Or. Admin. Code § 635-600-0005

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

Section 635-600-0005 - Definitions

As used in OAR chapter 635, division 600, unless the context of the rule requires otherwise, the following definitions apply:

(1) "Approved" means that, pursuant to a preliminary fitness determination under OAR 635-600-0020 or a final fitness determination under OAR 635-600-0030, the Department has determined that the subject individual is fit to be an employee, contractor, vendor or volunteer in a position covered by OAR 635-600-0010(2).

(2) "Conviction" means that a court of law has entered a final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere (no contest) or any determination of guilt entered by a court of law against a subject individual in a criminal case, unless that judgment has been reversed or dismissed by a subsequent court decision.

(3) "Criminal Offender Information" means records, including fingerprints and photographs, and related data received, compiled, and disseminated by the Oregon Department of State Police (OSP), or by other states, for purposes of identifying criminal offenders and alleged offenders, and maintained as part of an individual's records of arrests, the nature and disposition of criminal charges, including sentencing, confinement, but does not include the retention by OSP or records of transfer of inmates between penal institutions or other correctional facilities, and release.

(4) "Crime Relevant to a Fitness Determination" means a crime listed or described in OAR 635-600-0035.

(5) "Criminal History Check and Fitness Determination Rules" or "These Rules" means OAR chapter 635, division 600.

(6) "Criminal History Check" or "CHC" means obtaining and reviewing criminal records as required or permitted by these rules and includes any or all of the following processes:

(a) A check of criminal offender information and driving records conducted through use of the Law Enforcement Data System (LEDS) maintained by the Oregon Department of State Police, in accordance with the rules adopted and procedures established by the Oregon Department of State Police (LEDS Computerized Criminal History check);

(b) A check of Oregon or other state criminal offender information, including through fingerprint identification or other means, conducted by the Oregon Department of State Police at the Department's request (Oregon or State Criminal History Check); or

(c) A national check of federal criminal offender information, including through fingerprint identification, conducted by the Oregon Department of State Police through the Federal Bureau of Investigation or otherwise at the Department's request (National Criminal History Check).

(7) "Denied" means that, pursuant to a preliminary fitness determination under OAR 635-600-0020 or a final fitness determination under OAR 635-600-0030, the Department has determined that the subject individual is not fit to be an employee, contractor, vendor or volunteer in a position covered by OAR 635-600-0010(2).

(8) "Department" means the Oregon Department of Fish and Wildlife or any subdivision thereof.

(9) "False Statement" means that, in association with an activity governed by these rules, a subject individual either:

(a) provided the Department with materially false information about his or her criminal history, such as, but not limited to, materially false information about his or her identity or conviction record; or

(b) failed to provide to the Department information material to determining his or her criminal history.

(10) "Fitness Determination" means a determination made by the Department pursuant to the process established in OAR 635-600-0020 (preliminary fitness determination) or 635-600-0030 (final fitness determination) that a subject individual is or is not fit to be a Department employee, contractor, vendor or volunteer in a position covered by OAR 635-600-0010(2).

(11) "Provide Services" means any provision of what is necessary for the health, welfare, maintenance or protection of an individual.

(12) "Subject Individual" means an individual identified in ORS 496.121 and OAR 635-600-0010 who is required to complete a criminal history check pursuant to these rules and from whom the Department may require fingerprints for the purpose of conducting a criminal history check.

Or. Admin. Code § 635-600-0005

DFW 40-2008, f.& cert. ef. 4-24-08; DFW 149-2009, f. 12-15-09, cert. ef. 1-1-10; DFW 20-2018, amend filed 02/14/2018, effective 2/14/2018

Statutory/Other Authority: ORS 181A.195 & ORS 496.121

Statutes/Other Implemented: ORS 181A.195 & ORS 496.121