Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 72 - LICENSING GENERALLY › Section 836-072-0020 - Crimes Relevant to a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
The following crimes are relevant to a fitness determination
				under OAR 836-072-0001  to 836-072-0045, to the extent not inconsistent with ORS
				670.280:
(1) Permanent review crimes.
ORS 162.015, Bribe giving; ORS
				162.025, Bribe receiving; ORS
				162.065, Perjury; ORS
				162.117, Public investment
				fraud; ORS 162.235, Obstructing
				governmental or judicial administration; ORS
				162.265, Bribing a witness; ORS
				162.275, Bribe receiving by a
				witness; ORS 162.285, Tampering with a
				witness; ORS 162.305, Tampering with public
				records;ORS 162.325, Hindering prosecution;
				ORS 162.355, Simulating legal
				process; ORS 162.365, Criminal impersonation;
				ORS 162.367, Criminal impersonation
				of peace officer; ORS
				162.405, Official misconduct II;
				ORS 162.415, Official misconduct I;
				ORS 162.425, Misuse of confidential
				information; ORS 163.005, Criminal homicide; ORS
				163.095, Aggravated murder; ORS
				163.115, Murder; ORS
				163.118, Manslaughter I; ORS
				163.125, Manslaughter II; ORS
				163.145, Criminally negligent
				homicide; ORS 163.160, Assault IV; ORS
				163.165, Assault III; ORS
				163.175, Assault II; ORS
				163.185, Assault I; ORS
				163.187, Strangulation; ORS
				163.200, Criminal mistreatment
				II; ORS 163.205, Criminal mistreatment
				I; ORS 163.207, Female genital
				mutilation; ORS 163.208, Assault of Public
				Safety Officer; ORS 163.225, Kidnapping II; ORS
				163.235, Kidnapping I; ORS
				163.257, Custodial interference
				I; ORS 163.275, Coercion; ORS
				163.355, Rape III; ORS
				163.365, Rape II; ORS
				163.375, Rape I; ORS
				163.385, Sodomy III; ORS
				163.395, Sodomy II; ORS
				163.405, Sodomy I; ORS
				163.408, Unlawful Sexual
				penetration II; ORS 163.411, Unlawful Sexual
				penetration I; ORS 163.425, Sexual abuse II; ORS
				163.427, Sexual abuse I; ORS
				163.452, Custodial sexual
				misconduct I; ORS 163.454, Custodial sexual
				misconduct II; ORS 163.465, Public indecency; ORS
				163.479, Unlawful contact with
				child; ORS 163.515, Bigamy; ORS
				163.525, Incest; ORS
				163.535, Abandonment of a child;
				ORS 163.537, Buying or selling a
				person under 18 years of age; ORS
				163.547, Child neglect I; ORS
				163.670, Using child in display
				of sexually explicit conduct; ORS
				163.684, Encouraging child
				sexual abuse I; ORS 163.686, Encouraging child
				sexual abuse II; ORS 163.687, Encouraging child
				sexual abuse III; ORS
				163.688, Possession of materials
				depicting sexually explicit conduct of a child I; ORS
				163.689, Possession of materials
				depicting sexually explicit conduct of a child II; ORS
				163.732, Stalking; ORS
				164.055, Theft I;
ORS 164.057, Aggravated theft I; ORS
				164.075, Theft by extortion; ORS
				164.085, Theft by deception; ORS
				164.095, Theft by receiving, if
				a felony; ORS 164.125, Theft of services; ORS
				164.135, Unauthorized use of a
				vehicle; ORS 164.140, Criminal possession of
				rented or leased personal property, if a felony; ORS
				164.162, Mail theft or receipt
				of stolen mail; ORS 164.170, Laundering a monetary
				instrument; ORS 164.172, Engaging in a financial
				transaction in property derived from unlawful activity; ORS
				164.215, Burglary II; ORS
				164.225, Burglary I; ORS
				164.325, Arson I;
ORS 164.377, Computer crime; ORS
				164.395, Robbery III; ORS
				164.405, Robbery II; ORS
				164.415, Robbery I; ORS
				165.007, Forgery II;
ORS 165.013, Forgery I; ORS
				165.017, Criminal possession of
				a forged instrument II; ORS
				165.022, Criminal possession of
				a forged instrument I; ORS
				165.032, Criminal possession of
				a forgery device; ORS
				165.042, Fraudulently obtaining
				a signature; ORS 165.055, Fraudulent use of a
				credit card; ORS 165.065, Negotiating a bad
				check, if a felony; ORS
				165.070, Possessing fraudulent
				communications device; ORS
				165.074, Unlawful factoring of
				payment card transaction; ORS
				165.080, Falsifying business
				records; ORS 165.085, Sports bribery; ORS
				165.090, Sports bribe receiving;
				ORS 165.095, Misapplication of
				entrusted property; ORS
				165.100, Issuing a false
				financial statement; ORS
				165.577, Cellular counterfeiting
				III; ORS 165.579, Cellular counterfeiting
				II; ORS 165.581, Cellular counterfeiting
				I; ORS 165.692, Making false claim for
				health care payment, if a felony; ORS
				165.800, Identity theft; ORS
				165.810, Unlawful possession of
