Or. Admin. Code § 584-050-0100

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

Section 584-050-0100 - Fingerprinting of Subject Individuals

(1) Definitions:

(a) "Applicant" means a subject individual for whom fingerprint cards and other required information have been submitted to the Commission for a criminal history check and review;

(b) "Conviction" means: For purposes of criminal background checks pursuant to ORS 342.223 conducted in relation to individuals subject to such criminal background verification, the following definitions of "conviction" of a crime applies:

(A) Any adjudication in any criminal court of law, in this state or in any other jurisdiction, finding the individual committed a crime. A crime is an offense for which a sentence of imprisonment is authorized and generally refers to any felony or misdemeanor.

(B) Any adjudication in a juvenile proceeding, in this state or in any other jurisdiction, determining that the individual committed an offense, which if committed by an adult, would constitute a crime listed in ORS 342.143.

(C) Any conduct which resulted in mandatory registration reporting as a sex offender in this state or any other jurisdiction. A later court order or other action relieving the individual of the sex offender registration/reporting requirement does not effect the status of the conduct as a conviction for purposes of this rule.

(D) Any plea of guilty, no contest or nolo contendere in connection with a crime, in this state or in any other jurisdiction.

(E) A conviction exists for purposes of this rule, regardless of whether a dismissal was later entered into the record in connection with a diversion or on any sort of deferred adjudication or delayed entry of judgment.

(F) A conviction exists for purposes of this rule even if a crime was expunged or removed from the record of the individual under the laws of another jurisdiction if the crime would be ineligible under ORS 137.225 for expunction or removal from the record if the conviction had occurred in Oregon. A conviction does not exist where an Oregon court has expunged or otherwise removed a conviction from the record of an individual.

(G) A conviction does not exist, except as noted above, only where there was a judicial adjudication that the individual did not commit the offense in question, or when a conviction, adjudication or plea is overturned by an appellate court of record and no later conviction, adjudication or plea indicating the individual committed the offense in question is on the record.

(c) "Fee" means the total charges for processing each fingerprint card submitted. The fee amount shall be as specified in OAR 584-200-0050.

(d) "Information to be required" means all information requested by the Commission for processing the fingerprint application, including the following:

(A) One properly completed FBI fingerprint card;

(B) A properly completed TSPC form for fingerprint handlers;

(C) Certified court records of any arrests or criminal convictions; (See, definition of "convictions," above;) and

(D) A full explanation of the circumstances surrounding the arrest or conviction, signed and dated within the 30 days prior to submission to the commission.

(e) "Initial Issuance of a school nurse certificate" means: Any school nurse certificate if the applicant has not held an active TSPC certificate within the previous three years from the date of the application.

(f) "Initial Issuance of a charter school registration" means: Any charter school registration if the applicant has not held an active TSPC registration or license within the previous three years from the date of the application.

(g) "Student Teaching, Practicum or Internship" means: any placement of a student admitted to a commission-approved educator preparation program in a public or private school, charter school or other educational setting.

(h) "Subject individual" means:

(A) A person who is applying for initial issuance of a license under ORS 342.120 to 342.430 as a teacher, administrator or personnel specialist if the person has not submitted to a criminal records check by the commission within the previous three years.

(B) A person who is applying for reinstatement of a license as a teacher, administrator or personnel specialist whose license has lapsed for more than three years prior to the date of application.

(C) A person who is applying for initial issuance of a certificate under ORS 342.475 as a school nurse.

(D) A person who is registering with the commission for student teaching, practicum or internship as a teacher, administrator or personnel specialist, if the person has not submitted to a criminal records check by the commission within the previous three years for student teaching, practicum or internship as a teacher, administrator or personnel specialist.

(E) A person who is applying for initial issuance of a registration as a public charter school teacher or administrator under ORS 342.125.

(2) Certified LEDS personnel will review the criminal records of subject individuals upon the submission of the required fingerprints and state forms. The Executive Director or designee will establish a record of criminal history status.

(3) The TSPC shall not provide copies of criminal records to anyone except as provided by law. The subject individual may inspect his or her personal criminal records under the supervision of properly certified LEDS (Law Enforcement Data Systems) personnel at the Commission's office in Salem.

(4) Subject individuals who refuse to consent to the criminal records check or refuse to be fingerprinted will be denied licensure, registration or certification.

(5) Subject individuals who have been convicted of any of the crimes listed in ORS 342.143, or the substantial equivalent of any of those crimes if the conviction occurred in another jurisdiction or in Oregon under a different statutory name or number, will be denied licensure, certification or registration. The crimes listed in ORS 342.143 are:

(a) ORS 163.095 - Aggravated Murder;

(b) ORS 163.115 - Murder;

(c) ORS 163.185 - Assault in the First Degree;

(d) ORS 163.235 - Kidnapping in the First Degree;

(e) ORS 163.355- Rape in the Third Degree;

(f) ORS 163.365 - Rape in the Second Degree;

(g) ORS 163.375 - Rape in the First Degree;

(h) ORS 163.385 - Sodomy in the Third Degree;

(i) ORS 163.395 - Sodomy in the Second Degree;

(j) ORS 163.405 - Sodomy in the First Degree;

(k) ORS 163.408 - Unlawful Sexual Penetration in the Second Degree;

(l) ORS 163.411- Unlawful Sexual Penetration in the First Degree;

(m) ORS 163.415 - Sexual Abuse in the Third Degree;

(n) ORS 163.425 - Sexual Abuse in the Second Degree;

(o) ORS 163.427 - Sexual Abuse in the First Degree;

