as if this campus and its streets were public highways, and all provisions of said motor vehicle laws are applicable and enforceable. State motor vehicle laws shall apply should any of these parking rules and regulations be found inconsistent and incompatible.
(3) Western Oregon University, through the President and other administrative officers designated by her/him, is hereby authorized to place these rules and regulations into effect and to provide for the enforcement thereof through the appointment of peace officers, public safety officers and parking attendants, pursuant to ORS 352.360(5).
(4) The parking lots are for the use of faculty, staff, students, and guests of the Oregon University System. All persons -- faculty, staff, students, visitors and commercial representatives -- who park in University-owned permit parking lots must obtain and display a permanent or temporary permit or service permit. Vehicles cited for failure to display such permits are subject to penalty as assessed by the University. Western Foundation-owned property may be enforced upon request by the Western Foundation staff for those vehicles found in violation as defined in ORS 98.810-812.
Stat. Auth.: ORS 351.070 & ORS 352. 072
Stats. Implemented: ORS 351.070, ORS 351.072 & ORS 352.360
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 85 - PARKING AND TRAFFIC ENFORCEMENT REGULATIONS › Section 574-085-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of these regulations, the word "parked" means any vehicle which is stopped and/or waiting, regardless of the period of time the vehicle is stopped or whether a driver is present, except for vehicles immobilized by traffic control, congestion, or accident.
(2) The word "vehicle" or "motor vehicle" means any type of motor powered conveyance including, but not limited to, automobiles, trucks, motorcycles, mopeds and all methods of transportation on wheels where license registration is required by motor vehicle laws of Oregon.
(3) A "permit" is a valid decal, hangtag or paper permit as recognized by Parking Services.
(4) A "decal" is the permanent sticker affixed to a vehicle as recognized by Parking Services.
(5) A "hangtag" is the type of permit that hangs from the rearview mirror of a vehicle as recognized by Parking Services.
Stat. Auth.: ORS 351.070 & 352.072
Stats. Implemented: ORS 351.070, 351.072 & 352.360
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 85 - PARKING AND TRAFFIC ENFORCEMENT REGULATIONS › Section 574-085-0030 - Driver Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All persons operating vehicles on the Western campus are responsible for knowing and adhering to the regulations stated herein. The regulations are enforced 24 hours a day, seven days a week, unless otherwise authorized and posted by Parking Services.
(2) The responsibility for locating a legal parking space rests with the operator of the motor vehicle. Lack of space is not a valid excuse for violating any Western parking regulation.
(3) Persons whose motor vehicles have broken down on campus property must immediately notify Public Safety. Major mechanical repairs to vehicles on campus property are prohibited. Abandoned or inoperable motor vehicles remaining on campus property for more than 72 hours may be removed at the owner's expense. Unlicensed vehicles parked on campus will be considered abandoned and subject to removal.
(4) Western assumes no liability for personal injuries, injuries to others, or for the care and/or protection of any vehicle or its contents while the vehicle is operated or parked on campus.
(5) The vehicle registrants or users are responsible for traffic violations on campus involving their vehicles. Failure to pay fines will result in fines being placed on accounts receivable, loss of parking privileges, vehicle immobilized or booted, and/or notification of the Oregon Department of Motor Vehicles when applicable.
Stat. Auth.: ORS 351 & ORS 352
Stats. Implemented: ORS 351.070 & ORS 351.072
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 85 - PARKING AND TRAFFIC ENFORCEMENT REGULATIONS › Section 574-085-0050 - Lost and Stolen Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Permits which are lost or stolen must be reported immediately to Parking Services. They will be replaced for a replacement fee only if the person to whom the permit was originally issued signs an affidavit of loss. A Stolen Permit Report must be filed with the Public Safety Office if the permit has been stolen.
(2) Any vehicle appearing on campus with a permit listed in the Public Safety Office as lost or stolen will be booted or towed immediately upon discovery, and will be subject to a fine, towing and storage costs. Possession of a lost or stolen permit may be grounds for criminal charges and/or University disciplinary action, including revocation of parking privileges indefinitely.
(3) Vehicles bearing forged or altered permits are subject to a fine, criminal proceedings and/or discipline by the University. The car will be booted, impounded and/or towed immediately on discovery and all associated costs are the responsibility of the owner.
