OAR 414-061-0050
History to Be Considered
(1)
OCC has determined that serious felonies and misdemeanors involving violence or unauthorized sexual conduct, especially with children or otherwise vulnerable persons, is fundamentally inconsistent with any responsibility for care of children. Conviction of crimes listed in Category I of this rule shall disqualify a subject individual from being enrolled in the Central Background Registry, unless the subject individual provides sufficient evidence of suitability as described in section (9) of this rule.(a) OCC will consider conviction of the following crimes for 15 years or less prior to the date the subject individual signed the Application for Enrollment in OCC’s Central Background Registry. The 15 years will run from the date of arrest, citation, charge, or conviction whichever is later.
(A) 163.515 (Bigamy) Bigamy.
(B) 164.225 (Burglary in the first degree) Burglary in the first degree.
(C) 163.275 (Coercion) Coercion.
(D) 163.200 (Criminal mistreatment in the second degree) Criminal mistreatment in the second degree.
(E) 166.270 (Possession of weapons by certain felons) Possession of weapons by certain felons.
(F) 166.720 (Racketeering activity unlawful) Racketeering activity unlawful; penalties.
(G) 164.405 (Robbery in the second degree) Robbery in the second degree.
(H) 164.395 (Robbery in the third degree) Robbery in the third degree.
(I) 163.445 (Sexual misconduct) Sexual misconduct.
(J) 163.732 (Stalking) Stalking.
(K) 162.185 (Supplying contraband) Supplying contraband.
(L) 166.220 (Unlawful use of weapon) Unlawful use of weapon.
(M) 163.257 (Custodial interference in the first degree) Custodial interference in the first degree.
(b) OCC will consider conviction of the following crimes for 20 years or less prior to the date the subject individual signed the Application for Enrollment in OCC’s Central Background Registry. The 20 years will run from the date of arrest, citation, charge, or conviction whichever is later.
(A) 166.087 (Abuse of corpse in the first degree) Abuse of corpse in the first degree.
(B) 166.085 (Abuse of corpse in the second degree) Abuse of corpse in the second degree.
(C) 475.908 (Causing another person to ingest a controlled substance) Causing another person to ingest a controlled substance.
(D) 475B.367 (Causing another person to ingest marijuana) Causing another person to ingest marijuana.
(E) 163.205 (Criminal mistreatment in the first degree) Criminal mistreatment in the first degree.
(F) 163.145 (Criminally negligent homicide) Criminally negligent homicide.
(G) 162.165 (Escape in the first degree) Escape in the first degree.
(H) 163.693 (Failure to report child pornography) Failure to report child pornography.
(I) 181.812 Failure to report as sex offender; defense.
(J) 166.429 (Firearms used in felony) Firearms used in felony.
(K) 163.525 (Incest) Incest.
(L) 166.165 (Bias crime in the first degree) Intimidation in the first degree.
(M) 166.155 (Bias crime in the second degree) Intimidation in the second degree.
(N) 163.125 (Manslaughter in the second degree) Manslaughter in the second degree.
(O) 166.382 (Possession of destructive device prohibited) Possession of destructive device prohibited; exceptions.
(P) 166.275 (Possession of weapons by inmates of institutions) Possession of weapons by inmates of institutions.
(Q) 167.012 (Promoting prostitution) Promoting prostitution.
(R) 167.090 (Publicly displaying nudity or sex for advertising purposes) Publicly displaying nudity or sex for advertising purposes.
(S) 163.355 (Rape in the third degree) Rape in the third degree.
(T) 164.415 (Robbery in the first degree) Robbery in the first degree.
(U) 167.062 (Sadomasochistic abuse or sexual conduct in live show) Sadomasochistic abuse or sexual conduct in live show.
(V) 167.212 (Tampering with drug records) Tampering with drug records.
(W) 164.075 (Extortion) Theft by extortion.
(X) 163.479 (Unlawful contact with a child) Unlawful contact with a child.
