OAR 407-007-0000
Purpose and Scope


(1) The purpose of these rules, OAR 407-007-0000 to 407-007-0100 (Variances) is to supplement OAR 125-008-0200 to 125-007-0330 (Fees) with guidelines and requirements specific to background checks for Department of Human Services (Department) and Oregon Health Authority (Authority) subject individuals (SIs). These rules provide for the reasonable screening under ORS 181A.195 (Criminal records check), 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints), 409.027 (Abuse and neglect reports) AND 413.036 (Use of abuse and neglect reports for screening subject individuals) of the Department’s employees, volunteers, and contractors to determine if they have a history of specific criminal behavior identified in federal or state law or rules such that they should not be allowed to work, volunteer, be employed, or otherwise perform in positions covered by these rules.
(2) These rules apply to evaluating potentially disqualifying convictions and conditions of an SI when conducting fitness determinations based upon such information. The fact that an SI is approved does not guarantee employment or placement. Except for OAR 407-007-0010 (Definitions), these rules do not apply to SIs covered under OAR 407-007-0200 (Purpose and Scope) to 407-007-0370 (Variances).
(3) The Authority authorizes the Background Check Unit (BCU), a shared service of the Department and the Authority, to act on its behalf in performing criminal records checks. References in these rules to the Department or Authority shall be construed to be references to either or both agencies.
(4) Although abuse checks may occur concurrently with criminal records checks and may share similar processes, the criminal records check process is separate and distinct from the abuse checks that may be performed under OAR 407-007-0400 (Purpose) to 407-007-0460 (Confidentiality).
407–007–0000
Purpose and Scope
407–007–0010
Definitions
407–007–0020
Criminal History Check Required
407–007–0030
Criminal Records Check Process
407–007–0041
Potentially Disqualifying Convictions
407–007–0050
Potentially Disqualifying Conditions
407–007–0060
Weighing Test
407–007–0065
Hired on a Preliminary Basis
407–007–0070
Final Fitness Determinations
407–007–0080
Contesting a Final Fitness Determination
407–007–0090
Record Keeping, Confidentiality
407–007–0100
Variances
407–007–0200
Purpose and Scope
407–007–0210
Definitions
407–007–0220
Background Check Required
407–007–0230
Qualified Entity
407–007–0240
QE Designees and QE Initiators
407–007–0250
Background Check Process
407–007–0275
Convictions Under ORS 443.004 Resulting in Ineligibility for Aging and People with Disabilities Program and Developmental Disabilities Program SIs
407–007–0277
Convictions Under ORS 443.004 Resulting in Ineligibility for Mental Health or Alcohol and Drug Program SIs
407–007–0279
Federal Mandatory Exclusions
407–007–0281
Potentially Disqualifying Convictions
407–007–0290
Potentially Disqualifying Conditions
407–007–0300
Weighing Test
407–007–0315
Hired on a Preliminary Basis
407–007–0318
Approval for “Family First” Subject Individuals
407–007–0320
Final Fitness Determinations
407–007–0330
Contesting a Fitness Determination
407–007–0340
Record Keeping, Confidentiality
407–007–0350
Immunity from Liability
407–007–0370
Variances
407–007–0400
Purpose
407–007–0410
Definitions
407–007–0420
Reporting Abuse Allegations Required
407–007–0430
Applicants to the Department
407–007–0440
Current Employees of the Department
407–007–0445
Employees Who Apply or Are Hired at SACU after 1/1/2018
407–007–0450
Current Volunteers of the Department
407–007–0455
Current Contract SIs of the Department
407–007–0460
Confidentiality
407–007–0600
Purpose
407–007–0610
Definitions
407–007–0620
Background Check Registry
407–007–0630
Reporting Requirements for Qualified Entities
407–007–0640
Access and Release of Information
Last Updated

Jun. 8, 2021

Rule 407-007-0000’s source at or​.us