Stat. Auth.: ORS 351 & ORS 352
Stats. Implemented: ORS 351.070 & ORS 351.072
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 85 - PARKING AND TRAFFIC ENFORCEMENT REGULATIONS › Section 574-085-0060 - Replacement Decals and Hangtags

Current through Register Vol. 63, No. 7, July 1, 2024
Replacement decals and hangtags: A replacement decal or hangtag may be purchased when the original vehicle is sold, damaged beyond repair, or when the decal or hangtag is lost or damaged. In the event a decal or hangtag is stolen, a report must be filed with the Public Safety Office before a replacement may be issued. A replacement fee will be charged for all stolen decals or hangtags and refunded upon apprehension of the offender.
Stat. Auth.: ORS 351.070 & 352.072
Stats. Implemented: ORS 351.070, 351.072 & 352.360
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 85 - PARKING AND TRAFFIC ENFORCEMENT REGULATIONS › Section 574-085-0080 - Pedestrian Traffic

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Right of Way. Pedestrian traffic shall have the right of way over vehicular traffic in any place in the parking lots, or in any of the University-controlled street areas.
(2) Trespassing. Trespassing in the University-controlled parking lots or street areas may be subject to arrest for criminal trespass under ORS 164.243 and 164.245.
Stat. Auth.: ORS 351 & ORS 352
Stats. Implemented: ORS 352.360
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 85 - PARKING AND TRAFFIC ENFORCEMENT REGULATIONS › Section 574-085-0090 - Parking Review Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Parking Review Committee (PRC) shall act in an advisory capacity and is coordinated by the Parking Services Coordinator or designee. The purpose of the committee is as follows:
(a) Provide recommendations to create or modify traffic policies and procedures on campus;
(b) Act as a quasi-judicial hearing body to arbitrate matters concerning enforcement, parking citations and traffic violations issued by Western officers;
(c) Provide recommendations to Parking Services that will enhance the ability of the office to meet campus needs and plan annual goals and objectives;
(d) Help facilitate system changes among the constituents on campus. Assist in making recommendations and changes in campus rules as they apply to parking lots, safety and system improvements.
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 85 - PARKING AND TRAFFIC ENFORCEMENT REGULATIONS › Section 574-085-0100 - Penalties for Offenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All fines are subject to annual change based on enforcement expenses. (Refer to OAR 574-050-0005  for amounts.):
(a) "No permit" -- No valid permit visible in or on vehicle (7 a.m.-5 p.m.);
(b) "No permit" -- No valid permit visible in or on vehicle (5 p.m.-7 a.m.);
(c) "Loading/Reserved Space/15/30 minute zones";
(d) "Fire Lanes and Driveways" -- parked in marked or posted area;
(e) "Misuse or altered permit" -- altered, counterfeited, defaced, transferred to different vehicle, false vehicle information provided, misused;
(f) "Expired Meter";
(g) "Parking on grass/sidewalks";
(h) "Failure to comply with street/lot signs" including traffic signs on institution property;
(i) "Not a designated stall";
(j) "Wrong lot" -- parked in other than designated lot;
(k) "Permit not properly displayed/affixed to vehicle";
(l) "Vehicle Impoundment/Boot";
(m) "Disabled Space" -- Parking in a space designated for persons with disabilities (ORS 811.615(5));
(n) "Blocking Disabled Space/Area";
(o) "Other" -- including but not limited to parking in reserved spaces, or taking two spaces.
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 85 - PARKING AND TRAFFIC ENFORCEMENT REGULATIONS › Section 574-085-0110 - Enforcement and Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All penalties prescribed in 574-085-0050, other than violations referred to appropriate courts of law as provided in paragraph (4) will be administratively enforced by Western. A traffic citation of notice of offense, together with the scheduled fine, will be given to the violator or placed on the violator's vehicle.
(2) All appeals must be submitted within 10 working days from the date of the citation. Appeals submitted after 10 working days will not be considered for review/appeal unless the person can prove they are indigent, at which time the appeal date may be extended.
(3) The following types of reasons are not acceptable grounds for appeal:
(a) Lack of knowledge of the regulations, for example, "new to campus" or "did not read regulations;"
(b) Other vehicles were also parked improperly;
(c) Late to class or appointment;
(d) Disagreement with or inability to pay the amount of the fine(s);
(e) Lack of space;
(f) Unread or misunderstood signs.
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 85 - PARKING AND TRAFFIC ENFORCEMENT REGULATIONS › Section 574-085-0120 - Permit Types

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Permit prices may be adjusted annually to meet bond indebtedness, staffing needs, maintenance, capital improvements and forecasted revenue adjustments. All permits have associated permit costs. Refer to OAR 574-050-0005  for amounts.