(p) ORS 163.432 - Online Sexual Corruption of a Child in the Second Degree;

(q) ORS 163.433 - Online Sexual Corruption of a Child in the First Degree;

(r) ORS 163.435 - Contributing to the Sexual Delinquency of a Minor;

(s) ORS 163.445 - Sexual Misconduct;

(t) ORS 163.465 - Public Indecency;

(u) ORS 163.515 - Bigamy;

(v) ORS 163.525 - Incest;

(w) ORS 163.547 - Child Neglect in the First Degree;

(x) ORS 163.575 - Endangering the Welfare of a Minor;

(y) ORS 163.670 - Using Child in Display of Sexually Explicit Conduct;

(z) ORS 163.675 (1985 Replacement Part) - Sale or Exhibition of Visual Reproduction of Sexual Conduct by a Child;

(aa) ORS 163.680 (1993 Edition) - Paying for Viewing Sexual Conduct Involving a Child;

(bb) ORS 163.684 - Encouraging Child Sexual Abuse in the First Degree;

(cc) ORS 163.686 - Encouraging Child Sexual Abuse in the Second Degree;

(dd) ORS 163.687 - Encouraging Child Sexual Abuse in the Third Degree;

(ee) ORS 163.688 - Possession of Materials Depicting Sexually Explicit Conduct of a Child in the First Degree;

(ff) ORS 163.689 - Possession of Materials Depicting Sexually Explicit Conduct of a Child in the Second Degree;

(gg) ORS 164.325 - Arson in the First Degree;

(hh) ORS 164.415 - Robbery in the First Degree;

(ii) ORS 166.005 - Treason;

(jj) ORS 166.087 - Abuse of a Corpse in the First Degree;

(kk) ORS 167.007 - Prostitution;

(ll) ORS 167.012 - Promoting Prostitution;

(mm) ORS 167.017 - Compelling Prostitution;

(nn) ORS 167.054 - Furnishing Sexually Explicit Material to a Child

(oo) ORS 167.057 - Luring a Minor

(pp) ORS 167.062 - Sadomasochistic Abuse for Sexual Conduct in a Live Show;

(qq) ORS 167.075 - Exhibiting Obscene Performance to a Minor;

(rr) ORS 167.080 - Displaying Obscene Materials to a Minor;

(ss) ORS 167.090 - Publicly Displaying Nudity or Sex for Advertising Purposes;

(tt) ORS 475.848 - Unlawful manufacture of heroin within 1,000 feet of school;

(uu) ORS 475.852 - Unlawful delivery of heroin within 1,000 feet of school;

(vv) ORS 475.858 - Unlawful manufacture of marijuana within 1,000 feet of school;

(ww) ORS 475.860 - Unlawful delivery of marijuana;

(xx) ORS 475.862 - Unlawful delivery of marijuana within 1,000 feet of school;

(yy) ORS 475.864(4) - Possession of less than 1 ounce of marijuana within 1,000 feet of school;

(zz) ORS 475.868 - Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school;

(aaa) ORS 475.872 - Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school;

(bbb) ORS 475.878 - Unlawful manufacture of cocaine within 1,000 feet of school;

(ccc) ORS 475.880 - Unlawful delivery of cocaine;

(ddd) ORS 475.882 - Unlawful delivery of cocaine within 1,000 feet of school;

(eee) ORS 475.888 - Unlawful manufacture of methamphetamine within 1,000 feet of school;

(fff) ORS 475.890 - Unlawful delivery of methamphetamine;

(ggg) ORS 475.892 - Unlawful delivery of methamphetamine within 1,000 feet of school;

(hhh) ORS 475.904 - Unlawful manufacture or delivery of controlled substance within 1,000 feet of school; or

(iii) ORS 475.906 - Penalties for distribution to minors.

(6) Subject individuals who have been convicted of any of the crimes listed in ORS 161.405 or an attempt to commit any of the crimes listed in subsection (5) this rule shall be refused licensure, certification, or registration.

(7) Subject individuals who have been convicted of crimes involving the illegal use, sale or distribution of controlled substances may be refused licensure, certification or registration.

(8) Subject individuals who have been convicted of any crimes in any jurisdictions may be required to furnish evidence satisfactory to the commission of good moral character, mental and physical health, and such other evidence as it may deem necessary to establish the applicant's fitness to serve as a licensed educator, registered charter school educator or certified school nurse.

(9) Evaluations of crimes shall be based on Oregon laws in effect at the time of conviction, regardless of the jurisdiction in which the conviction occurred.

(10) If it is appears that a subject individual has made a false statement or has been convicted of crimes under subsection (5) or subsection 6 of this rule, the case will be referred to an investigator for further investigation. All investigation reports generated under this rule will be reviewed by the Commission pursuant to ORS 342.176.

(11) Subject individuals may be issued a temporary Emergency License pending the return of the criminal background check from the Oregon State Police and the Federal Bureau of Investigation.

(12) Only cards and forms approved by the Commission will be accepted. The Commission will return any incomplete or incorrectly completed fingerprint cards and associated forms without taking any other action. It is up to the applicant to resubmit valid fingerprints in order to have any application for student teaching criminal record clearance, licensure, registration or certification.

Or. Admin. Code § 584-050-0100

TSPC 2-2009, f. & cert. ef. 3-12-09; TSPC 3-2010, f. & cert. ef. 4-2-10; TSPC 11-2017, minor correction filed 12/14/2017, effective 12/14/2017

Statutory/Other Authority: ORS 342 & 181

Statutes/Other Implemented: ORS 342.143, 342.175 - 342.180, 342.223, 342.227 & 181.534