Or. Admin. Code § 812-030-0110

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

Section 812-030-0110 - Fitness Determination - Criminal Offense

(1) Locksmiths have the knowledge and tools to bypass or neutralize security devices in vehicles, homes and businesses. An individual may not be fit to be a locksmith if the individual engaged or engages in activity that puts public safety or security at risk by unlawfully accessing property that does not belong to the individual.

(2) The fitness to engage in locksmithing also includes, but is not limited to, the ability to refrain from violent, threatening, intimidating or sexually predatory behavior and to refrain from dishonest or fraudulent conduct.

(3) The board may determine that an individual is not fit for a locksmith certificate based on:

(a) A conviction for any crime listed in OAR 812-030-0100 occurring within seven (7) years before the date of application;

(b) The nature of the crime;

(c) The facts that support the conviction;

(d) The relevancy, if any, of the crime to the requirements for certified locksmiths;

(e) The fact that the individual is currently on probation or post-prison supervision; and

(f) Intervening circumstances relevant to the responsibilities and circumstances of a certified locksmith. Intervening circumstances include, but are not limited to:

(A) The passage of time since the commission of the crime;

(B) The age of the subject individual at the time of the crime;

(C) The likelihood of a repetition of offenses or of the commission of another crime;

(D) The subsequent commission of another crime listed in OAR 812-030-0100 or a closely related crime; and

(E) Whether the conviction was set aside and the legal effect of setting aside the conviction. An individual shall not be denied certification on the basis of a criminal conviction that has been expunged pursuant to ORS 419A.260 and 419A.262, or other similar process under the laws of any jurisdiction.

(4) Upon notice and request from the board, an applicant for a new or renewal certificate will provide requested information to permit the board to conduct a criminal background check. Requested information includes, but is not limited to, police records, records of conviction, parole or probation reports, restitution records, counseling reports and letters of recommendation.

(5) Failure to provide the information requested in section (4) of this rule may result in denial, suspension or revocation of a certificate.

(6) If the board determines that an applicant is not fit for certification as a locksmith, the applicant is entitled to a hearing as provided in ORS 183.413 to 183.470.

Or. Admin. Code § 812-030-0110

CCB 3-2010, f. & cert. ef. 2-1-10

Stat. Auth.: ORS 670.310, 701.235 & 701.485

Stats. Implemented: ORS 670.280, 701.098, 701.102& 701.485