(a) Decals
(b) Hangtags
(c) Paper
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 85 - PARKING AND TRAFFIC ENFORCEMENT REGULATIONS › Section 574-085-0130 - Nonpayment of Fines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A student who fails to tender payment in full to the University for any parking violations received, or fails to appeal as specified on or before the date specified in the traffic citation, will have the fine deducted from any credits/refunds and may be subject to vehicle boot or tow.
(2) Students may have their transcripts withheld or may have their registrations canceled or may be denied graduation if any fines or fees under these regulations are unpaid.
(3) A faculty or staff member who receives a parking citation will have the fine posted to the accounts receivable system at the Business Office.
(4) Drivers of vehicles bearing forged, altered or stolen permits, may be denied parking privileges for a period of one year. Six or more violations resulting in non-payment of citations in a fiscal year may be cause for forfeiture of a parking permit. Failure to forfeit a parking permit or to comply with the instructions against driving a vehicle within the boundaries of the University campus may result in the violator's vehicle being towed or booted.
Stat. Auth.: ORS 351 & ORS 352
Stats. Implemented: ORS 351.070 & ORS 351.072
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 85 - PARKING AND TRAFFIC ENFORCEMENT REGULATIONS › Section 574-085-0140 - Bicycle Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Bicycles must be operated in a safe manner and be equipped in accordance with applicable state laws and city ordinances. Bicyclists shall maintain a safe speed and shall obey all applicable Signage and state, city, and campus laws and regulations regarding bicycle use.
(2) Bicycles must be equipped with a brake that enables the operator to make the braked wheels skid on dry, level, clean pavement.
(3) A bicycle or its rider must be equipped with lighting equipment that must be used during hours of darkness and during limited visibility conditions. The lighting equipment required includes:
(a) A white light attached to the front of the bicycle, visible from a distance of at least 500 feet; and
(b) A red reflector or lighting device or material attached to the rear of the bicycle, visible from a distance of at least 600 feet.
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 90 - ACCESS TO STUDENT HOUSING AT WESTERN OREGON UNIVERSITY › Section 574-090-0000 - Purpose Statement

Current through Register Vol. 63, No. 7, July 1, 2024
Western Oregon University has established this rule to inform the general public of the University's policies and procedures involving access to student housing.
Stat. Auth.: ORS 351 & ORS 352
Stats. Implemented: ORS 351.070
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 90 - ACCESS TO STUDENT HOUSING AT WESTERN OREGON UNIVERSITY › Section 574-090-0010 - Family Housing Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Family Housing" refers to all apartments operated by Western Oregon University which are rented to students and faculty/staff in transition who qualify under these rules to rent such apartments, including all grounds and buildings used by said tenants and/or University Residences staff in the operation and administration of the Family Housing program.
(2) "Family" is a couple recognized as legally married under Oregon law, whether or not with dependent child/children, [or] an unmarried person with legal custody of dependent child/children, or a student/faculty/staff member and his/her domestic partner; the components of the family unit must reside together.
(3) "Dependent" is anyone meeting the dependent definitions as outlined in the Internal Revenue Code.
(4) "Domestic Partnership" is defined as a legal or personal relationship between individuals who live together and share a common domestic life but are not joined in a traditional marriage, a common-law marriage, or a civil union.
Stat. Auth.: ORS 351 & 352
Stats. Implemented: ORS 351.070
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 90 - ACCESS TO STUDENT HOUSING AT WESTERN OREGON UNIVERSITY › Section 574-090-0020 - Family Housing Access Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A student is eligible to apply for and maintain residence in family housing if the student:
(a) Is admitted to Western Oregon University with full time status and in good standing;
(b) Is a member of a "family" as defined in OAR 574-090-0010  and who agrees to supply to the University custody papers, birth certificates, marriage license, letters of admission, proof of domestic partnership, and other relevant documents as required;
(c) Has executed the housing contract.
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 90 - ACCESS TO STUDENT HOUSING AT WESTERN OREGON UNIVERSITY › Section 574-090-0030 - Family Housing Space Assignment

Current through Register Vol. 63, No. 7, July 1, 2024
Family housing space is assigned:
(1) On a first-come first-served basis to any student, faculty or staff member meeting the Family Housing Access Qualifications outlined in OAR 574-090-0020;
(2) As vacancies become available.
