Oregon Administrative Rules › Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION › Division 7 - CRIMINAL RECORDS CHECK RULES › Section 575-007-0210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 575-007, unless the context of the rule requires
				otherwise, the following definitions apply:
(1) "Approved" means that a criminal records
			 check and any required fitness determination has been completed on a subject
			 individual and the subject individual is eligible to be an employee, volunteer,
			 or contractor in positions covered by these rules.
(2) "Authorized Designee" means a person who
			 is authorized by the Commission to receive and process criminal records check
			 request forms signed by subject individuals and other criminal records
			 information. The authorized designee conducts fitness determinations under the
			 authority of the Commission.
(3)
			 "Contact Person" means a person who is authorized by the Commission to receive
			 and process criminal records check request forms signed by subject individuals,
			 but who is not authorized to receive other criminal records information. The
			 contact person is not allowed to make fitness determinations.
(4) "Conviction" means that the subject
			 individual 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 is not considered a conviction under these rules.
(5) "Criminal Records Check Rules" or "These
			 Rules" means OAR chapter 575, division 007.
(6) "Criminal Records Check" or "CRC" means
			 the Oregon Criminal Records Check and when required, a National Criminal
			 Records Check and/or a State-Specific Criminal Records Check, and the processes
			 and procedures required by these rules.
(7) "Denied" means that a criminal records
			 check and subsequent fitness determination, including a weighing test, has been
			 completed on a subject individual and the subject individual has been found to
			 be not eligible to be an employee or volunteer in positions covered by these
			 rules.
(8) "The Commission" means
			 the Higher Education Coordinating Commission.
(9) "Hiring on a Preliminary Basis" means a
			 subject individual is hired on a preliminary basis and allowed by the
			 authorized designee to participate in the training for, orientation to, and
			 work activities of the positions covered by these rules following submission of
			 a completed OSAC Criminal Records Request form and subject to a final fitness
			 determination. The term "hiring on a preliminary basis" is applicable only
			 during the timeframe prior to a final fitness determination. See OAR
			 575-007-0310. An employee on trial service cannot appeal a termination except
			 through the terms of the collective bargaining agreement.
(10) "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 (FBI) through the use of fingerprint cards and
			 from other criminal information resources.
(11) "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 a review of information from the Oregon Judicial Information Network
			 (OJIN), Oregon Department of Corrections records, Motor Vehicles Division
			 (DMV), local or regional criminal records information systems, or other law
			 enforcement agency or court records in Oregon.
(12) "Potentially Disqualifying Crime" means
			 a crime listed or described in OAR 575-007-0280.
(13) "Records Information" includes criminal
			 justice records, fingerprints, court records, sexual offender registration
			 records, warrants, arrests, DMV information, information provided on the
			 Commission's criminal records check forms, and any other information obtained
			 by or provided to the Commission for the purpose of conducting a fitness
			 determination.
(14) "Related"
			 means spouse, domestic partner, natural parent, child, sibling, adopted child,
			 adoptive parent, stepparent, stepchild, stepbrother, stepsister, father-in-law,
			 mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
			 grandparent, grandchild, aunt, uncle, niece, nephew or first cousin.
(15) "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.
(16)
			 "Subject Individual": see OAR 575-007-0220.
(17) "Weighing Test" means a process carried
			 out by the authorized designee in which information is considered to determine
			 if a subject individual is approved or denied. See OAR 575-007-0320(5)(c).
Stat. Auth.: ORS 348; Ch. 730 2005 OL, HB. 2157 2005
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Stats. Implemented: Ch. 730 2005
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