OAR 407-007-0410
Definitions

In addition to the definitions in OAR 125-007-0210 (Definitions) and 407-007-0010 (Definitions), the following definitions apply to OAR 407-007-400 to 407-007-0460 (Confidentiality):

(1)

“Closed case” means an abuse check that has been closed without a fitness determination.

(2)

“Director” means the Department’s Director or designee.

(3)

"Founded or substantiated” has the meanings given in the Department’s administrative rules corresponding to the setting in which the abuse was alleged or investigated.

(4)

“Potentially disqualifying abuse” means abuse in which the finding of an abuse investigation report is founded or substantiated and the subject individual is determined to have been responsible for the abuse. If formal review or appeal rights are offered to the alleged perpetrator (the subject individual), BCU may consider the abuse as potentially disqualifying after these rights are completed or timed out.

(5)

“Subject individual (SI)” means an individual on whom the Department may conduct an abuse check. An SI includes any of the following:

(a)

A Department employee.

(b)

An individual who has been offered employment by the Department.

(c)

An individual secured by the Department through the services of a temporary employment agency, staffing agency, or personnel services agency who is providing any of the duties or having access as described in OAR 407-007-0060 (Weighing Test)(3).

(d)

A Department client who is placed in the Work Experience or JOBS Plus program at a Department site.

(e)

An individual who provides or seeks to provide services to the Department at Department facilities, sites, or offices as a contractor, subcontractor, vendor, volunteer under Department direction and control, or student under Department direction and control who:

(A)

May have contact with clients;

(B)

Has access to personal information about employees of the Department, clients, or members of the public, including but not limited to Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information, or criminal background information;

(C)

Has access to information the disclosure of which is prohibited by state or federal laws, rules, or regulations or information that is defined as confidential under state or federal laws, rules, or regulations;

(D)

Has access to property held in trust or to private property in the temporary custody of the state;

(E)

Has payroll or fiscal functions or responsibility for:
(i)
Receiving, receipting or depositing money or negotiable instruments;
(ii)
Billing, collections, setting up financial accounts, or other financial transactions; or
(iii)
Purchasing or selling property;

(F)

Provides security, design or construction services for government buildings, grounds, or facilities;

(G)

Has access to critical infrastructure or secure facilities information; or

(H)

Is providing information technology services and has control over or access to information technology systems.

(f)

Any individual applying for employment or a volunteer placement or any employee, volunteer, contractor, or employee of any contractor in any of the following:

(A)

A State-operated or Authority-contracted secure residential treatment facility;

(B)

A State-operated residential training home within the Department’s Stabilization and Crisis Unit (SACU);

(C)

Oregon State Hospital.

Source: Rule 407-007-0410 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-007-0410.

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 407-007-0410’s source at or​.us