Stat. Auth.: ORS 351 & 352
Stats. Implemented: ORS 351.070
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 90 - ACCESS TO STUDENT HOUSING AT WESTERN OREGON UNIVERSITY › Section 574-090-0040 - Family Housing Access Termination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For student occupants, termination of family housing access will be in accordance with the housing contract.
(2) For faculty/staff occupants, termination of family housing access will be one year from the date of check-in. Exceptions to this guideline must be filed by petition with the Office of University Residences.
Stat. Auth.: ORS 351 & 352
Stats. Implemented: ORS 351.070
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 90 - ACCESS TO STUDENT HOUSING AT WESTERN OREGON UNIVERSITY › Section 574-090-0050 - Residence Hall Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During the regular academic year, room assignments are contingent upon the applicant being accepted for admission to the University.
(2) The applicant must be registered as a full time student in good academic standing to remain eligible to live in the residence halls.
(3) Priority for room assignments will be as follows:
(a) First priority is given to first-year-out-of-high school freshman applicants based upon the date the application and required fee are received by the WOU University Residences Office;
(b) Second priority is given to currently housed residents returning for an additional year who have signed up for a room during the advertised period; and
(c) Third priority is given to other new resident applicants based upon the date the application and required fee are received by the WOU University Residences Office.
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 90 - ACCESS TO STUDENT HOUSING AT WESTERN OREGON UNIVERSITY › Section 574-090-0060 - Residence Hall Housing Contract

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each applicant for residence hall accommodations shall be required to sign a Housing Contract before occupying a room.
(2) Upon petition, a resident may be released from their Housing Contract without a penalty, at the discretion of the University. The criteria used in the exercise of such discretion includes:
(a) Health reasons, verified by a licensed physician and/or Western's Student Health Services;
(b) Marriage; upon receipt of a copy of the marriage certificate;
(c) Student teaching, practicums and other University academic programs requiring the student to live in another community;
(d) A qualifying replacement is found to take over the contract, i.e., a student who meets the eligibility requirement and who has not previously contacted the WOU University Residences Office to make arrangements to live in the residence halls.
Oregon Administrative Rules › Chapter 574 - OREGON UNIVERSITY SYSTEM, WESTERN OREGON UNIVERSITY › Division 95 - REVOLVING CHARGE ACCOUNT PLAN › Section 574-095-0010 - Revolving Charge Account Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose Statement: Western Oregon University has established this rule to inform the general public of the University's policies governing its use of revolving charge accounts for all receivables due the university as permitted by OAR 580-040-0041.
(2) Eligibility: The following are eligible to participate in the Revolving Charge Account Plan:
(a) Current and past students, faculty and staff;
(b) Any other person or entity who incurs charges, fines, or penalties at Western Oregon University, including but not limited to library fines, parking fines, facility rental charges, program user charges, and lease agreements.
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 1 - PROCEDURAL RULES › Section 575-001-0000 - Rulemaking Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to the
			 adoption, amendment, or repeal of any rule, except a temporary rule, the Higher
			 Education Coordinating Commission shall give public notice in the manner
			 provided in this rule and hold a hearing on the proposed action.
(2) The public notice shall include the
			 following:
(a) Subject matter and purpose of
			 the intended action in sufficient detail to inform a person that the person's
			 interest may be affected;
(b)
			 Time, place, and manner in which interested persons may present their views on
			 the intended action;
(c) A
			 citation of the statutory or other legal authority for the agency's rulemaking;
(d) A citation of the statute or
			 other law the rule is intended to implement;
(e) A statement of need for the rule and a
			 statement of how the rule is intended to meet that need;
(f) A list of principal documents prepared by
			 or relied upon by the agency in considering the need for the rule and a
			 statement of the location at which those documents are available for public
			 inspection;
(g) A statement of
			 fiscal impact; and
(h) A statement
			 concerning the use or nonuse of an advisory committee.
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 1 - PROCEDURAL RULES › Section 575-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to the provisions of ORS
				183.341, the Higher Education
				Coordinating Commission adopts the Attorney General's Model and Uniform Rules
				of Procedure as codified in the
Attorney General's Administrative Law
				Manual and Uniform and Model Rules of Procedure Under the APA -
				2019.
The full text of the Attorney General's Administrative Law
				  Manual and Uniform and Model Rules of Procedure Under the APA - 2019 is
				  available from the office of the Attorney General or the Higher Education
				  Coordinating Commission.