(Y) 166.384 (Unlawful manufacture of destructive device) Unlawful manufacture of destructive device.
(Z) 166.660 (Unlawful paramilitary activity) Unlawful paramilitary activity.
(AA) 166.272 (Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers) Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers.
(BB) 163.212 (Unlawful use of an electrical stun gun, tear gas or mace in the second degree) Unlawful use of an electrical stun gun, tear gas or mace in the second degree.
(CC) 163.476 (Unlawfully being in a location where children regularly congregate) Unlawfully being in a location where children regularly congregate.
(c) OCC will consider the following crimes regardless of the length of time since the conviction.
(A) 167.820 (Concealing the birth of an infant) Concealing the birth of an infant.
(B) 167.080 (Displaying obscene materials to minors) Displaying obscene materials to minors.
(C) 167.341 (Encouraging sexual assault of an animal) Encouraging sexual assault of an animal.
(D) 167.075 (Exhibiting an obscene performance to a minor) Exhibiting an obscene performance to a minor.
(E) 167.057 (Luring a minor) Luring a minor.
(F) 166.370 (Possession of firearm or dangerous weapon in public building or court facility) Possession of firearm or dangerous weapon in public building or court facility exception; discharging a firearm in a school.
(G) 433.010 (Spreading disease prohibited) Spreading disease prohibited; health certificates to be issued by physicians; rules.
(H) 163.264 (Subjecting another person to involuntary servitude in the first degree) Subjecting another person to involuntary servitude in the first degree.
(I) 163.263 (Subjecting another person to involuntary servitude in the second degree) Subjecting another person to involuntary servitude in the second degree.
(J) 163.213 (Unlawful use of an electrical stun gun, tear gas or mace in the first degree) Unlawful use of an electrical stun gun, tear gas or mace in the first degree.
(2) OCC has further determined that felonies and misdemeanors involving theft, fraud, or deception, crimes against the state and public justice, and major traffic violations may substantially jeopardize the safety of children and are inconsistent with any position of unsupervised contact with children or otherwise vulnerable persons. If any subject individual was convicted of a crime listed in Category II of this rule, OCC will seek to obtain and review information on all intervening circumstances and other background information related to criminal activity, subject to section (9) of this rule. OCC will make a determination whether an individual is suitable for enrollment in the Central Background Registry based on all information available.
(a) OCC will consider conviction of the following crimes for 5 years or less prior to the date the subject individual signed the Application for Enrollment in OCC’s Central Background Registry. The 5 years will run from the date of arrest, citation, charge, or conviction whichever is later.
(A) 162.015 (Bribe giving) Bribe giving.
(B) 162.025 (Bribe receiving) Bribe receiving.
(C) 162.275 (Bribe receiving by a witness) Bribe receiving by a witness.
(D) 162.265 (Bribing a witness) Bribing a witness.
(E) 162.335 (Compounding) Compounding.
(F) 811.182 (Criminal driving while suspended or revoked) Criminal driving while suspended or revoked; penalties.
(G) 164.354 (Criminal mischief in the second degree) Criminal mischief in the second degree.
(H) 192.865 (Criminal penalty) Criminal penalty (192.852 (Prohibition on obtaining actual address or telephone number) Prohibition on obtaining actual address or telephone number; prohibition on disclosure by employee of public body).
(I) 165.022 (Criminal possession of a forged instrument in the first degree) Criminal possession of a forged instrument in the first degree.
(J) 165.017 (Criminal possession of a forged instrument in the second degree) Criminal possession of a forged instrument in the second degree.
(K) 165.032 (Criminal possession of a forgery device) Criminal possession of a forgery device.
(L) 164.245 (Criminal trespass in the second degree) Criminal trespass in the second degree.
(M) 166.025 (Disorderly conduct in the second degree) Disorderly conduct in the second degree.
(N) 830.475 (Duties of operators and witnesses at accidents) Duties of operators and witnesses at accidents (failure to perform the duties of an operator of a boat).
(O) 162.145 (Escape in the third degree) Escape in the third degree.
