Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 13 - CRIMINAL RECORDS CHECK RULES › Section 259-013-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 259, division 013, unless the context of
				the rule requires otherwise, the following definitions apply:
(1) "Approved" means that a criminal records
			 check has been completed on an individual and the Department has not identified
			 any criminal record that would make the individual ineligible for licensure or
			 certification.
(2) "Authorized
			 Designee" means a person who is authorized by the Department to receive, review
			 and process criminal history information.
(3) "Conviction" means that a person was
			 convicted in a court of law. Entering a plea of "guilty" or "no contest" is
			 also considered a conviction for the purpose of these rules unless a subsequent
			 court decision has dismissed the charges. An expunged juvenile or adult record
			 may be considered a conviction under these rules for purposes of eligibility
			 for licensure or certification.
(4)
			 Criminal History Information" means criminal justice records, fingerprints,
			 court records, sexual offender registration records, warrants, DMV information,
			 information provided on a Department form, and any other information obtained
			 by or provided to the Department. "Criminal history information" may include
			 violations or infractions for purposes of eligibility for licensure or
			 certification.
(5) "Criminal
			 Records Check" means the Oregon Criminal Records Check and, when required, a
			 National Criminal Records Check or a State-Specific Criminal Records Check, and
			 the processes and procedures required by these rules.
(6) "Denied" means a criminal records check
			 has been completed on an individual and the individual is ineligible to obtain
			 licensure or certification.
(7)
			 "Department" means the Oregon Department of Public Safety Standards and
			 Training.
(8) "National Criminal
			 Records Check" means obtaining and reviewing criminal records nationwide or
			 from states or jurisdictions other than Oregon. This information may be
			 obtained from the Federal Bureau of Investigation through the use of
			 fingerprint cards and from other criminal information resources.
(9) "Oregon Criminal Records Check" means
			 obtaining and reviewing information from the Oregon State Police's Law
			 Enforcement Data System (LEDS). The Oregon Criminal Records Check may also
			 include, but is not limited to: Oregon Justice Information Network (OJIN),
			 Oregon Department of Corrections records, Motor Vehicles Division, local or
			 regional criminal records information systems, or other official law
			 enforcement agency or court records in Oregon.
(10) "Potentially Disqualifying Crime" means
			 a crime listed or described in OAR 259-013-0260.
(11) "Records Information" includes criminal
			 justice records, fingerprints, court records, sexual offender registration
			 records, warrants, arrests, DMV information, information provided on the
			 Department's criminal records check forms, and any other information obtained
			 by or provided to the Department for the purpose of conducting a fitness
			 determination.
(12) "State-Specific
			 Criminal Records Check" means obtaining and reviewing information from law
			 enforcement agencies, courts or other criminal records information resources
			 located in a state or jurisdiction outside Oregon.
(13) "Subject individual" means a person for
			 whom a criminal records check is required pursuant to these rules.
Statutory/Other Authority: ORS
				  181A.195 & ORS
				  181A.400
Statutes/Other Implemented: ORS
				  181A.400