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OREGON STATE TREASURY

 

DIVISION 2

ADMINISTRATION

170-002-0000

Public Records

Pursuant to ORS 192.420 through 192.505, the Oregon State Treasury:

(1) May charge the following fees for certification or copying of any public records in the Oregon State Treasury's custody not otherwise exempt from disclosure:

(a) For each certification containing five pages or less, $5.

(b) For each page of a certified document in excess of five pages, 5¢ per page.

(c) For uncertified copies, 5¢.

(d) For facsimile transmission, $1 per page (excluding cover page).

(2) In addition to the charges prescribed in section (1) of this rule, an amount, as determined reasonable by the State Treasurer, to reimburse the Oregon State Treasury for the actual cost of making the records available for inspection.

(3) Shall make all public records of the Oregon State Treasury, not otherwise exempt from disclosure by law, available for inspection and/or copying during regular business hours of the Oregon State Treasury.

(4) May condition the time and manner of inspection or copying as necessary under the circumstances to protect the records and to prevent interference with the regular discharge of the duties of the State Treasurer, the Oregon State Treasury and its employees.

Stat. Auth.: ORS 178.050
Stats. Implemented: ORS 183, 192, 293 & 295
Hist.: TD 1-1990, f. 4-17-90, cert. ef. 5-1-90; OST 3-2004, f. & cert. ef. 6-23-04

170-002-0005

Copier/Facsimile Use By Oregon State Treasury Employees

For use of copy or facsimile equipment by employees of the Oregon State Treasury when acting in a private capacity, employees shall pay the fees set forth in OAR 170-002-0000. Copying or facsimile fees incurred by an employee be paid:

(1) By check, payable to the Oregon State Treasury, within the first ten working days of the month immediately following the month in which charges were incurred; or

(2) Prior to receiving their final compensation upon separation or termination from the Oregon State Treasury.

Stat. Auth.: ORS 178.050
Stats. Implemented: ORS 183, ORS 192, ORS 293 & ORS 295
Hist.: TD 1-1990, f. 4-17-90, cert. ef. 5-1-90

170-002-0010

Criminal Records Check And Fitness Determination Rules

(1) Purpose. This rule controls the OST’s acquisition of information about a subject individual’s criminal history through criminal records checks or other means and its use of that information to determine whether the subject individual is fit to provide services to the OST as an employee, volunteer, board member, contractor or vendor in a position covered by section (2)(n) of this rule. The fact that the OST approves a subject individual as fit does not guarantee the individual a position as an OST employee, volunteer, board member, contractor or vendor.

(2) Definitions. As used in OAR 170-002-0010, unless the context of the rule requires otherwise, the following definitions apply:

(a) "Approved" means that, pursuant to a preliminary fitness determination under section (4) of this rule or a final fitness determination under section (6) of this rule, an authorized designee has determined that the subject individual is fit to be an employee, volunteer, board member, contractor or vendor in a position covered by section (2)(n) of this rule.

(b) “Authorized Designee” means an OST employee authorized to obtain and review criminal offender information and other criminal records information about a subject individual through criminal records checks and other means, and to conduct a fitness determination in accordance with these rules.

(c) "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) against a subject individual in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision.

(d) “Criminal Offender Information” includes records and related data as to physical description and vital statistics, fingerprints received and compiled by the Oregon Department of State Police Bureau of Criminal Identification for purposes of identifying criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including sentencing, confinement, parole and release.

(e) “Crime Relevant to a Fitness Determination” means a crime listed or described in section (7) of this rule.

(f) "Criminal Records Check and Fitness Determination Rules" or "This Rule" means OAR 170-002-0010.

(g) "Criminal Records Check" or "CRC" means one of four processes undertaken to check the criminal history of a subject individual:

(A) A check of criminal offender information and motor vehicle registration 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 Criminal Records Check);

(B) A check of Oregon criminal offender information, including thorough fingerprint identification, conducted by the Oregon Department of State Police at the OST’s request (Oregon Criminal Records Check); or

(C) A nationwide check of federal criminal offender information, including thorough fingerprint identification, conducted by the Oregon Department of State Police through the Federal Bureau of Investigation or otherwise at the OST’s request (Nationwide Criminal Records Check); or

(D) A criminal records check provided by an independent contractor.

(h) "Denied" means that, pursuant to a preliminary fitness determination under section (4) of this rule or a final fitness determination under section (6) of this rule, an authorized designee has determined that the subject individual is not fit to be an employee, volunteer, board member, contractor or vendor in a position covered by section (2)(n) of this rule.