Statutory/Other Authority: ORS
				  183.341 & ORS
				  350.075
Statutes/Other Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 1 - PROCEDURAL RULES › Section 575-001-0010 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any student or
			 parent in default on any Federal Family Education Loan Program (FFELP) loan
			 (formerly Guaranteed Student Loan/GSL) or any loan made or insured by the
			 Higher Education Coordinating Commission and any student owing a refund on any
			 State grant, or owing a refund or in default on any Title IV federal aid
			 program shall not be eligible to participate in any student assistance program
			 administered by the Commission.
(2) A student or parent who has lost
			 eligibility for the aid programs referenced under section (1) of this rule
			 regains eligibility by meeting the requirements of the Higher Education Act of
			 1965, as amended, and regulations issued thereunder.
Stat. Auth.: ORS 183 & 348
Stats Implemented: ORS
				  348.530
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 1 - PROCEDURAL RULES › Section 575-001-0015 - Right of Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
A student who is denied participation in any student assistance
				program administered by the Higher Education Coordinating Commission may appeal
				the denial to the Commission. The appeal shall be submitted in writing a
				minimum of ten days before the meeting at which the appeal is to be considered.
Stat. Auth.: ORS 348
Stats. Implemented: HB 2249 & the Higher Education Act of
				  1965 as amended
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 1 - PROCEDURAL RULES › Section 575-001-0030 - Licensing, Suspension, and Renewal Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A State of Oregon licensing board,
			 agency, or commission that is authorized by statute shall refuse to renew or
			 may suspend a certificate, license, or registration of a person, or place the
			 person on probation, if the person is in default in repayment of any student
			 loan guaranteed or insured by the Higher Education Coordinating Commission and
			 is not paying in a satisfactory manner as defined by federal regulation.
(2) The Higher Education
			 Coordinating Commission shall identify which entities it is feasible to enter
			 into an agreement with, to design and implement a process for conducting
			 database matches and notification procedures.
(3) The Higher Education Coordinating
			 Commission shall notify the defaulted loan borrower in writing that failure to
			 pay satisfactorily may result in a refusal to issue or renew, a suspension or a
			 placement on probation on any license, certificate or registration. The notice
			 shall provide the defaulted student loan borrower with an administrative
			 process to challenge the default status of any loan and an opportunity to
			 object to the collection of the debt according to
			 34 CFR
			 30.20 to
			 30.33
			 and  34 CFR 682.410.
(4) The Higher
			 Education Coordinating Commission shall inform defaulted borrowers and
			 participating boards, agencies and commissions as outlined in ORS 348.397 -
			 348.399.
Stat. Auth.: ORS 183.325, 690.005 - 690.235 & 348
Stats. Implemented: HB 2337, 1995 Legislative
				  Assembly
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 1 - PROCEDURAL RULES › Section 575-001-0035 - Appointment and Authority of Executive Director

Current through Register Vol. 63, No. 7, July 1, 2024
The Executive Director of the Higher Education Coordinating
				Commission shall appoint a qualified person to hold the position of Executive
				Director of the Office of Student Access and Completion. The Executive Director
				shall have the authority to direct all activities of the agency including, but
				not limited to, developing the agency's biennial and interim budget requests,
				overseeing all management functions of the agency such as authorizing
				expenditures and fees, employing and dismissing staff, entering into contracts
				and any other activity necessary to direct the functions of the agency on a
				daily basis.
Stat. Auth.: ORS 183 & 348
Stats. Implemented: ORS 183 &
				  348
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 7 - CRIMINAL RECORDS CHECK RULES › Section 575-007-0200 - Statement of Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The purpose of these rules is to
			 provide for the reasonable screening of subject individuals in order to
			 determine if they have a history of criminal behavior such that they are not
			 fit to work or volunteer in positions covered by OAR
			 575-007-0220(2)(a)-(g).
(2) Authority. These rules are authorized
			 under ORS 348, Chapter 730 (2005 Laws), H.B. 2157 (2005 Laws)
(3) When Rules Apply. These rules are to be
			 applied when obtaining the criminal history of a subject individual and
			 conducting fitness determinations based upon such history. The fact that a
			 subject individual is approved does not guarantee employment or
			 placement.
Stat. Auth.: ORS 348; Ch. 730 2005 OL, HB. 2157 2005 OL
Stats. Implemented: Ch. 730 2005 OL
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 7 - CRIMINAL RECORDS CHECK RULES › Section 575-007-0220 - Subject Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 used in OAR 575-007, "Subject Individual" means a person from whom the
			 Commission may require fingerprints for the purpose of conducting a state or
			 nationwide criminal records check.
