Section 670.280 - [Operative 7/1/2025] Denial, suspension or revocation of license based on criminal conviction; rebuttable presumption; denial of license or imposition of discipline for conduct substantially related to fitness and ability of applicant or licensee(1) As used in this section:(a) "License" includes a registration, certification or permit.(b) "Licensee" includes a registrant or a holder of a certification or permit.(2) Except as provided in ORS 342.143 (3) or 342.175 (3), a licensing board, commission or agency may not deny, suspend or revoke an occupational or professional license solely for the reason that the applicant or licensee has been convicted of a crime, but it may consider the relationship of the facts which support the conviction and all intervening circumstances to the specific occupational or professional standards in determining the fitness of the person to receive or hold the license. (3) Except as provided in ORS 342.143 (3) and 342.175 (3), a licensing board, commission or agency may deny an occupational or professional license or impose discipline on a licensee based on conduct that is not undertaken directly in the course of the licensed activity, but that is substantially related to the fitness and ability of the applicant or licensee to engage in the activity for which the license is required. In determining whether the conduct is substantially related to the fitness and ability of the applicant or licensee to engage in the activity for which the license is required, the licensing board, commission or agency shall consider the relationship of the facts with respect to the conduct and all intervening circumstances to the specific occupational or professional standards. (4)(a) Prior to beginning an education, a training or an apprenticeship program for an occupational or professional license, a person who was convicted of a crime may petition a licensing board, commission or agency for a determination as to whether a criminal conviction will prevent the person from receiving an occupational or professional license. The licensing board, commission or agency may charge a reasonable fee to pay the costs of making the determination.(b) A determination from a licensing board, commission or agency that a criminal conviction will not prevent the person from obtaining an occupational or professional license may be rescinded if, at the time the person submits a complete application, the person: (A) Has allegations or charges pending in criminal court;(B) Has failed to disclose a previous criminal conviction;(C) Has been convicted of another crime during the period between the determination and the person's submission of a completed application for an occupational or professional license; or(D) Has been convicted of a crime that, during the period between the determination and the person's submission of a completed application for an occupational or professional license, became subject to a change in state or federal law that prohibits licensure for an occupational or professional license because of a conviction of that crime.(c) A licensing board, commission or agency shall reconsider a determination that a criminal conviction will prevent the person from obtaining an occupational or professional license if the person submits a completed application for an occupational or professional license.(d) A determination made under this subsection: (A) Shall be made by the same entity that reviews completed applications for an occupational or professional license for the licensing board, commission or agency;(B) Shall be subject to the same confidentiality requirements that are applicable to completed applications for an occupational or professional license for the licensing board, commission or agency; and(C) Is not considered a final determination of the licensing board, commission or agency.(e) Nothing in this subsection prohibits a licensing board, commission or agency from denying licensure for a reason other than conviction of a crime.(f) A licensing board, commission or agency may adopt rules necessary to implement the provisions of this subsection.(g) This subsection does not apply to the Department of Public Safety Standards and Training or to any regulation of psilocybin services.Amended by 2024 Ch. 95,§ 44, eff. 4/4/2024, op. 7/1/2025.Amended by 2024 Ch. 70,§ 71, eff. 4/1/2024, op. 9/1/2024.Amended by 2021 Ch. 591, § 17, eff. 7/19/2021.1973 c.359 §1; 1991 c.662 §6a; 2003 c. 749, § 13; 2009 c. 386, § 5 Clause (2) of 2024 Act Chapter 95, Section 44a, provides that notwithstanding the operative date set forth in subsection (1) of the clause, a licensing board, commission or agency may choose to make determinations as described in ORS 670.280(4) before the operative date set forth in subsection (1) of the clause.This section is set out more than once due to postponed, multiple, or conflicting amendments.