(P) 162.205 (Failure to appear in the first degree) Failure to appear in the first degree.
(Q) 162.195 (Failure to appear in the second degree) Failure to appear in the second degree.
(R) 811.705 (Failure to perform duties of driver to injured persons) Failure to perform duties of driver to injured persons; penalty (hit and run, injury).
(S) 811.700 (Failure to perform duties of driver when property is damaged) Failure to perform duties of driver when property is damaged; penalty (hit and run, property).
(T) 165.007 (Forgery in the second degree) Forgery in the second degree.
(U) 418.630 (Foster home must be certified as approved) Foster home must be certified as approved.
(V) 165.570 (Improper use of emergency communications system) Improper use of emergency reporting system.
(W) 162.375 (Initiating a false report) Initiating a false report.
(X) 165.572 (Interference with making a report) Interference with making a report.
(Y) 162.257 (Interfering with a firefighter or emergency medical services provider) Interfering with a firefighter or emergency medical services provider.
(Z) 162.247 (Interfering with a peace officer or parole and probation officer) Interfering with a peace officer or parole and probation officer.
(AA) 166.116 (Interfering with public transportation) Interfering with public transportation.
(BB) 418.327 (Licensing of private residential boarding schools) Licensing of certain schools and organizations offering residential programs; fees; rules.
(CC) 166.095 (Misconduct with emergency telephone calls) Misconduct with emergency telephone calls.
(DD) 162.425 (Misuse of confidential information) Misuse of confidential information.
(EE) 166.450 (Obliteration or change of identification number on firearms) Obliteration or change of identification number on firearms.
(FF) 162.235 (Obstructing governmental or judicial administration) Obstructing governmental or judicial administration.
(GG) 162.415 (Official misconduct in the first degree) Official misconduct in the first degree.
(HH) 162.405 (Official misconduct in the second degree) Official misconduct in the second degree.
(II) 167.431 (Participation in cockfighting) Participation in cockfighting.
(JJ) 167.370 (Participation in dogfighting) Participation in dogfighting.
(KK) 162.065 (Perjury) Perjury.
(LL) 165.070 (Possessing fraudulent communications device) Possessing fraudulent communications device.
(MM) 164.235 (Possession of a burglary tool or theft device) Possession of a burglary tool or theft device.
(NN) 164.335 (Reckless burning) Reckless burning.
(OO) 811.140 (Reckless driving) Reckless driving; penalty.
(PP) 811.231 (Reckless endangerment of highway workers) Reckless endangerment of highway workers; penalties.
(QQ) 830.315 (Reckless boating) Reckless operation; speed (boat).
(RR) 162.315 (Resisting arrest) Resisting arrest.
(SS) 165.090 (Sports bribe receiving) Sports bribe receiving.
(TT) 165.085 (Sports bribery) Sports bribery.
(UU) 411.675 (Submitting wrongful claim for payment of public assistance or medical assistance) Submitting wrongful claim for payment of public assistance or medical assistance.
(VV) 162.295 (Tampering with physical evidence) Tampering with physical evidence.
(WW) 162.305 (Tampering with public records) Tampering with public records.
(XX) 164.045 (Theft in the second degree) Theft in the second degree.
(YY) 166.649 (Throwing an object off an overpass in the second degree) Throwing an object off an overpass in the second degree.
(ZZ) 033.045 Types of sanctions (Contempt of Court).
(AAA) 162.175 (Unauthorized departure) Unauthorized departure.
(BBB) 165.074 (Unlawful factoring of payment card transaction) Unlawful factoring of payment card transaction.
(CCC) 165.810 (Unlawful possession of a personal identification device) Unlawful possession of a personal identification device.
(DDD) 165.813 (Unlawful possession of fictitious identification) Unlawful possession of fictitious identification.
(EEE) 411.840 (Unlawfully obtaining or disposing of supplemental nutrition assistance) Unlawfully obtaining or disposing of supplemental nutrition assistance.
