Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 120 - LICENSING PROCEDURES › Section 462-120-0055 - State and Nationwide Criminal Records Checks; Fitness Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of these rules is to provide
			 for the reasonable screening of applicants and licensees in order to determine
			 if they have a history of criminal behavior such that they are not fit to be
			 granted or renewed a license that is issued by the commission.
(2) Fingerprints may be required of
			 applicants on a case-by-case basis in order to complete a national criminal
			 background investigation. In the case of a corporation or partnership,
			 fingerprints may be required from the authorized agent and any other individual
			 shareholder or owner the commission or its designated representative may deem
			 appropriate.
(a) These fingerprints will be
			 provided on prescribed forms made available to the commission. Fingerprints may
			 be obtained by designated commission staff, a law enforcement office, or at a
			 private service acceptable by the commission. The commission will submit
			 fingerprints to the Oregon Department of State Police to conduct a national
			 criminal records check. Following the submission, all fingerprint cards will be
			 destroyed by the Oregon Racing Commission. All background checks shall be
			 requested to include available state and national data, unless obtaining one or
			 the other is an acceptable alternative. The costs of the criminal record check,
			 including a nationwide fingerprint-based criminal records check, shall be the
			 responsibility of the commission.
(b) The board of stewards on behalf of the
			 commission shall determine whether an applicant or licensee is fit to be
			 granted a license based on criminal records background check, racing license
			 history, financial records, any false statements made by the applicant or
			 licensee regarding his/her background, any refusal to submit or consent to a
			 criminal records check including fingerprint identification, and any other
			 pertinent information obtained as part of an investigation. If a licensee is
			 determined to be unfit, the applicant may not be granted a license. The
			 applicant may be granted the ability to conduct business in his occupational
			 category on a temporary basis until such time as the background investigation
			 is complete.
(c) In order to
			 conduct the Oregon and national criminal records check and fitness
			 determination, the commission may require additional information from the
			 licensee or applicant 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.
(d) The commission may consider any
			 conviction of any violation of the law for which the court could impose a
			 punishment. When making a fitness determination based on criminal record, the
			 commission shall consider:
(A) The nature of
			 the crime;
(B) The facts that
			 support the conviction or pending indictment or that indicate the making of the
			 false statement;
(C) The relevancy,
			 if any, of the crime or the false statement to the specific requirements of the
			 applicant's or licensee's present or proposed license; and
(D) Intervening circumstances relevant to the
			 responsibilities and circumstances of the license, intervening circumstances
			 include but are not limited to:
(i) The
			 passage of time since the commission of the crime;
(ii) The age of the applicant or licensee at
			 the time of the crime;
(iii) The
			 likelihood of a repetition of offenses or of the commission of another
			 crime;
(iv) The subsequent
			 commission of another relevant crime;
(v) Whether the conviction was set aside and
			 the legal effect of setting aside the conviction.
(E) If the applicant discontinues the
			 application process or fails to cooperate with the criminal records check
			 process, the application is considered incomplete.