(i) "OST" means the Office of the State Treasurer or any subdivision thereof.

(j) “False Statement” means that, in association with an activity governed by these rules, a subject individual either provided the OST with materially false information about his or her criminal history, such as materially false information about his or her identity or conviction record, or failed to provide to the OST information material to determining his or her criminal history.

(k) “Fitness Determination” means a determination made by an authorized designee pursuant to the process established in section (4) of this rule (preliminary fitness determination) or section (6) of this rule (final fitness determination) that a subject individual is or is not fit to be a OST employee, volunteer, board member, contractor or vendor in a position covered by section (2)(n) of this rule.

(l) “Other Criminal Records Information” means any information, in addition to criminal offender information, sought or obtained by the OST about a subject individual relevant to determining the individual’s criminal history.

(m) "Related" means that an individual has a relationship with another person described by one of the following labels: spouse, domestic partner, natural parent, foster parent, adoptive parent, stepparent, child, foster child, adopted child, stepchild, sibling, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew or first cousin.

(n) “Subject Individual” means an individual from whom the OST may require fingerprints for the purpose of conducting a criminal records check because the person:

(A) Is being considered for employment with the OST; or

(B) Provides services or seeks to provide services to the OST as a volunteer, contractor, or vendor; or

(C) Has been appointed or is being considered for appointment to a board or commission by the State Treasurer.

(3) Criminal Records Check Process.

(a) Disclosure of Information by Subject Individual.

(A) Preliminary to a criminal records check, a subject individual shall complete and sign the OST Criminal Records Request Form and, if requested by the OST, a fingerprint card. Both forms ask for identifying information, e.g., name, birth date, Social Security Number, physical characteristics, marital status, driver’s license or identification card number and current address. The OST Criminal Records Request Form also asks for information about prior residences and for details concerning any circumstance listed in section (4)(c)(A)–(F) of this rule.

(B) A subject individual shall complete and submit to the OST the OST Criminal Records Request Form and, if requested, a fingerprint card within three business days of receiving the forms. An authorized designee may extend the deadline for good cause.

(C) The OST shall receive a fingerprint card from a subject individual under the age of 18 years only if the subject individual also submits the written consent of a parent or guardian.

(D) Within a reasonable period of time as established by an authorized designee, a subject individual shall disclose additional information as requested by the OST in order to resolve an issue hindering the completion of a criminal records check, e.g., providing additional proof of identity.

(b) When a Criminal Records Check is Conducted. An authorized designee may conduct, or request that the Oregon Department of State Police conduct, a criminal records check when a subject individual is initially hired or appointed by the OST.

(c) Which Criminal Records Check(s) Is Conducted. When an authorized designee determines under subsection (b) of this section that a criminal record check is needed, the authorized designee shall proceed as follows:

(A) LEDS Criminal Records Check. The authorized designee may conduct a LEDS criminal records check as part of any fitness determination conducted in regard to a subject individual.

(B) Oregon Criminal Records Check. The authorized designee may request that the Oregon Department of State Police conduct an Oregon criminal records check.

(C) Nationwide Criminal Records Check. The authorized designee may request that the Oregon Department of State Police conduct a nationwide criminal records check.

(D) Background Check. The authorized designee may request that an independent contractor conduct a criminal records check.

(4) Preliminary Fitness Determination.

(a) An authorized designee will conduct a preliminary fitness determination if the OST is interested in hiring a subject individual as an employee. The OST may conduct a preliminary fitness determination, as OST determines may be necessary or desirable, if OST in interested in accepting volunteer services from, hiring as a contractor or vendor, or appointing, a subject individual on a preliminary basis, pending a final fitness determination. Subsections (b) through (f) of this section shall apply only if the OST conducts a preliminary fitness determination.

(b) An authorized designee shall make a preliminary fitness determination about a subject individual based on information disclosed by the subject individual under section (3)(a) of this rule and a background check.

(c) The authorized designee shall approve a subject individual as fit on a preliminary basis if the authorized designee has no reason to believe that the subject individual has made a false statement and the information available to the authorized designee does not disclose that the subject individual:

(A) Has been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under section (7) of this rule;

(B) Within the last five years, has been arrested for or charged with a crime listed under section (7) of this rule;

(C) Is being investigated for, or has an outstanding warrant for a crime listed under section (7) of this rule;

(D) Is currently on probation, parole, or another form of post-prison supervision for a crime listed under section (7) of this rule;

(E) Has a deferred sentence or conditional discharge or is participating in a diversion program in connection with a crime listed under section (7) of this rule; or

(F) Has been adjudicated in a juvenile court and found to be within the court’s jurisdiction for an offense that would have constituted a crime listed under section (7) of this rule; if committed by an adult.