(2) The Commission may require the
			 fingerprints of a person who is employed by or applying for employment with the
			 Commission or provides services or seeks to provide services to the Commission
			 as a contractor or volunteer and is, or will be, working or providing services
			 in a position in which:
(a) The person has
			 direct access to facilities where students reside or to persons under 18 years
			 of age, elderly persons or persons with disabilities;
(b) The person 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;
(c) The person has access to information, the
			 disclosure of which is prohibited by state or federal laws, rules or
			 regulations or information that is defined as confidential under state or
			 federal laws, rules or regulations. Such information may include Social
			 Security numbers, driver license numbers, medical information, personal
			 financial information or criminal history information;
(d) The person has payroll
			 functions;
(e) The person has
			 responsibility for receiving, receipting or depositing money or negotiable
			 instruments;
(f) The person has
			 responsibility for billing, collections or other financial
			 transactions;
(g) The person 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.
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 7 - CRIMINAL RECORDS CHECK RULES › Section 575-007-0230 - Criminal Records Check Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Who Conducts Check.
(a) The Commission may request that the
			 Department of State Police conduct a criminal records check on a subject
			 individual. If a nationwide criminal records check of a subject individual is
			 necessary, the Commission may request that the Department of State Police
			 conduct the check, including fingerprint identification, through the Federal
			 Bureau of Investigation.
(b) The
			 Commission may conduct criminal records checks on subject individuals through
			 the Law Enforcement Data System maintained by the Department of State Police in
			 accordance with rules adopted, and procedures established, by the Department of
			 State Police.
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 7 - CRIMINAL RECORDS CHECK RULES › Section 575-007-0240 - Contact Person and Authorized Designee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Requirements. All requirements in this
			 section must be completed within a 90-day time period and prior to performing
			 any duties as a contact person or authorized designee. To be approved by the
			 Commission, all contact persons and authorized designees must:
(a) Apply to and be registered by the
			 Commission. The application must be in writing on a form provided by the
			 Commission.
(b) Be approved by the
			 Commission after completing both an Oregon and a national criminal records
			 check in accordance with these rules or Oregon State Police rules and must
			 have:
(A) No conviction for a potentially
			 disqualifying permanent review crime,
(B) No convictions for any other crime in the
			 past fifteen years, and
(C) No
			 outstanding warrants, registration as a sex offender in Oregon or any other
			 jurisdiction, or any other condition identified in OAR 575-007-0290.
(c) Complete a training program
			 and successfully pass any testing as required by the Commission.
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 7 - CRIMINAL RECORDS CHECK RULES › Section 575-007-0250 - Oregon Criminal Records Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Forms Required. The OSAC Criminal Records
			 Request form must be filled out and signed by the applicant/employee. This form
			 indicates what identifying and other information is required from the subject
			 individual to begin the CRC. All information provided by the employee/applicant
			 must be truthful, accurate and current.
(2) Processing.
(a) The Commission obtains criminal records
			 information from the Oregon State Police Law Enforcement Data System and from
			 other sources of criminal, judicial and motor vehicle information.
(b) Only an authorized designee, may perform
			 the following duties:
(A) Receive and evaluate
			 Oregon criminal records information from the Oregon State Police as allowed by
			 applicable statutes, or
(B) Conduct
			 fitness determinations.
(c) The Commission or the authorized designee
			 may require that a subject individual obtain and provide additional criminal,
			 judicial or other background information.
(d) Criminal records information obtained
			 from the Law Enforcement Data System must be handled in accordance with
			 applicable Oregon State Police requirements in ORS chapter 181 and OAR chapter
			 257, division 15.
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 7 - CRIMINAL RECORDS CHECK RULES › Section 575-007-0260 - State-Specific Criminal Records Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) State-Specific Check. Notwithstanding the
			 provisions of OAR
			 575-007-0270,
			 the Commission may conduct a state-specific criminal records check in lieu of a
			 national check when the Commission has reason to believe that out-of-state
			 history may exist and that a nationwide criminal records check is not
			 warranted.
(2) Supplement to
			 National Check. The Commission may conduct a state-specific check in addition
			 to a national check in order to clarify incomplete or conflicting
			 information.
(3) Additional
			 Information Required. In order to conduct a state-specific check and complete a
			 fitness determination, the Commission or the authorized designee may require
			 additional information from the subject individual as necessary, such as but
			 not limited to proof of identity, residential history, names used while living
			 at each residence, or additional criminal, judicial, or other background
			 information.
