Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 3 - EMPLOYEE CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 863-003-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 863, division 3, unless the context
				requires otherwise, the following definitions apply:
(1) "Agency" means the State of Oregon Real
			 Estate Agency.
(2) "Approved" means
			 that, pursuant to a criminal background check, an authorized designee has
			 determined that a subject individual is fit to be an employee, contractor,
			 vendor, or volunteer through a criminal background fitness
			 determination.
(3) "Authorized
			 Designee" means a person authorized by the Real Estate Commissioner to obtain
			 and review criminal offender information and other criminal records information
			 about a subject individual through criminal records checks and other means, and
			 to conduct a criminal background fitness determination in accordance with these
			 rules.
(4) "Conviction" means that
			 a court of law has entered a final judgment on a verdict or finding of guilty,
			 a plea of guilty, or a plea of nolo contendere (no contest), or any
			 determination of guilt entered by a court of law against a subject individual
			 in a criminal case, unless that judgment has been reversed or set aside by a
			 subsequent court decision.
(5)
			 "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,
			 and confinement, but does not include records retained by OSP relating to
			 either transfer of inmates (between penal institutions or other correction
			 facilities), or inmate release. It also includes the OSP Computerized Criminal
			 History System.
(6) "Crime Relevant
			 to a Criminal Background Fitness Determination" means a crime listed or
			 described in OAR 863-003-0060.
(7)
			 "Criminal Background Fitness Determination" means a determination made by an
			 authorized designee regarding whether a subject individual is fit to be an
			 employee, contractor, vendor, or volunteer.
(8) "Criminal Records Check and Criminal
			 Background Fitness Determination Rules" or "These Rules" means OAR chapter 863,
			 division 3.
(9) "Criminal Records
			 Check" means obtaining and reviewing criminal records as required or permitted
			 by these rules and includes any or all of the following:
(a) A check of criminal offender information
			 and driving records conducted through the Law Enforcement Data System (LEDS)
			 maintained by the OSP in accordance with the rules adopted and procedures
			 established by OSP (LEDS Computerized Criminal Records Check);
(b) A check of Oregon or other state criminal
			 offender information, including through fingerprint identification or other
			 means, conducted by the OSP at the Agency's request (Oregon State Criminal
			 Records Check); or
(c) A nationwide
			 check of federal criminal offender information, including through fingerprint
			 identification, conducted by the OSP through the Federal Bureau of
			 Investigation or otherwise at the Agency's request (Nationwide Criminal Records
			 Check).