OAR 407-007-0340
Record Keeping, Confidentiality

(1) All LEDS reports are confidential and the Department and Authority shall maintain the reports in accordance with applicable OSP requirements in ORS chapter 181 and the rules adopted pursuant thereto (see OAR chapter 257, division 15).
(a) LEDS reports are confidential and may only be shared within BCU if there is a need to know consistent with these rules.
(b) The LEDS report and any photocopies may not be shown or given to the SI.
(2) The results of a national criminal records check provided by the FBI or the OSP are confidential and may not be disseminated by BCU unless:
(a) If an SI requests the results of a fingerprint-based criminal records check received by BCU, the SI shall be provided a copy of the results.
(b) The state and national criminal offender information shall be provided as exhibits during the contested case hearing.
(3) The results of an abuse check are confidential and may not be disseminated by the Department or the Authority except in compliance with confidentiality statutes and guidelines of the Department or the Authority. An SI may not have access to confidential information contained in abuse investigation reports or other records collected or developed during the abuse check process without an order of discovery limiting further disclosure of the information during the contested case hearing process.
(4) All completed background check requests, other criminal history information, and other records collected or developed during the background check or contested case process shall be kept confidential and disseminated only on a need-to-know basis.
(5) The Department and Authority shall retain and destroy all criminal records check documents pursuant to federal law and records retention schedules published by Oregon State Archives.
(6) Documents retained by a QE may only be viewed by an approved QED or licensing staff authorized by the Department or Authority as part of monitoring compliance with licensing and program administrative rules.
(7) Documents retained by a QE may be requested and reviewed by the Department and the OSP for the purposes of determining and ensuring compliance with these rules.
(8) If an error is discovered on a notice of fitness determination, BCU may correct it by issuing an amended notice of fitness determination.

Source: Rule 407-007-0340 — Record Keeping, Confidentiality, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-007-0340 (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 407-007-0340's source at or​.us