(d) If the information available to the authorized designee discloses one or more of the circumstances identified in subsection (c) of this section, the authorized designee may nonetheless approve a subject individual as fit on a preliminary basis if the authorized designee concludes, after evaluating all available information, that hiring, appointing or accepting the services of the subject individual on a preliminary basis does not pose a risk of harm to the OST, its client entities, the State, or members of the public.

(e) If a subject individual is either approved or denied on the basis of a preliminary fitness determination, an authorized designee thereafter shall conduct a fitness determination under section (6) of this rule.

(f) A subject individual may not appeal a preliminary fitness determination, under the process provided under section (10) of this rule or otherwise.

(5) Hiring or Appointing on a Preliminary Basis.

(a) The OST may hire, appoint or accept the services of a subject individual on a preliminary basis if an authorized designee has approved the subject individual on the basis of a preliminary fitness determination under section (4) of this rule.

(b) A subject individual hired, appointed or volunteering on a preliminary basis under this rule may participate in training, orientation, or work activities as assigned by the OST.

(c) A subject individual hired, appointed or volunteering on a preliminary basis is deemed to be on trial service and, if terminated prior to completion of a final fitness determination under section (6) of this rule may not appeal the termination under the process provided under section (10) of this rule.

(d) If a subject individual hired, appointed or volunteering on a preliminary basis is denied upon completion of a final fitness determination, as provided under section (6) of this rule, then the OST shall immediately terminate the subject individual’s employment, appointment or services.

(e) A subject individual whose employment, appointment or services is terminated under subsection (d) of this section may avail himself or herself of the appeal process provided under section (10) of this rule.

(6) Final Fitness Determination.

(a) An authorized designee shall make a fitness determination about a subject individual based on information provided by the subject individual under section (3)(a) of this rule, the criminal records check(s) conducted, if any, and any false statements made by the subject individual.

(b) In making a fitness determination about a subject individual, an authorized designee shall consider the factors in subsections (A)–(F) below in relation to information provided by the subject individual under section (3)(a) of this rule, any LEDS report or criminal offender information obtained through a criminal records check, and any false statement made by the subject individual. To assist in considering these factors, the authorized designee may obtain other criminal records information from the subject individual or any other source, including law enforcement agencies, courts within or outside of Oregon and private contractors. To acquire other criminal offender information from the subject individual, an authorized designee may request to meet with the subject individual, to receive written materials from him or her, or both. The authorized designee will use all collected information in considering:

(A) Whether the subject individual has been convicted of, found guilty except for insanity (or a comparable disposition) of, or has a pending indictment for a crime listed in section (7) of this rule;

(B) The nature of any crime identified under subsection (b)(A) of this section;

(C) The facts that support the conviction, finding of guilty except for insanity, or pending indictment;

(D) The facts that indicate the subject individual made a false statement;

(E) The relevance, if any, of a crime identified under subsection (b)(A) of this section or of a false statement made by the subject individual to the specific requirements of the subject individual’s present or proposed position, services or employment; and

(F) The following intervening circumstances, to the extent that they are relevant to the responsibilities and circumstances of the services or employment for which the fitness determination is being made:

(i) The passage of time since the commission or alleged commission of a crime identified under subsection (b)(A) of this section;

(ii) The age of the subject individual at the time of the commission or alleged commission of a crime identified under subsection (b)(A) of this section;

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

(iv) The subsequent commission of another crime listed under section (7) of this rule;

(v) Whether a conviction identified under subsection (b)(A) of this section has been set aside or pardoned, and the legal effect of setting aside the conviction or of a pardon;

(vi) A recommendation of an employer;

(vii) The disposition of a pending indictment identified under subsection (b)(A) of this section;

(viii) Whether the subject individual has been arrested for or charged with a crime listed under section (7) of this rule within the last five years;

(ix) Whether the subject individual is being investigated, or has an outstanding warrant, for a crime listed under section (7) of this rule;

(x) Whether the subject individual is currently on probation, parole or another form of post-prison supervision for a crime listed under section (7) of this rule;

(xi) Whether the subject individual has a deferred sentence or conditional discharge or is participating in a diversion program in connection with a crime listed under section (7) of this rule;

(xii) Whether the subject individual has been adjudicated in a juvenile court and found to be within the court’s jurisdiction for an offense that would have constituted a crime listed under section (7) of this rule if committed by an adult;

(xiii) Periods of incarceration of the subject individual;

(xiv) Whether the subject individual has a history of drug or alcohol abuse which relates to his or her criminal activity and the subject individual’s history of treatment or rehabilitation for such abuse; and

(xv) The education and work history (paid or volunteer) of the subject individual since the commission or alleged commission of a crime.

