Oregon State Archives
The Oregon Administrative Rules contain OARs filed through April 15, 2013 
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION
OREGON HEALTH AUTHORITY,
OFFICE OF PRIVATE HEALTH PARTNERSHIPS
OREGON HEALTH AUTHORITY,
OFFICE OF PRIVATE HEALTH PARTNERSHIPS
OREGON HEALTH AUTHORITY,
OFFICE OF PRIVATE HEALTH PARTNERSHIPS
OREGON HEALTH AUTHORITY,
OFFICE OF PRIVATE HEALTH PARTNERSHIPS
OREGON HEALTH AUTHORITY,
OFFICE OF PRIVATE HEALTH PARTNERSHIPS
DIVISION 1
PROCEDURAL RULES
442-001-0000
Notice
The Office of Private Health Partnerships will give notice before adoption, amendment or repeal of any permanent rule:
(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days before the hearing or intended action’s effective date;
(2) By mailing copies of the notice to people on the mailing list and publications and organizations listed in policy, at least thirty (30) days prior to the rule’s effective date; and
(3) By mailing a notice copy to the legislators specified in ORS 183.335(15) at least 49 days before the rule’s effective date.
Stat. Auth.: ORS 183 & 653
Stats. Implemented: ORS 183
Hist.: IP 2-1989(Temp), f. 1-13-89, cert. ef. 1-18-89; IP 4-1989, f. & cert. ef. 9-29-89; IPGB 1-2004, f. & cert. ef. 11-1-04; OPHP 4-2008, f. 12-31-08, cert. ef. 1-1-09
442-001-0005
Model Rules of Procedure
In agreement with the provisions of ORS 183.341, OPHP adopts the entire Attorney General's Model Rules of Procedure under the Administrative Procedures Act effective January 1, 2008.
[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the Office of the Attorney General or the Insurance Pool Governing Board.]
Stat. Auth.: ORS 183, 653.735 & 653.835
Stats. Implemented: ORS 183
Hist.: IP 1-1989, f. & cert. ef. 1-13-89; IPGB 1-1998, f. 2-18-98, cert. ef. 3-1-98; IPGB 1-2004, f. & cert. ef. 11-1-04; OPHP 4-2008, f. 12-31-08, cert. ef. 1-1-09
442-001-0050
Statement of Purpose and Statutory Authority
OARs 442-001-0050 through 442-001-0160 are adopted to carry out ORS 735.711 Criminal Records Checks (CRC), for the purpose of checking criminal history in Oregon or anywhere in the United States under 181.534.
Stat. Auth. ORS 735.707
Stats. Implemented: ORS 735.700 - 735.714
Hist.: OPHP 4-2008, f. 12-31-08, cert. ef. 1-1-09
442-001-0060
Definitions
(1) “Criminal Records Check (CRC)” means one of the following three processes used to check a subject individual’s criminal history:
(a) Law Enforcement Data Systems (LEDS) uses names to check criminal offender information using the rules and procedures created by the Oregon Department of State Police (ODSP);
(b) An Oregon Criminal Records Check uses fingerprint identification to check criminal offender information in Oregon. Fingerprinting is done by ODSP; or
(c) A Nationwide Criminal Records Check uses fingerprint identification to check records for national criminal offender information. The Oregon Department of State Police does the fingerprinting. The Federal Bureau of Investigation does the search.
(2) “Fitness Determination” is the process used to find out if a subject individual is or is not fit to be an Office employee, volunteer, contractor, or vendor as described in OAR 442-001-0070.
(3) “Office” is the Office of Private Health Partnerships or any program within the agency.
(4) “Subject Individual” is described in OAR 442-001-0070.
Stat. Auth. ORS 735.707
Stats. Implemented: ORS 735.700 - 735.714
Hist.: OPHP 4-2008, f. 12-31-08, cert. ef. 1-1-09
442-001-0070
Subject Individual
A subject individual is a person who:
(1) Works or is applying to work for the Office;
(2) Provides a service to the Office as a:
(a) Volunteer;
(b) Contractor; or
(c) Vendor; or
(3) Has or will have access to confidential information based on state or federal laws or rules as described in the OPHP Internal Operating Policy “Criminal Records Check.”
Stat. Auth. ORS 735.707
Stats. Implemented: ORS 735.700 - 735.714
Hist.: OPHP 4-2008, f. 12-31-08, cert. ef. 1-1-09
442-001-0080
Criminal Records Check Required
The Office may perform, or request ODSP to perform a CRC when:
(1) A person meets the definition of subject individual as described in OAR 442-001-0070; or
(2) It is required by federal law, state or administrative rule, or by contract or written agreement with the Office.