				a personal identification device; ORS
				165.813, Unlawful possession of
				fictitious identification; ORS
				166.155, Intimidation II; ORS
				166.165, Intimidation I; ORS
				166.270, Possession of weapons
				by certain felons; ORS
				166.272, Unlawful possession of
				machine guns, certain short-barreled firearms and firearm silencers; ORS
				166.350, Unlawful possession of
				armor piercing ammunition; ORS
				166.370, Possession of firearm
				or dangerous weapon in public building or court facility; exceptions;
				discharging firearm at school; ORS
				166.410, Manufacturing,
				importation or sale of firearms; ORS
				166.429, Firearms used in
				felony; ORS 166.720, Racketeering activity
				unlawful; ORS 167.167, Cheating ORS
				167.212, Tampering with drug
				records; ORS 181.599, Failure to report as
				sex offender; ORS 192.852/865, Prohibition on
				obtaining or disclosing of protected information; ORS
				475.840, Prohibited acts
				generally (regarding drug crimes); ORS
				475.904, Unlawful manufacture or
				delivery of controlled substance within 1000 feet of school; ORS
				475.906, Penalties for
				distribution to minors; ORS
				475.908, Causing another person
				to ingest a controlled substance; ORS
				475.910, Application of
				controlled substance to the body of another person; ORS
				475.914, Prohibited acts for
				registrants (with the State Board of Pharmacy; regarding felony crimes); ORS
				475.916, Prohibited acts
				involving records and fraud; ORS
				475.918, Falsifying drug test
				results; ORS 475.920, Providing drug test
				falsification equipment; ORS
				475.967, Possession of precursor
				substance with intent to manufacture controlled substance; Any felony under the
				Oregon Labor Code (ORS Chapters 651-663), the Oregon Vehicle Code (ORS Chapter
				801-826), or the Occupations and Professions Code (ORS Chapters 670-704); Any
				federal crime, US Military crime, or international crime; Any unclassified
				felony defined in Oregon Revised Statutes not listed elsewhere in this rule;
				Any other felony under the statutes of Oregon or any other jurisdiction not
				listed elsewhere in this rule that the authorized designee determines is
				relevant to performance of the applicant within the scope of the license for
				which issuance or renewal has been applied, subject to ORS
				670.280; Any crime of attempt,
				solicitation or conspiracy to commit a crime listed in this section pursuant to
				ORS 161.405,
				161.435, or
				161.450; Any crime based on
				criminal liability for conduct of another pursuant to ORS
				161.155, when the underlying
				crime is listed in this section; Any crime in any other jurisdiction that is
				the substantial equivalent of any of the Oregon crimes listed in this section
				as determined by the authorized designee;
(2) Ten-year review crimes:
ORS 133.076, Failure to appear on
				criminal citation; ORS
				162.075, False swearing; ORS
				162.085, Unsworn falsification;
				ORS 162.145, Escape III; ORS
				162.175, Unauthorized departure;
				ORS 162.185, Supplying contraband;
				ORS 162.195, Failure to appear II;
				ORS 162.205, Failure to appear I;
				ORS 162.247, Interfering with a
				peace officer or parole & probation officer; ORS
				162.295, Tampering with physical
				evidence; ORS 162.369, Possession of false law
				enforcement identification card; ORS
				162.385, Giving false
				information to police officer for a citation or arrest warrant; ORS
				163.245, Custodial interference
				II; ORS 163.415, Sexual abuse III; ORS
				163.435, Contributing to the
				sexual delinquency of a minor; ORS
				163.445, Sexual misconduct; ORS
				163.467, Private indecency; ORS
				163.476, Unlawfully being in a
				location where children congregate; ORS
				163.545, Child neglect II; ORS
				163.555, Criminal nonsupport;
				ORS 163.575, Endangering the welfare
				of a minor; ORS 163.693, Failure to report child
				pornography; ORS 163.700, Invasion of personal
				privacy; ORS 163.750, Violating court's
				stalking protective order; ORS
				164.043, Theft III; ORS
				164.045, Theft II; ORS
				164.095, Theft by receiving, if
				a misdemeanor; ORS 164.140, Criminal possession of
				rented or leased personal property, if a misdemeanor; ORS
				164.235, Possession of burglar's
				tools or theft device; ORS
				164.255, Criminal trespass I;
				ORS 164.265, Criminal trespass while
				in possession of firearm; ORS
				164.272, Unlawful entry into
				motor vehicle; ORS 164.315, Arson II; ORS
				164.335, Reckless burning; ORS
				164.354, Criminal Mischief II;
				ORS 164.365, Criminal Mischief I;
				ORS 165.037, Criminal simulation;