(c) Possible Outcomes of a Final Fitness Determination.

(A) Automatic Approval. An authorized designee shall approve a subject individual if the information described in subsections (a) and (b) of this section shows:

(i) No credible evidence that the subject individual has been convicted of, or found guilty except for insanity (or comparable disposition) of a crime listed under section (7) of this rule;

(ii) No credible evidence that the subject individual has a pending indictment for a crime listed under section (7) of this rule;

(iii) No credible evidence of the subject individual having made a false statement; and

(iv) No discrepancies between the criminal offender information, other criminal records information and information obtained from the subject individual.

(B) Evaluative Approval. If a fitness determination under this rule shows credible evidence of any of the factors identified in subsections (c)(A)(i)–(iv) of this section, an authorized designee may approve the subject individual only if, in evaluating the information described in subsections (a) and (b) of this section, the authorized designee determines that the subject individual acting in the position for which the fitness determination is being conducted would not pose a risk of harm to the OST, its client entities, the State, or members of the public.

(C) Restricted Approval.

(i) If an authorized designee approves a subject individual under subsection (c)(B) of this section, the authorized designee may restrict the approval to specific activities or locations.

(ii) An authorized designee shall complete a new criminal records check and fitness determination on the subject individual prior to removing a restriction.

(D) Denial.

(i) If a fitness determination under this rule shows credible evidence of any of the factors identified in subsections (c)(A)(i)–(iv) of this section and, after evaluating the information described in subsections (a) and (b) of this section, an authorized designee concludes that the subject individual acting in the position for which the fitness determination is being conducted would pose a risk of harm to the OST, its client entities, the State, or members of the public, the authorized designee shall deny the subject individual as not fit for the position.

(ii) Refusal to Consent. If a subject individual refuses to submit or consent to a criminal records check including fingerprint identification, the authorized designee shall deny the subject individual as not fit without further assessment under the fitness determination process.

(iii) If a subject individual is denied as not fit, then the subject individual may not be employed by, appointed as a board member or provide services as a volunteer, contractor or vendor to the OST in a position covered by section (2)(n) of this rule.

(d) Final Order. A completed final fitness determination becomes a final order of the OST unless the affected subject individual appeals by requesting either a contested case hearing as provided by section (10) of this rule.

(7) Crimes Relevant to a Fitness Determination.

(a) Permanent Review. Any felony conviction under Oregon law or the equivalent under the law of another jurisdiction or any federal crime requires a fitness determination be completed regardless of date of conviction.

(A) This includes any crime which is no longer codified in Oregon or another jurisdiction, but which is the substantial equivalent to any felony in Oregon’s or any other jurisdiction’s statutes as determined by the authorized designee.

(B) This includes a new crime, adopted by the Oregon Legislative Assembly or the legislative body of another jurisdiction following the most recent amendment of these rules, which is the substantial equivalent of any felony in Oregon’s or any other jurisdiction’s statutes as determined by the authorized designee.

(b) Ten-Year Review. Any misdemeanor in Oregon or the equivalent under the laws of any other jurisdiction requires that a fitness determination be completed if the date of conviction is within ten years of the date the Criminal Records Request Form was signed.

(A) This includes any crime which is no longer codified in Oregon or another jurisdiction, but which is the substantial equivalent to any misdemeanor in Oregon’s or any other jurisdiction’s statutes as determined by the authorized designee.

(B) This includes a new crime, adopted by the Oregon Legislative Assembly or the legislative body of another jurisdiction following the most recent amendment of these rules, which is the substantial equivalent of any misdemeanor in Oregon’s or any other jurisdiction’s statutes as determined by the authorized designee.

(c) Evaluation Based on Oregon Laws. An authorized designee shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which a criminal records check indicates a subject individual may have committed a crime, as those laws are in effect at the time of the fitness determination.

