Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 72 - LICENSING GENERALLY › Section 836-072-0040 - Recordkeeping and Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An authorized designee must document in writing a preliminary or final fitness
			 determination or the closing of a fitness determination due to
			 incompleteness.
(2) All records
			 that the Department receives from the Oregon Department of State Police
			 resulting from a criminal records check, including but not limited to LEDS
			 reports and state or federal criminal offender information originating with the
			 Oregon Department of State Police or the Federal Bureau of Investigation, are
			 confidential pursuant to ORS
			 181.534(15) and
			 federal laws and regulations.
(3)
			 Within the Department, only authorized designees may have access to records the
			 Department receives from the Oregon Department of State Police resulting from a
			 criminal records check.
(4) An
			 authorized designee has access to records received from the Oregon Department
			 of State Police in response to a criminal records check only if the authorized
			 designee has a demonstrated and legitimate need to know the information
			 contained in the records.
(5) An
			 authorized designee must maintain and disclose records received from the Oregon
			 Department of State Police resulting from a criminal records check in
			 accordance with applicable requirements and restrictions in ORS chapter 181 and
			 other applicable federal and state laws, rules adopted by the Oregon Department
			 of State Police pursuant to ORS chapter 181 (see OAR chapter 257, division 15),
			 OAR 836-072-0001  to 836-072-0045, federal regulations and any written agreement
			 between the Department and the Oregon Department of State Police.
(6) If a fingerprint-based criminal records
			 check was conducted with regard to an applicant, the Department shall permit
			 the applicant to inspect the applicant's own state and federal criminal
			 offender information, unless prohibited by federal law.
(7) If an applicant asks to inspect criminal
			 offender information under section (6) of this rule requests, the Department
			 shall provide the applicant with a copy of the applicant's own state and
			 federal criminal offender information, unless prohibited by law. The Department
			 shall require sufficient identification from the applicant to determine the
			 applicant's identity before providing the criminal offender information to the
			 applicant. The Department shall require that the applicant sign a receipt
			 confirming the applicant's receipt of the criminal offender information, except
			 that if the criminal offender information is provided through discovery under
			 OAR 836-072-0035, the Department must keep a record of the information provided
			 to the applicant.
(8) The
			 Department shall treat all records received or created under OAR 836-072-0001  to 836-072-0045  that concern the criminal history of an applicant, other than
			 records received from the Oregon Department of State Police, including DCBS
			 Criminal Records Request forms and fingerprint cards, as confidential pursuant
			 to ORS 181.534(15).
			 Within the Department, only authorized designees may have access to the
			 records. An authorized designee may have access to the records only if the
			 authorized designee has a demonstrated and legitimate need to know the
			 information contained in the records.
(9) Except as otherwise provided by law, an
			 applicant shall have access to the records referred to in section (8) of this
			 section pursuant to the terms of the Public Records Law, ORS
			 192.410 to
			 192.505.
Stat. Auth.: ORS
				  181.534,
				  705.135,
				  731.244
Stats. Implemented: ORS
				  181.534,
				  705.141,
				  744.001,
				  744.059,
				  744.326