Stat. Auth.: ORS 348; Ch. 730 2005 OL, HB. 2157 2005 OL
Stats. Implemented: Ch. 730 2005 OL
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 7 - CRIMINAL RECORDS CHECK RULES › Section 575-007-0270 - National Criminal Records Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) National Criminal Records Check. In
			 addition to an Oregon check (OAR
			 575-007-0250), a national criminal records check will be required by the Commission under
			 any of the following circumstances:
(a)
			 Out-of-State Residency. The subject individual has lived outside Oregon for 60
			 or more consecutive days during the previous five (5) years.
(b) Out-of-State Residency for Postsecondary
			 Students. During the previous five (5) years, the subject individual has lived
			 outside Oregon for 90 or more consecutive days or for more than one academic
			 term or semester as part of a study-abroad program, an academic exchange,
			 extended research project, or a similar program or activity.
(c) Criminal History Outside Oregon. The LEDS
			 check, or any other information obtained by the Commission, indicates there may
			 be criminal history outside of Oregon, or the subject individual self-discloses
			 criminal history outside of Oregon.
(d) Identity or History Questioned. The
			 social security number appears not to be valid or is not provided to the
			 Commission on the OSAC Criminal Records Request form, the subject individual
			 has no Oregon driver's license or Oregon identification card, or the Commission
			 has other reason to question the identity or history of the subject
			 individual.
(e) Required by Other
			 Laws or Regulations. A check is required by federal or state laws or
			 regulations, other rules adopted by the Commission, or by contract or written
			 agreement with the Commission.
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 7 - CRIMINAL RECORDS CHECK RULES › Section 575-007-0275 - Imminent Danger

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Commission determines there is an indication of criminal behavior that could
			 pose a potential immediate threat to safety or security while performing the
			 functions covered by OAR
			 575-007-0220(2)(a)-(g),
			 the Commission may authorize a new criminal records check without the
			 completion of a new OSAC Criminal Records Request form.
(2) If the Commission determines that a
			 fitness determination based on the new criminal records check may be adverse to
			 the subject individual, the Commission will provide the subject individual the
			 opportunity to disclose criminal history and other information as indicated in
			 OAR
			 575-007-0300  before completing the fitness determination.
Stat. Auth.: ORS 348; Ch. 730 2005 OL, HB. 2157 2005 OL
Stats. Implemented: Ch. 730 2005 OL
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 7 - CRIMINAL RECORDS CHECK RULES › Section 575-007-0290 - Other Potentially Disqualifying Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
The following are potentially disqualifying conditions:
(1) False Statement. A "false statement" by
			 the subject individual to the authorized designee or agency, including
			 provision of materially false information, false information regarding criminal
			 history, or failure to disclose information regarding criminal
			 history.
(2) Sex Offender. The
			 subject individual is a registered sex offender in Oregon or any other
			 jurisdiction.
(3) Warrants. An
			 outstanding warrant against the subject individual for any crime in any
			 jurisdiction.
(4) Deferred
			 Sentence, Diversion Program, Parole or Probation. The subject individual has a
			 deferred sentence, conditional discharge, is participating in a diversion
			 program, or has not completed a required diversion program or any condition of
			 post-prison supervision, parole or probation, for any potentially disqualifying
			 crime listed in OAR
			 575-007-0280.
(5) Parole or Probation Violation. A
			 post-prison supervision, parole or probation violation during the previous five
			 years for any potentially disqualifying crime listed in OAR
			 575-007-0280.
(6) Unresolved Arrests, Charges or
			 Indictments. An unresolved arrest, charge, or a pending indictment, for a
			 potentially disqualifying crime. (Example: An unresolved arrest for a ten-year
			 review crime during the previous ten years).
(7) Adjudication. Adjudication in a juvenile
			 court, finding that the subject individual was responsible for a potentially
			 disqualifying crime. Consideration of the adjudication of a potentially
			 disqualifying crime will follow the review periods for crimes listed in OAR
			 575-007-0280.
(8) Guilty Except for Insanity. A finding of
			 "guilty except for insanity", "guilty except by reason of insanity", "not
			 guilty by reason of insanity" or similarly worded disposition regarding a
			 potentially disqualifying crime listed in OAR
			 575-007-0280.
			 Consideration of the guilty except for insanity finding of a potentially
			 disqualifying crime will follow the review periods for crimes listed in OAR
			 575-007-0280.