(d) Expunged Juvenile Record. Under no circumstances shall a subject individual be denied under these rules on the basis of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262 or the equivalent law of another jurisdiction.

(8) Incomplete Fitness Determination.

(a) The OST will close a preliminary or final fitness determination as incomplete when:

(A) Circumstances change so that a person no longer meets the definition of a “subject individual” under section (2)(n) of this rule;

(B) the subject individual does not provide materials or information under section (3)(a) of this rule within the timeframes established under that rule;

(C) An authorized designee cannot locate or contact the subject individual;

(D) The subject individual fails or refuses to cooperate with an authorized designee’s attempts to acquire other criminal records information under section (6)(b) of this rule; or

(E) The OST determines that the subject individual is not eligible or not qualified for the position (of employee, contractor, vendor, board member or volunteer) for a reason unrelated to the fitness determination process.

(b) A subject individual does not have a right to a contested case hearing under section (10) of this rule to challenge the closing of an incomplete fitness determination.

(9) Notice to Subject Individual of Fitness Determination.

(a) An authorized designee shall provide written notice to a subject individual upon completion of a preliminary or final fitness determination, or upon the closing a fitness determination due to incompleteness. The notice shall state the disposition of the fitness determination as to whether the fitness determination is closed due incompleteness, or if completed, the outcome of the authorized designee’s fitness determination of the subject individual.

(A) The authorized designee shall record on the notice the date on which the fitness determination was either closed as incomplete or completed.

(B) If the notice pertains to a completed final fitness determination, it shall be accompanied by a separate notice addressing the subject individual’s right to request a contested case hearing to appeal the OST’s determination and containing the information required by OAR 137-003-0505.

(b) An authorized designee shall provide for hand delivery or first class mail delivery of the notice(s) as soon as possible after completion or closure of a fitness determination, but in no case later than 14 calendar days after the date of completion or closure, to the address provided by the subject individual on the OST Criminal Records Request Form, or to an updated address as provided in writing by the subject individual.

(10) Appealing a Fitness Determination.

(a) This section sets forth a contested case hearing process by which a subject individual may appeal a completed final fitness determination made under section (6) of this rule that he or she is fit or not fit to hold a position with, or provide services to the OST as an employee, volunteer, contractor, board member or vendor.

(b) Process. A subject individual may appeal a fitness determination through a contested case proceeding, as established under Oregon’s Administrative Procedures Act and the Attorney General’s Uniform and Model Rules for Contested Case Proceedings.

(c) Proposed and Final Order

(A) Proposed Order. The administrative law judge will conduct a contested case hearing to review whether the fitness determination was arbitrary, contrary to rule or law, or taken for political reasons. Thereafter, the administrative law judge will prepare a proposed order containing findings of fact and conclusions of law.

(B) Exceptions to the Proposed Order. The proposed order will be delivered to the subject individual and the OST. The subject individual may make written exceptions to the proposed order and provide written argument in support of the exceptions, if delivered to OST within fifteen calendar days following the date of service of the proposed order. If the subject individual or the subject individual’s legal counsel files timely written exceptions to the proposed order with the OST, the State Treasurer or the State Treasurer’s designee shall consider the exceptions and serve a final order, or request a revised proposed order from the administrative law judge.

(C) OST Issuance of Final Order. The State Treasurer will consider the written exceptions and argument filed by the subject individual, if any, and issue the final order within a reasonable time frame thereafter. The State Treasurer may choose to accept, deny, or modify the proposed order in accordance with the applicable statues and rules.

(D) Default. A completed final fitness determination made under section (6) of this rule shall constitute a final order without a hearing as provided under OAR 137-003-0672.

(d) Challenging Criminal Offender Information. A subject individual may not use the appeals process established by this rule to challenge the accuracy or completeness of information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, agencies reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation or information provided by a private contractor.

(A) To challenge information identified in subsection (d) of this section, a subject individual may use any process made available by the providing agency, if any.

(B) If the subject individual successfully challenges the accuracy or completeness of information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or an agency reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation, the subject individual may request that the OST conduct a new criminal records check and re-evaluate the original fitness determination made under section (6) of this rule by submitting a new OST Criminal Records Request Form.

(11) Recordkeeping and Confidentiality.

(a) An authorized designee shall document a preliminary or final fitness determination, or the closing of a fitness determination due to incompleteness, in writing.

(b) Records Received from the Oregon Department of State Police.