				ORS 165.065, Negotiating a bad
				check, if a misdemeanor; ORS
				165.102, Obtaining execution of
				documents by deception; ORS
				165.540, Obtaining contents of
				communication; ORS 165.543, Interception of
				communications; ORS 165.570, Improper use of
				emergency reporting system; ORS
				165.572, Interference with
				making a report; ORS 165.577, Cellular counterfeiting
				III; ORS 165.579, Cellular counterfeiting
				II; ORS 165.692, Making false claim for
				health care payment, if a misdemeanor; ORS
				166.065, Harassment; ORS
				166.076, Abuse of a memorial to
				the dead; ORS 166.190, Pointing firearm at
				another; ORS 166.220, Unlawful use of weapon;
				ORS 166.240, Carrying of concealed
				weapon; ORS 166.250, Unlawful possession of
				firearms; ORS 166.382, Possession of
				destructive device prohibited; ORS
				166.416, Providing false
				information in connection with a transfer of a firearm; ORS
				167.065, Furnishing obscene
				materials to minors; ORS
				167.070, Sending obscene
				materials to minors; ORS
				167.075, Exhibiting an obscene
				performance to a minor; ORS
				167.080, Displaying obscene
				materials to minors; ORS
				167.090, Publicly displaying
				nudity or sex for advertising purposes; ORS
				167.222, Frequenting a place
				where controlled substances are used; ORS
				167.322, Aggravated animal abuse
				I; ORS 411.630, Unlawfully obtaining
				public assistance; ORS
				411.640, Unlawfully receiving
				public assistance; ORS
				411.675, Submitting wrongful
				claim or payment (e.g., public assistance); ORS
				411.840, Unlawfully obtaining or
				disposing of food stamp benefits; Any Class A misdemeanor under the Oregon
				Labor Code (ORS Chapters 651-663), the Oregon Vehicle Code (ORS Chapter
				801-826), or the Occupations and Professions Code (ORS Chapters 670-704); Any
				unclassified misdemeanor defined in Oregon's or any other jurisdiction's
				statutes and not listed elsewhere in this rule; Any other misdemeanor under the
				statutes of Oregon or any other jurisdiction and not listed elsewhere in this
				rule that the authorized designee determines is relevant to performance of the
				applicant within the scope of the license for which application is made,
				subject to ORS 670.280; Any crime of attempt,
				solicitation or conspiracy to commit a crime listed in this section pursuant to
				ORS 161.405,
				161.435, or
				161.450; Any crime based on
				criminal liability for conduct of another pursuant to ORS
				161.155, when the underlying
				crime is listed in this section; Any crime in any other jurisdiction that is
				the substantial equivalent of any of the Oregon crimes listed in this section
				as determined by the authorized designee;
(3) Five-year review crimes.
ORS 162.365, Criminal impersonation;
				ORS 162.375, Initiating a false
				report; ORS 163.190, Menacing; ORS
				163.195, Recklessly endangering
				another person; ORS 164.243, Criminal trespass II by
				a guest; ORS 164.245, Criminal trespass II;
				ORS 164.345, Criminal mischief III;
				ORS 166.180, Negligently wounding
				another; ORS 412.074, Unauthorized use and
				custody of records of temporary assistance for needy families program; ORS
				412.099, Sharing assistance
				prohibited; ORS 416.990, False or fraudulent
				statements/information; ORS
				830.053, Fraudulent report of
				theft of boat; ORS 830.475(1),
				Failure to perform the duties of an operator (boat);
ORS 830.730, False information to
				peace officer or State Marine Board;
Any crime of attempt, solicitation or conspiracy to commit a
				crime listed in this section pursuant to ORS
				161.405,
				161.435 or
				161.450; Any crime based on
				criminal liability for conduct of another pursuant to ORS
				161.155, when the underlying
				crime is listed in this section; Any crime in any other jurisdiction that is
				the substantial equivalent of any of the Oregon crimes listed in this section
				as determined by the authorized designee.
(4) An authorized designee shall evaluate a
			 crime on the basis of Oregon laws and, if applicable, federal laws or the laws
			 of any other jurisdiction in which a criminal records check indicates an
			 applicant may have committed a crime, as those laws are in effect at the time
			 of the fitness determination.
(5)
			 An applicant may not be denied issuance or renewal of a license on the basis of
			 the existence or contents of a juvenile record that has been expunged pursuant
			 to ORS 419A.260 and
			 419A.262.
Stat. Auth.: ORS
				  181.534,
				  705.135,
				  731.244
Stats. Implemented: ORS
				  181.534,
				  705.141,
				  744.001,
				  744.059,
				  744.326