Stat. Auth.: ORS 348; Ch. 730 2005 OL, HB. 2157 2005 OL
Stats. Implemented: Ch. 730 2005 OL
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 7 - CRIMINAL RECORDS CHECK RULES › Section 575-007-0300 - Other Information Considered

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Consideration of Other Information. When
			 other information is disclosed by the subject individual, or is otherwise known
			 by the authorized designee, the authorized designee must consider such
			 information in addition to potentially disqualifying crimes and conditions when
			 making the fitness determination, including but not limited to:
(a) Circumstances regarding the potentially
			 disqualifying crimes and conditions. These may include, but are not limited to:
(A) Age of the subject individual at time of
			 the crime;
(B) Details of incidents
			 leading to the charges of potentially disqualifying crimes or resulting in
			 potentially disqualifying conditions;
(C) Facts that support or contradict the
			 conviction, pending indictment, the making of a false statement, or other
			 potentially disqualifying condition; or
(D) Consideration of Oregon or federal laws,
			 regulations, or rules covering the position, facility or employer in regard to
			 the potentially disqualifying crimes or conditions.
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 7 - CRIMINAL RECORDS CHECK RULES › Section 575-007-0310 - Hiring on a Preliminary Basis

Current through Register Vol. 63, No. 7, July 1, 2024
A subject individual may participate in training, orientation,
				and work activities prior to a final fitness determination only under the
				following conditions and will be considered to be hired on a preliminary basis:
(1) OSAC Criminal Records Request
			 Form Completed. An OSAC Criminal Records Request form must have been completed
			 by the subject individual and reviewed by the authorized designee.
(2) Preliminary Fitness Determination
			 Required. A preliminary fitness determination must have been completed pursuant
			 to OAR 575-007-0320.
(3) Active
			 Supervision. A subject individual who is hired on a preliminary basis must be
			 actively supervised at all times by someone who is approved pursuant to these
			 rules.
(a) Duties. The person providing
			 active supervision at all times must meet all of the following conditions:
(A) Know where the person hired on a
			 preliminary basis is and what the person is doing; and
(B) Periodically observe the actions of the
			 person hired on a preliminary basis.
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 7 - CRIMINAL RECORDS CHECK RULES › Section 575-007-0320 - Fitness Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Fitness Determination Before Work or Placement. The Commission must not allow a
			 subject individual to participate in training, orientation, or work activities
			 prior to a fitness determination.
(2) Termination Following Denial. When a
			 subject individual is denied, the individual must not be allowed to work,
			 volunteer or be trained in an environment covered by these rules and must be
			 terminated immediately. A denial applies only to the position and application
			 in question.
(3) Preliminary
			 Fitness Determination. A preliminary fitness determination must be completed
			 prior to allowing a subject individual to be hired on a preliminary basis. The
			 preliminary fitness determination must be made by an authorized designee. A
			 person hired on a preliminary basis must meet all the criteria in either
			 subsection (a) or (b) as listed below:
(a) No
			 Indication of Potentially Disqualifying Crime. If there is no indication of a
			 potentially disqualifying crime or condition on the OSAC Criminal Records
			 Request form and the authorized designee or contact person has no reason to
			 believe the subject individual has potentially disqualifying history, the
			 subject individual may be hired on a preliminary basis.
(b) Self-Disclosed Criminal History. When a
			 subject individual discloses a conviction or arrest for a potentially
			 disqualifying crime in any jurisdiction, or any other potentially disqualifying
			 condition, the individual may be hired on a preliminary basis only after a
			 preliminary fitness determination using a weighing test is completed by an
			 authorized designee.
Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 7 - CRIMINAL RECORDS CHECK RULES › Section 575-007-0330 - Contesting a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Work Pending Appeal Prohibited. If a
			 subject individual is denied, then that person may not hold the position or be
			 employed.
(2) History Disputed.
(a) Correcting Disputed History. If a subject
			 individual wishes to challenge the accuracy or completeness of information
			 provided by the Oregon State Police, the Federal Bureau of Investigation or
			 other agencies reporting information to the Commission, the subject individual
			 may appeal to the entity providing the information. Such challenges are not
			 subject to the Commission's appeal process described in this rule.
(b) Request for Re-Evaluation Following
			 Correction. If the subject individual successfully contests the accuracy or
			 completeness of information provided by the Oregon State Police, the Federal
			 Bureau of Investigation or other agency reporting information to the
			 Commission, the Commission will conduct a new criminal records check and
			 re-evaluate the criminal history upon submission of a new criminal records
			 request form.