(A) Records the OST receives from the Oregon Department of State Police resulting from a criminal records check, including but not limited to LEDS reports and state or federal criminal offender information originating with the Oregon Department of State Police or the Federal Bureau of Investigation, are confidential pursuant to ORS 181.534(15). To the extent allowed by law, OST may also retain information obtained from private contractors as confidential.

(B) Within the OST, only authorized designees shall have access to records the OST receives from any entity resulting from a criminal records check.

(C) An authorized designee shall have access to records received from any entity in response to a criminal records check only if the authorized designee has a demonstrated and legitimate need to know the information contained in the records.

(D) Authorized designees shall maintain and disclose records received from any entity resulting from a criminal records check in accordance with applicable requirements and restrictions in ORS chapter 181 and other applicable federal and state laws, rules adopted by the Oregon Department of State Police pursuant thereto (see OAR chapter 257, division 15), these rules, and any written agreement between the OST and the any entity that performs criminal records checks on behalf of OST.

(E) If a fingerprint-based criminal records check was conducted with regard to a subject individual, the OST shall permit that subject individual to inspect his or her own state and federal criminal offender information, unless prohibited by federal law.

(F) If a subject individual with a right to inspect criminal offender information under subsection (E) requests, the OST shall provide the subject individual with a copy of the individual’s own state and federal criminal offender information, unless prohibited by federal law.

(c) Other Records.

(A) The OST shall treat all records received or created under these rules that concern the criminal history of a subject individual, other than records covered under subsection (b) of this section, including OST Criminal Records Request Forms and fingerprint cards, as confidential pursuant to ORS 181.534(15) or as allowed by other law with respect to information obtained from a private contractor. Information received as a result of a criminal records check shall be secured in a file separate from the employee’s official personnel file. Destruction of the information received as a result of a criminal records check shall be consistent with state or federal law.

(B) Within the OST, only authorized designees shall have access to the records identified under subsection (c)(A) of this section.

(C) An authorized designee shall have access to records identified under subsection

(c)(A) of this section only if the authorized designee has a demonstrated and legitimate need to know the information contained in the records.

(D) A subject individual shall have access to records identified under subsection (c)(A) of this section pursuant to the terms of the Public Records Law, ORS 192.410 to 192.505.

(12) Authorized Designees.

(a) Appointment

(A) The Oregon State Treasurer shall designate positions within the OST as including the responsibilities of an authorized designee.

(B) Appointment to one of the designated positions shall be contingent upon an individual being approved under the OST’s criminal records check and fitness determination process.

(C) Appointments shall be made by the State Treasurer at his or her discretion.

(b) The State Treasurer and the Deputy State Treasurer may also serve as authorized designees, contingent on being approved under the OST’s criminal records check and fitness determination process.

(c) Conflict of Interests. An authorized designee shall not participate in a fitness determination or review any information associated with a fitness determination for a subject individual if either of the following is true:

(A) The authorized designee is related to the subject individual; or

(B) The authorized designee has a financial or close personal relationship with the subject individual. If an authorized designee is uncertain of whether a relationship with a subject individual qualifies as a financial or close personal relationship under this subsection, the authorized designee shall consult with his or her supervisor prior to taking any action that would violate this rule if such a relationship were determined to exist.

(d) Termination of Authorized Designee Status.

(A) When an authorized designee's employment in a designated position ends, his or her status as an authorized designee is automatically terminated.

(B) An authorized designee shall immediately report to his or her supervisor if he or she is arrested for or charged with, is being investigated for, or has an outstanding warrant or pending indictment for a crime described in section (7) of this rule. Failure to make the required report is grounds for termination of the individual’s appointment to a designated position within the OST, and thereby termination of his or her status as an authorized designee.

(13) Fees.

(a) The OST may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged the Department by the Oregon Department of State Police, the Federal Bureau of Investigation, or a contractor conducting a criminal background check to obtain criminal offender information on the subject individual.

(b) The OST may not charge the fee to the subject individual on whom criminal offender information is sought if the subject individual is being considered for employment with OST or providing volunteer services to OST,

(c) The OST may charge a fee to the subject individual if he or she is a contractor or vendor and is undergoing a fitness determination in that capacity, or the OST may charge the fee to the subject individual’s employer.

(d) The OST may charge a fee to a subject individual that has been appointed or is being considered for appointment to a board or commission by the State Treasurer.

Stat. Auth.: ORS 181.534, 184.340 & 184.365
Stats. Implemented: ORS 181.534(9)
Hist.: OST 1-2008, f. & cert. ef. 3-3-08

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