Or. Admin. Code § 333-125-0060

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-125-0060 - Initial Investigation

(1) Before allowing an individual unescorted access to materials and devices containing category 1 or category 2 radioactive materials, licensees shall complete a background investigation of the individual seeking unescorted access authorization. The scope of the investigation must encompass at least the seven years preceding the date of the background investigation or since the individual's 18th birthday, whichever is shorter.

(2) The background investigation must include at a minimum:

(a) Fingerprinting and an FBI identification and criminal history records check in accordance with OAR 333-125-0075 through 333-125-0080;

(b) Verification of true identity. Licensees shall verify the true identity of the individual who is applying for unescorted access authorization to verify that the applicant is who he or she claims to be. A licensee shall review official identification documents such as driver's license; passport; government identification; certificate of birth issued by the state, province, or country of birth and compare the documents to personal information data provided by the individual to identify any discrepancy in the information.

(A) Licensees shall document the type, expiration, and identification number of the identification document, or maintain a photocopy of identifying documents on file in accordance with OAR 333-125-0090; and

(B) Licensees shall certify in writing that the identification was properly reviewed, and shall maintain the certification and all related documents for review upon inspection.

(c) Employment history verification. Licensees shall complete employment and military history verification. Licensees shall verify the individual's employment with each previous employer for the most recent seven years before the date of application.

(d) Verification of education. Licensees shall verify that the individual participated in the education process during the claimed period.

(e) Character and reputation determination. Licensees shall complete reference checks to determine the character and reputation of the individual who has applied for unescorted access authorization. Unless other references are not available, reference checks may not be conducted with any person who is known to be a close member of the individual's family, including but not limited to the individual's spouse, parents, siblings, or children, or any individual who resides in the individual's permanent household. Reference checks under this division must be limited to whether the individual has been and continues to be trustworthy and reliable.

(A) The licensee shall also, to the extent possible, obtain independent information to corroborate that provided by the individual such as seeking references not supplied by the individual; and

(B) If a previous employer, educational institution, or any other entity with which the individual claims to have been engaged fails to provide information or indicates an inability or unwillingness to provide information within a time frame deemed appropriate by the licensee but at the least after 10 business days of the request or if the licensee is unable to reach the entity, the licensee shall document the refusal, unwillingness or inability in the record of investigation; and attempt to obtain the information from an alternate source.

Or. Admin. Code § 333-125-0060

PH 19-2015, f. 9-30-15, cert. ef. 10/1/2015; PH 25-2016, f. 8-26-16, cert. ef. 9/1/2016

Stat. Auth.: ORS 453.635

Stats. Implemented: ORS 453.635