(FFF) 411.630 (Unlawfully obtaining public assistance or medical assistance) Unlawfully obtaining public assistance or medical assistance.
(GGG) 811.060 (Vehicular assault) Vehicular assault of bicyclist or pedestrian; penalty.
(HHH) 163.750 (Violating a court’s stalking protective order) Violating a court’s stalking protective order.
(b) OCC will consider conviction of the following crimes for 7 years or less prior to the date the subject individual signed the Application for Enrollment in OCC’s Central Background Registry. The 7 years will run from the date of arrest, citation, charge, or conviction whichever is later.
(A) 163.196 (Aggravated driving while suspended or revoked) Aggravate driving while suspended or revoked.
(B) 167.340 (Animal abandonment) Animal abandonment.
(C) 167.330 (Animal neglect in the first degree) Animal neglect in the first degree.
(D) 167.325 (Animal neglect in the second degree) Animal neglect in the second degree.
(E) 166.240 (Carrying of concealed weapons) Carrying of concealed weapons.
(F) 164.365 (Criminal mischief in the first degree) Criminal mischief in the first degree.
(G) 166.023 (Disorderly conduct in the first degree) Disorderly conduct in the first degree.
(H) 813.010 (Driving under the influence of intoxicants) Driving under the influence of intoxicants; penalty.
(I) 314.075 (Evading requirements of law prohibited) Evading requirements of law prohibited (tax evasion).
(J) 475.918 (Falsifying drug test results) Falsifying drug test results.
(K) 813.011 (Felony driving under the influence of intoxicants) Felony driving under the influence of intoxicants; penalty.
(L) 811.540 (Fleeing or attempting to elude police officer) Fleeing or attempting to elude police officer; penalty.
(M) 166.065 (Harassment) Harassment- if against a child.
(N) 609.098 (Maintaining dangerous dog) Maintaining dangerous dog.
(O) 830.325 (Operating boat while under influence of intoxicants) Operating boat while under influence of intoxicating liquor or controlled substance.
(P) 163.195 (Recklessly endangering another person) Recklessly endangering another person.
(Q) 162.285 (Tampering with a witness) Tampering with a witness.
(R) 166.090 (Telephonic harassment) Telephonic harassment.
(S) 166.651 (Throwing an object off an overpass in the first degree) Throwing an object off an overpass in the first degree.
(T) 164.135 (Unauthorized use of a vehicle) Unauthorized use of a vehicle.
(U) 166.250 (Unlawful possession of firearms) Unlawful possession of firearms.
(V) 167.808 (Unlawful possession of inhalants) Unlawful possession of inhalants.
(W) 133.310 (Authority of peace officer to arrest without warrant) Authority of peace officer to arrest without warrant (Violation of restraining order).
(c) OCC will consider conviction of the following crimes for 10 years or less prior to the date the subject individual signed the Application for Enrollment in OCC’s Central Background Registry. The 10 years will run from the date of arrest, citation, charge, or conviction whichever is later.
(A) 165.803 (Aggravated identity theft) Aggravated identity theft.
(B) 167.315 (Animal abuse in the second degree) Animal abuse in the second degree.
(C) 164.215 (Burglary in the second degree) Burglary in the second degree.
(D) 165.581 (Cellular counterfeiting in the first degree) Cellular counterfeiting in the first degree.
(E) 167.428 (Cockfighting) Cockfighting.
(F) 164.377 (Computer crime) Computer crime.
(G) 162.365 (Criminal impersonation of a public servant) Criminal impersonation.
(H) 162.367 (Criminal impersonation of a peace officer) Criminal impersonation of peace officer.
(I) 164.138 (Criminal possession of a rented or leased motor vehicle) Criminal possession of a rented or leased motor vehicle.
(J) 164.255 (Criminal trespass in the first degree) Criminal trespass in the first degree.
(K) 164.265 (Criminal trespass while in possession of a firearm) Criminal trespass while in possession of a firearm.
