Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 15 - LAW ENFORCEMENT DATA SYSTEM (LEDS) › Section 257-015-0050 - User Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "User Agreement" - Any agency using a terminal to access the Law Enforcement
			 Data System, whether directly or through another agency, is responsible for
			 adhering to all applicable LEDS rules and policies and must sign an agreement
			 with LEDS to that effect.
(2)
			 "Record Validation" - Any agency that enters information into LEDS or NCIC
			 files is responsible for the accuracy, timeliness and completeness of that
			 information. LEDS will send a record validation review list, regularly, to each
			 agency. Validation is accomplished by reviewing the original entry and current
			 supporting documents. Recent reconsultation with any appropriate complainant,
			 victim, prosecutor, court, motor vehicle registry files, or other appropriate
			 source or individual also is required with respect to the Wanted Person,
			 Missing Person, and Vehicle Files. In the event the agency is unsuccessful in
			 its attempts to contact the victim, complainant, etc., the entering authority
			 must make a determination based on the best information and knowledge available
			 whether or not to retain the original entry in the file. Validation procedures
			 must be formalized and copies of these procedures must be on file for review
			 during a LEDS or NCIC audit. When the agency has completed the validation they
			 must return a signed certification of their validity within an appropriate time
			 as established by LEDS.
(3)
			 "Minimum Training" - Each agency employee who operates a terminal to access the
			 LEDS network must complete a LEDS System Training Guide at a level consistent
			 with the employee's duties. Pursuant to procedures outlined in the LEDS
			 Operating Manual, the agency LEDS Representative must issue a Training Guide to
			 such employees within ten (10) calendar days of the person beginning to access
			 LEDS via a terminal. The Training Guide must be completed within 60 calendar
			 days from the date of issue. Each employee who operates a terminal to access
			 LEDS must be re-certified by the agency every two years per schedules and
			 procedures as prescribed by LEDS.
(4) "Hit Confirmation" - When another agency
			 receives a positive record response (Hit) from LEDS or NCIC and requests
			 confirmation of the status of the record (warrant, stolen vehicle, etc.), the
			 agency responsible for entry of the record must respond within 10 minutes for
			 urgent hit confirmation requests or within one (1) hour for routine hit
			 confirmation requests, with an answer indicating the status of the record or
			 indicating when the record status will be confirmed.
(5) "Agency LEDS Representatives" - The
			 agency administrator of each agency with terminal access to LEDS must designate
			 an agency LEDS Representative who shall be the primary contact for all matters
			 relating to use of LEDS by the agency. The agency LEDS Representative must
			 complete the LEDS System Training Guide before a training guide will be issued
			 to other agency employees. The agency LEDS Representative must complete a LEDS
			 System Training Guide at the highest level required by any person in the agency
			 before a training guide will be issued to other agency personnel. Every LEDS
			 Representative must satisfactorily complete no less than the Inquiry Level
			 Training Guide.
(6) "Background
			 Checks of Terminal Operators Required" - Policies for access to the FBI-NCIC
			 system require background screening of all terminal operators with access to
			 the NCIC system. For efficiency and consistency, the key elements of the NCIC
			 background screening policies are also adopted for all LEDS access, as follows:
(a) Appropriate Background investigations,
			 including a check of LEDS and NCIC fugitive warrant files, the Oregon
			 computerized criminal history (CCH) system, and the FBI Interstate
			 Identification Index (III), must be conducted on all terminal operators with
			 LEDS access. To assure positive identification, submission of a completed
			 applicant fingerprint card to the FBI Identification Division through the
			 Oregon State Police Identification Services Section is also required;
(b) If the applicant is found to be a
			 fugitive or to be the subject of a current prosecution, access will be denied.
			 If the applicant has been convicted of a crime which could have resulted in a
			 sentence to a Federal or State penitentiary, access will be denied;
(c) Exceptions to denials based upon prior
			 criminal convictions may be made in extraordinary circumstances upon
			 application by the user agency to the Superintendent of State Police setting
			 forth the circumstances. The Superintendent or his/her designee will maintain a
			 central file where such exception authorizations shall be filed.