Or. Admin. Code § 414-061-0045
Current through Register Vol. 63, No. 10, October 1, 2024
Section 414-061-0045 - Disqualifying Conditions for Enrollment(1) A subject individual has a disqualifying condition and is ineligible for enrollment in the Central Background Registry if such individual: (a) Refuses to consent to the Department's criminal background check or required fingerprinting;(b) Knowingly makes or has knowingly made a materially false statement in connection with their application for initial enrollment or renewal of their enrollment in the Central Background Registry, including but not limited to the required criminal background check, or the individual's records or history related to child abuse and neglect, foster care, or adult protective services;(c) Is registered, or is required to be registered, on any State, tribal, or US territory sex offender registry or repository or the National Sex Offender Registry; or(d) Has been convicted of a felony or misdemeanor consisting of: (A) Aggravated murder, murder, criminal homicide, aggravated vehicular homicide, or manslaughter in the first degree as defined by ORS 163.005, ORS 163.095, ORS 163.115, ORS 163.118, or ORS 163.149;(B) Child abuse or neglect, or other crimes against children as defined by ORS 163.207, ORS 163.405, ORS 163.408, ORS163.432, ORS 163.433, ORS 163.435, ORS 163.525, ORS 163.535, ORS 163.537, ORS 163.545, ORS 163.547, ORS 163.555, ORS 163.575, ORS 163.670, ORS 163.684, ORS 163.686, ORS 163.687, ORS 163.688, or ORS 163.689;(C) A crime involving rape, sexual assault, sexual abuse, sodomy, sexual misconduct or other sexual offenses as defined by; ORS 163.365, ORS 163.375, ORS 163.385, ORS 163.395, ORS 163.405, ORS 163.408, ORS 163.411, ORS 163.413, ORS 163.415, ORS 163.425, ORS 163.427, 163.445, ORS 163.452, or ORS 163.454, or any crime listed in definition of sex crime in ORS 163A.005.(D) Kidnapping or trafficking in persons as defined by ORS 163.225, ORS 163.235 or ORS 163.266;(E) Arson as defined in ORS 164.315 or ORS 164.325;(F) Physical assault or battery as defined by ORS 163.165, ORS 163.175, ORS 163.185, ORS 163.187; ORS 163.160(3)-(5); or(G) A drug-related offense under ORS chapter 475 or 475B, or defined under 167.262, committed during the preceding five years, that results in the conviction of the subject individual of a Class A felony, Class B felony, Class C felony, or a Class A Misdemeanor.(H) Sexual assault of an animal as defined in ORS 167.333(2) These rules also apply to: (a) A conviction of a crime in another jurisdiction which is the substantial equivalent of a crime listed Section 1(d);(b) An adjudication of guilt by reason of insanity, of an act that is the substantial equivalent of a crime listed in section 1(d);(c) An adjudication by a juvenile court that a youth has committed an act that is the substantial equivalent of a crime listed in Section 1(d);(d) Any attempts, conspiracies or solicitations to commit any Felony or Misdemeanor crime listed in Section 1(d);(e) A new crime, adopted by the legislature following the most recent amendment of these rules, which is the substantial equivalent of any crimes listed in Section 1(d);(f) Any crime that is no longer codified in Oregon, but which is the substantial equivalent of any of the crimes listed in Section 1(d).Or. Admin. Code § 414-061-0045
ELD 3-2018, adopt filed 02/08/2018, effective 9/30/2018; ELD 8-2018, temporary amend filed 09/28/2018, effective 09/30/2018 through 03/28/2019; ELD 10-2019, amend filed 03/28/2019, effective 3/28/2019; ELD 15-2019, temporary amend filed 05/30/2019, effective 5/30/2019 through 11/25/2019; ELD 18-2019, amend filed 08/13/2019, effective 8/13/2019; ELD 2-2020, amend filed 01/30/2020, effective 1/30/2020; ELD 15-2022, minor correction filed 10/04/2022, effective 10/4/2022; DELC 12-2023, temporary amend filed 09/28/2023, effective 9/28/2023 through 3/25/2024; DELC 13-2024, amend filed 02/28/2024, effective 2/28/2024Statutory/Other Authority: ORS 329A.030
Statutes/Other Implemented: ORS 329A.030