Or. Admin. Code § 407-007-0020
Current through Register Vol. 63, No. 10, October 1, 2024
Section 407-007-0020 - Criminal History Check Required(1) SIs must have a criminal records check in the following circumstances: (a) If an individual becomes an SI on or after the effective date of these rules.(b) Except as provided in section (2) of this rule, if the individual, whether previously considered an SI or not, changes positions, and the position requires a criminal records check. (A) Change in a position may include but is not limited to promotion, transfer, demotion, re-employment, any return after break in service, temporary hire, agency temporary hire, temporary hire to permanent hire, lateral transfer from one district or unit to another district or unit, job rotation, rotation to permanent, developmental assignment, work out of class, work out of class to permanent, direct appointment, restoration, layoff, or recall. Change in a position also includes a substantial change in job duties indicating more responsibility or access in the duties as described in OAR 407-007-0060(3), as written in the SI's position description.(B) Change in a position would not include a lateral transfer in which the SI maintains the same position title, same classification withing the same unit or district, and with the same job duties as written in the SI's position description.(c) If the Department has reason to believe that a criminal records check is justified. Examples include but are not limited to credible evidence of new potentially disqualifying convictions or conditions by an SI or quality assurance monitoring of a previously conducted criminal records check.(d) If the SI's position requires use or access to CJI, or CJIS clearance pursuant to the FBI CJIS Security Policy, version 5.9.4 (12/20/2023) or current version.(e) If the SI's position in state services requires use or access to FTI, the SI must have a new criminal records check every five years.(2) Human Resources may determine that conducting a new criminal records check and fitness determination for an employee is not required.(a) After submission of a criminal records check, Human Resources may consider ending the criminal records check if:(A) The SI who has been offered a new position has completed a previous criminal records check and fitness determination with an outcome of approved; and(B) There has been no break in employment with the Department.(b) Human Resources may cease the criminal records check without making a new fitness determination if there is no indication of new potentially disqualifying crimes or conditions, and at least one of the following is true: (A) The previous criminal records check identified no potentially disqualifying crimes or conditions as defined at that time and Human Resources determines that the previous fitness determination is sufficient for the new position.(B) Human Resources determines that the new position requires the same or less responsibility or access in the duties as described in OAR 407-007-0060(3).(3) All SIs shall notify Human Resources within five days of being arrested, charged, or convicted of any crime.Or. Admin. Code § 407-007-0020
DHSD 2-2008(Temp), f. & cert. ef. 3-31-08 thru 9-26-08; DHSD 7-2008, f. 8-29-08, cert. ef. 9-1-08; DHSD 9-2009, f. 12-31-09, cert. ef. 1-1-10; DHSD 2-2016(Temp), f. & cert. ef.1-14-16 thru 7-11-16; DHSD 4-2016, f. 6-9-16, cert. ef. 6/15/2016; DHSD 12-2018, temporary amend filed 06/29/2018, effective 07/01/2018 through 12/27/2018; DHSD 32-2018, amend filed 11/28/2018, effective 12/1/2018; DHSD 18-2019, temporary amend filed 09/26/2019, effective 9/27/2019 through 03/24/2020; DHSD 2-2020, amend filed 02/10/2020, effective 2/10/2020; DHS 24-2021, amend filed 12/15/2021, effective 12/17/2021; DHS 8-2024, amend filed 03/26/2024, effective 3/27/2024Statutory/Other Authority: ORS 181A.195, 181A.200 & 409.050
Statutes/Other Implemented: ORS 181A.195, 181A.200 & 409.010