Stat. Auth. ORS 735.707
Stats. Implemented: ORS 735.700 - 735.714
Hist.: OPHP 4-2008, f. 12-31-08, cert. ef. 1-1-09
442-001-0090
Criminal Records Check Process
The written CRC process, along with the Internal Operating Policy, can be found in the Agency Resources section of the Office’s Procedure Manual.
Stat. Auth. ORS 735.707
Stats. Implemented: ORS 735.700 - 735.714
Hist.: OPHP 4-2008, f. 12-31-08, cert. ef. 1-1-09
442-001-0100
Potentially Disqualifying Crimes
(1) A guilty verdict may disqualify a subject individual from being hired or promoted within the Office or being allowed to provide services to the Office as a volunteer, contractor or vendor.
(2) Crimes Relevant to a Fitness Determination include:
(a) All felonies;
(b) All misdemeanors; and
(c) Any Federal crime, United States Military crime or international crime.
(3) Assigned Office staff will review each crime identified in a CRC based on:
(a) Oregon law;
(b) Federal law; or
(c) The laws of any other area that are valid and in effect at the time of the fitness determination.
(4) At no time will a subject individual be denied under these rules because of a juvenile record that has been sealed or deleted in agreement with ORS 419A.260 and 419A.262.
Stat. Auth. ORS 735.707
Stats. Implemented: ORS 735.700 - 735.714
Hist.: OPHP 4-2008, f. 12-31-08, cert. ef. 1-1-09
442-001-0110
Final Fitness Determination
(1) If the Office decides to conduct a CRC, three factors will be considered in making a final fitness determination:
(a) Information given to the Office by the subject individual;
(b) Information received as a result of the CRC; and
(c) Any false statements made by the subject individual and found during the fitness determination process.
(2) When considering these factors, the Office may ask for other information from the subject individual or any other source inside or outside Oregon, including:
(a) Law enforcement;
(b) Criminal justice agencies; or
(c) Courts.
(3) To get other criminal offender information from the subject individual, the Office may request:
(a) To meet with the person;
(b) Written materials from the person; or
(c) Authorization from the person to get related information from other sources.
(4) If requested, the subject individual must meet with or provide the requested information to the Office within a reasonable period of time as determined by the Office. The Office will use this information to:
(a) Consider special circumstances about the nature of a crime. Special circumstances are defined in the OPHP Internal Operating Policy “Criminal Records Check.”
(b) Evaluate any crime. During this review the Office will consider:
(A) The nature of the crime;
(B) Facts that support the conviction or pending charge or possible false statement; and
(C) If there is one, the connection of the crime or false statement to the specific requirements of the subject individual’s current or future job, services, or general employment.
(c) Consider other facts related to the subject individual’s job or services’ responsibilities. “Other facts” are defined in the OPHP Internal Operating Policy, “Criminal Records Check”.
(5) If a subject individual refuses to consent to a CRC, including fingerprint identification, the Office will not:
(a) Promote;
(b) Hire; or
(c) Allow the person the right to provide services. The person may not appeal this decision if it was made based on a refusal to consent to the CRC.
(6) If a subject individual is determined unfit, the Office will not:
(a) Hire;
(b) Promote; or
(c) Allow the person to provide services as a:
(A) Volunteer;
(B) Contractor; or
(C) Vendor in a position described in the OPHP Internal Operating Policy “Criminal Records Check.”
(7) A completed fitness determination is a final order of the Office unless the subject individual requests:
(a) A contested case hearing as provided by OAR 442-001-0130(2); or
(b) An alternative appeals process as provided by OAR 442-001-0130(8).
(8) The Office will inform the subject individual determined unfit because of a CRC, of its decision, by:
(a) Personal service; or
(b) Registered or certified mail to the most current address provided by the subject individual.
Stat. Auth. ORS 735.707
Stats. Implemented: ORS 735.700 - 735.714
Hist.: OPHP 4-2008, f. 12-31-08, cert. ef. 1-1-09
442-001-0120
Incomplete Fitness Determination
(1) The department will consider a fitness determination incomplete and close it when:
(a) Circumstances change and a person no longer meets the definition of a “subject individual” under OAR 442-001-0070;
(b) The subject individual does not provide materials or information described in agency policy and procedure under OAR 442-001-0090 within the rule time frames;
(c) The department cannot locate or contact the subject individual;
(d) The subject individual fails or refuses to cooperate with the department’s attempts to acquire other relevant information described in agency policy and procedure under OAR 442-001-0090;
(e) The department determines that the subject individual is ineligible or unqualified for the position for a reason unrelated to the fitness determination process; or
(f) The position is no longer open.
