Or. Admin. Code § 863-049-0025

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

Section 863-049-0025 - Criminal Records Check Clearance Application and Fingerprint Card

(1) The Agency conducts a criminal records check, makes a criminal background fitness determination, and either approves or denies a criminal background check clearance application under the provisions of OAR chapter 863, division 5. The Agency conducts this process on certain individuals, owners, or employees of an escrow agent license applicant as part of the initial application review and approval process. The Agency conducts this criminal records check process on certain individuals, owners, or employees of an escrow agent licensee as part of the application for changes in ownership or individuals who are in charge of escrow operations under OAR 863-049-045.

(2) As used in this rule, "applicant" means the individual applying for a criminal records check clearance under OAR chapter 863, division 5.

(3) The applicant must apply for a criminal records check clearance in writing on an Agency-approved form with all information provided and verified by the applicant.

(4) The criminal records check clearance application must include, but is not limited to, the following information:

(a) The applicant's legal name, residence address, and telephone number;

(b) The applicant's date and place of birth;

(c) The applicant's Social Security Number; and

(d) Whether the applicant has ever been convicted of or is under arrest, investigation, or indictment for a felony or misdemeanor.

(5) The Commissioner may require additional information from the applicant that the commissioner considers necessary for protecting the public.

(6) As provided in OAR 863-005-0090, all fingerprint cards, photographs, records, reports, and criminal offender information obtained or compiled by the Agency are confidential and exempt from public inspection. The Agency will keep such information segregated from other information on the escrow agent applicant or licensee and maintain such information in a secure place.

(7) If the Agency determines that additional information is necessary to process the application, the Agency may request such information in writing, and the applicant must provide the requested information in order to complete the application. If the applicant fails to provide the requested information, the Agency may determine that the application is incomplete and deny the application.

(8) An escrow agent license applicant who has otherwise qualified for the escrow agent's license may not be considered for such license until each criminal records check clearance application has been approved or denied.

(9) If the Agency denies an individual's criminal records check clearance application, the Agency will not approve the escrow license application.

(10) For the purposes of the Agency's final approval of an initial application pursuant to OAR 863-049-0010 or a change of ownership pursuant to 863-049-0045, an approved criminal background check clearance for an individual is valid for 12 months.

Or. Admin. Code § 863-049-0025

REA 2-1997, f. 6-18-97, cert. ef. 7-1-97; REA 4-1997, f. 11-24-97, cert. ef. 12-1-97; REA 10-2008, f. 12-15-08, cert. ef. 1-1-09; Renumbered from 863-050-0240 by REA 1-2009, f. 12-15-09, cert. ef. 1-1-10; REA 24-2018, minor correction filed 01/05/2018, effective 1/5/2018

Statutory/Other Authority: ORS 696.541 & 696.790

Statutes/Other Implemented: ORS 696.511