OAR 407-007-0020
Criminal History Check Required

(1) SIs must have a criminal records check in the following circumstances:
(a) If an individual becomes an SI on or after the effective date of these rules.
(b) Except as provided in section (2) of this rule, if the individual, whether previously considered an SI or not, changes positions, and the position requires a criminal records check. Change in a position may include but is not limited to promotion, transfer, demotion, re-employment, job rotation, developmental assignment, restoration, layoff, or recall.
(c) If the Department has reason to believe that a criminal records check is justified. Examples include but are not limited to credible evidence of new potentially disqualifying convictions or conditions by an SI or quality assurance monitoring of a previously conducted criminal records check.
(d) If the SI’s position requires use or access to CJI, or CJIS clearance pursuant to the FBI CJIS Security Policy, version 5.8 (6/2019) or current version.
(e) If the SI’s position in state services requires use or access to FTI, the SI must have a new criminal records check every five years.
(2) Human Resources may determine that conducting a new criminal records check and fitness determination for an employee is not required.
(a) After submission of a criminal records check, Human Resources may consider ending the criminal records check if:
(A) The SI who has been offered a new position has completed a previous criminal records check and fitness determination with an outcome of approved; and
(B) There has been no break in employment with the Department.
(b) Human Resources may cease the criminal records check without making a new fitness determination if there is no indication of new potentially disqualifying crimes or conditions, and at least one of the following is true:
(A) The previous criminal records check identified no potentially disqualifying crimes or conditions as defined at that time and Human Resources determines that the previous fitness determination is sufficient for the new position.
(B) Human Resources determines that the new position requires the same or less responsibility or access in the duties as described in OAR 407-007-0060 (Weighing Test)(3).
(3) All SIs shall notify Human Resources within five days of being arrested, charged, or convicted of any crime.

Source: Rule 407-007-0020 — Criminal History Check Required, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-007-0020 (accessed May 26, 2025).

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

May 26, 2025

Rule 407-007-0020's source at or​.us