Or. Admin. Code § 575-007-0240

Current through Register Vol. 63, No. 10, October 1, 2024

Section 575-007-0240 - Contact Person and Authorized Designee

(1) Requirements. All requirements in this section must be completed within a 90-day time period and prior to performing any duties as a contact person or authorized designee. To be approved by the Commission, all contact persons and authorized designees must:

(a) Apply to and be registered by the Commission. The application must be in writing on a form provided by the Commission.

(b) Be approved by the Commission after completing both an Oregon and a national criminal records check in accordance with these rules or Oregon State Police rules and must have:

(A) No conviction for a potentially disqualifying permanent review crime,

(B) No convictions for any other crime in the past fifteen years, and

(C) No outstanding warrants, registration as a sex offender in Oregon or any other jurisdiction, or any other condition identified in OAR 575-007-0290.

(c) Complete a training program and successfully pass any testing as required by the Commission.

(2) Denial of Contact Person or Authorized Designee Status.

(a) A person's status as a contact person or authorized designee will be denied if the person does not meet the qualifications to be a contact person or authorized designee as listed in this rule. Once denied, the person can no longer perform the duties of a contact person or authorized designee for the Commission.

(b) Denial or termination of contact person or authorized designee status under OAR 575-007-0240(4)(a) is not subject to hearing rights under these rules unless the denial or termination results in loss of employment or position, in which case they have the same hearing rights as other subject individuals under these rules.

(3) Responsibilities.

(a) A contact person is responsible for performing the following duties:

(A) Ensure that adequate measures are taken to protect the confidentiality of the records as required by these rules;

(B) Take reasonable measures to verify the identity of a subject individual. When the application is submitted in person, these measures include asking the subject individual for government-issued photo identification (example: driver's license, passport) and confirming information written on the OSAC Criminal Records Request form with information on the photo identification;

(C) Ensure that, when a subject individual is hired on a preliminary basis, the need for active supervision pursuant to OAR 575-007-0310 is understood by each person responsible for ensuring that active supervision is provided;

(D) Ensure that the subject individual receives a timely, written notice of the final fitness determination. When the decision results in denial or a restriction, the notice must include information regarding how to appeal the decision;

(E) Monitor the status of criminal records check applications and investigate any delays in processing; and

(F) Ensure that documentation required by these rules is processed and maintained in accordance with these rules.

(b) An authorized designee has all the responsibilities of a contact person as listed in (3)(a) of this rule, and in addition must perform the following duties:

(A) Review the OSAC Criminal Records Request form completed by the subject individual (if not already done by a contact person) and conduct a preliminary fitness determination under the authority of the Commission in accordance with OAR 575-007-0320 in order to determine eligibility to be hired on a preliminary basis;

(B) Conduct a final fitness determination under the authority of the Commission in accordance with OAR 575-007-0320; and

(C) Participate in the Commission's appeal process.

(4) Conflict of Interest. An authorized designee must not have access to LEDS information, or make a fitness determination, if there is a conflict of interest between the authorized designee and the subject individual.

(a) A conflict of interest exists when one or more of the following circumstances is true:

(A) The authorized designee or contact person is related to the subject individual, or

(B) The authorized designee or contact person has a financial or close personal relationship, other than an employee-employer relationship, with the subject individual.

(5) Termination of Contact Person or Authorized Designee Status.

(a) When the authorized designee's or contact person's position with the Commission ends, the Commission's registration of a contact person or authorized designee is revoked.

(b) The Commission must suspend or revoke the appointment if a contact person or authorized designee fails to comply with the rules of the Commission or fails to continue to meet the qualifications for the position of authorized designee or contact person, as applicable.

(6) Review of Appointment. The Commission will develop a procedure to review and update appointments of contact persons and authorized designees, up to and including a new application and criminal records check, to assure that all requirements of this rule are met:

(a) Every three years; or

(b) If the Commission has reason to believe the person no longer meets the qualifications to be a contact person or authorized designee, such as but not limited to, any indication of criminal behavior.

Or. Admin. Code § 575-007-0240

OSAC 4-2006, f. & cert. ef. 11-1-06; OSAC 1-2015, f. & cert. ef. 12/18/2015

Stat. Auth.: ORS 348; Ch. 730 2005 OL, HB. 2157 2005 OL

Stats. Implemented: Ch. 730 2005 OL