(2) A subject individual does not have a right to challenge a fitness determination closing because it’s incomplete using:
(a) A contested case hearing under OAR 442-001-0130(2); or
(b) An alternate appeals process under OAR 442-001-0130(8).
Stat. Auth. ORS 735.707
Stats. Implemented: ORS 735.700 - 735.714
Hist.: OPHP 4-2008, f. 12-31-08, cert. ef. 1-1-09
442-001-0130
Contesting a Fitness Determination
The contested case hearing process describing how a subject individual may appeal a fitness determination made under OAR 442-007-0110 is outlined in agency policy and procedure.
(1) The Attorney General’s Model Rules of Procedure, OAR 137-003-0001 through 137-003-0092, apply unless the Office refers the matter to the Office of Administrative Hearings to assign an Administrative Law Judge. If the Office refers the matter to the Office of Administrative Hearings, 137-003-0501 through 137-003-0700 will apply.
(2) A subject individual who is currently an Office employee and is denied as unfit because of a final fitness determination may appeal the fitness determination either:
(a) Under this rule’s contested case process; or
(b) Through applicable personnel rules and policy processes.
(3) A subject individual’s decision to appeal a fitness determination using applicable personnel rules and policies waives the right to a contested case hearing.
(4) The only decision that may be made is whether or not the subject individual is fit or unfit. The office will not be required to place a subject individual in any position, nor accept services from or enter into a contractual agreement with a subject individual under any circumstance.
(5) A subject individual may not use the appeals process established by this rule to challenge the accuracy or completeness of information provided by:
(a) The Oregon Department of State Police;
(b) The Federal Bureau of Investigation, or
(c) Agencies reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation.
(6) A subject individual may use any process made available by the agency providing the information to challenge the accuracy or completeness of information identified in this section.
(7) The Office’s hiring process or employment decisions will not be delayed by:
(a) Appealing a fitness determination;
(b) Challenging criminal offender information with the agency providing the information; or
(c) Requesting a new criminal records check and re-evaluation of the original fitness determination.
Stat. Auth. ORS 735.707
Stats. Implemented: ORS 735.700 - 735.714
Hist.: OPHP 4-2008, f. 12-31-08, cert. ef. 1-1-09
442-001-0140
Agency Representation
(1) The Administrator may designate an agency manager or employee to appear on behalf of the Office in contested case hearings conducted based on these rules.
(2) Office managers, employees, or other authorized personnel may not present legal argument as defined under OAR 137-003-0008 on behalf of the Office in contested case hearings that are conducted based on these rules.
(3) When the Office decides it is necessary to consult with the Attorney General’s office, the hearings officer will provide a reasonable period of time for an agency representative to do so in order to obtain either written or oral legal argument or advice, if needed.
Stat. Auth. ORS 735.707
Stats. Implemented: ORS 735.700 - 735.714
Hist.: OPHP 4-2008, f. 12-31-08, cert. ef. 1-1-09
442-001-0150
Record Keeping, Confidentiality
(1) Any information obtained in the criminal records check is confidential.
(2) The Office must restrict giving out information obtained in the criminal records check. Only people identified by the agency, with a valid need to know the information, may have access to criminal records check documents.
Stat. Auth. ORS 735.707
Stats. Implemented: ORS 735.700 - 735.714
Hist.: OPHP 4-2008, f. 12-31-08, cert. ef. 1-1-09
442-001-0160
Fees
The agency may charge a fee for getting criminal offender information used in making a fitness determination.
(1) The fee will not exceed the fee(s) charged the department by the Oregon Department of State Police and the Federal Bureau of Investigation to get criminal offender information on the subject individual.
(2) The agency may charge the subject individual the fee; or
(3) If the subject individual is an employee of an Office contractor and is undergoing a fitness determination in that capacity, the agency may charge the subject individual’s employer for the fee.
Stat. Auth. ORS 735.707
Stats. Implemented: ORS 735.700 - 735.714
Hist.: OPHP 4-2008, f. 12-31-08, cert. ef. 1-1-09
The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use