(1) For the purposes of this section, “Subject Individual” means:
(a) Any licensee as defined in OAR 161-002-0000(22).
(b) Any applicant for a certificate, or registration under ORS Chapter 674 or any applicant for renewal of a license, certificate, or registration under ORS Chapter 674.
(c) Any Board employee, volunteer, or any other person the Board may require fingerprints for the purpose of conducting a state or nationwide criminal records check as identified in ORS 674.105.
(2) The purpose of this section is to provide for the reasonable screening of subject individuals in order to determine if they have a history of criminal behavior such that they are unfit to hold a license, certificate or registration, or work, volunteer or contract with the Board.
(3) The Board may request the Department of State Police conduct a criminal records check on a subject individual. The Board may request that the Department of State Police conduct the check, including fingerprint identification, through the Federal Bureau of Investigation.
(4) The Board may conduct criminal records checks on subject individuals through the Law Enforcement Data System maintained by the Department of State Police in accordance with rules adopted, and procedures established, by the Department of State Police.
(5) Each subject individual shall submit a background check application. The application shall include, but is not limited to, the following information:
(a) The name, residence address and telephone number for the subject individual;
(b) The date and place of birth of the subject individual;
(c) The Social Security Number of the subject individual;
(d) Whether the subject individual has ever been convicted of or is under arrest, investigation or indictment for a felony or misdemeanor; and
(e) Whether the subject individual has ever been refused a real estate appraisal license or any other occupational or professional license in any other state or country, or whether any real estate appraisal license or other occupational or professional license held by the subject individual has ever been revoked or suspended or the licensee fined or reprimanded; and
(f) Any other information considered necessary by the Board to evaluate the subject individual’s trustworthiness and competency to engage in professional real estate appraisal activity in a manner that protects the public interest.
(6) As part of any application submitted under section (5) of this rule, the subject individual shall submit one completed fingerprint card on the form prescribed by the Oregon State Police and FBI and a fee sufficient to recover the costs of processing the subject individual 's fingerprint information and securing any criminal offender information pertaining to the subject individual.
(7) The background check application, fingerprint card and processing fee shall be submitted to the Board prior to issuance of any license under ORS Chapter 674 and these rules.
(8) As provided in ORS 181.534(15), all fingerprint cards, photographs, records, reports and criminal offender information obtained or compiled by the Board are confidential and exempt from public inspection. The Board shall keep such information segregated from other information on any subject individual and maintain such information in a secure place.
(9) If the information developed by the Board indicates that additional information should be obtained from the subject individual, it will be the duty of the subject individual, upon notice and request by the Board, to provide the requested information in order to complete the background check. Failure to comply may result in a determination that the background check is incomplete which will result in an unfit determination by the Board.
(10) The Board shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which the criminal background check indicates a subject individual may have committed a crime, as those laws are in effect at the time of the background check.
(11) A subject individual shall not be denied under this section on the basis of the existence or contents of a juvenile record that has been expunged under ORS 419A.260 and 419A.262.
(12) The Board shall inform the subject individual who has been determined unfit on the basis of a criminal background check, via courier, or registered or certified mail to the most current address provided by the subject individual of the disqualification. Responsibility for furnishing a current address remains with the subject individual.
(13) A disqualification determination is a final order of the Board unless the affected subject individual requests a contested case hearing under ORS Chapter 183 within 20 days of the mailing of the determination.
Stat. Auth.: ORS 674.170, 674.305(8)
Stats. Implemented: ORS 674
Hist.: ACLB 1-1994, f. & cert. ef. 2-1-94; ACLB 1-1998, f. 6-24-98, cert. ef. 7-1-98; ACLB 1-2002, f. & cert. ef. 2-26-02; ACLB 2-2006, f. & cert. ef. 7-26-06; ACLB 1-2010(Temp), f. 1-29-10, cert. ef. 2-1-10 thru 7-27-10; ACLB 2-2010, f. & cert. ef. 4-23-10; ACLB 2-2011, f. 11-17-2011, cert. ef. 1-1-12