(L) 163.245 (Custodial interference in the second degree) Custodial interference in the second degree.
(M) 167.365 (Dogfighting) Dogfighting.
(N) 165.013 (Forgery in the first degree) Forgery in the first degree.
(O) 165.055 (Fraudulent use of a credit card) Fraudulent use of a credit card.
(P) 165.800 (Identity theft) Identity theft.
(Q) 167.355 (Involvement in animal fighting) Involvement in animal fighting.
(R) 166.470 (Limitations and conditions for sales of firearms) Limitations and conditions for sales of firearms.
(S) 164.162 (Mail theft or receipt of stolen mail) Mail theft or receipt of stolen mail.
(T) 163.190 (Menacing) Menacing.
(U) 164.098 (Organized retail theft) Organized retail theft.
(V) 166.190 (Pointing firearm at another) Pointing firearm at another; courts having jurisdiction over offense.
(W) 819.300 (Possession of a stolen vehicle) Possession of a stolen vehicle; penalty.
(X) 162.369 (Possession of a false law enforcement identification card) Possession of false law enforcement identification card.
(Y) 163.467 (Private indecency) Private indecency.
(Z) 685.990 (Penalties) Penalties (pertaining to naturopathic medicine).
(AA) 677.080 (Prohibited acts) Prohibited acts (regarding the practice of medicine).
(BB) 475B.329 (Prohibition regarding person who is visibly intoxicated) Prohibition regarding person who is visibly intoxicated; prohibition against allowing consumption of marijuana by person under 21 years of age on private property; penalty.
(CC) 471.410 (Providing liquor to person under 21 or to intoxicated person) Providing liquor to person under 21 or to intoxicated person; allowing consumption by minor on property; mandatory minimum penalties.
(DD) 689.527 (Prohibited practices) Prohibited practices; rules (pertaining to pharmacy technicians and practitioners).
(EE) 166.480 (Sale or gift of explosives to children) Sale or gift of explosives to children.
(FF) 164.085 (Theft by deception) Theft by deception.
(GG) 164.095 (Theft by receiving) Theft by receiving.
(HH) 164.055 (Theft in the first degree) Theft in the first degree.
(II) 164.125 (Theft of services) Theft of services.
(JJ) 164.272 (Unlawful entry into a motor vehicle) Unlawful entry into a motor vehicle.
(d) OCC will consider conviction of the following crimes for 15 years or less prior to the date the subject individual signed the Application for Enrollment in OCC’s Central Background Registry. The 15 years will run from the date of arrest, citation, charge, or conviction whichever is later.
(A) 167.322 (Aggravated animal abuse in the first degree) Aggravated animal abuse in the first degree.
(B) 166.070 (Aggravated harassment) Aggravated harassment.
(C) 164.057 (Aggravated theft in the first degree) Aggravated theft in the first degree.
(D) 167.320 (Animal abuse in the first degree) Animal abuse in the first degree.
(E) 475B.359 (Arson incident to manufacture of cannabinoid extract in first degree) Arson incident to manufacture of cannabinoid extract in first degree.
(F) 475B.363 (Arson incident to manufacture of cannabinoid extract in second degree) Arson incident to manufacture of cannabinoid extract in second degree.
(G) 163.160 (Assault in the fourth degree) Assault in the fourth degree.
(H) 163.208 (Assaulting a public safety officer) Assaulting a public safety officer.
(I) 167.339 (Assaulting a law enforcement animal) Assaulting a law enforcement animal.
(J) 167.008 (Commercial sexual solicitation) Commercial sexual solicitation.
(K) 475.900 (Crime category classification) Crime category classification; proof of commercial drug offense.
(L) 475.962 (Distribution of equipment, solvent, reagent or precursor substance with intent to facilitate manufacture of controlled substance) Distribution of equipment, solvent, reagent, or precursor substance with intent to facilitate manufacture of controlled substance.
(M) 164.172 (Engaging in a financial transaction in property derived from unlawful activity) Engaging in a financial transaction in property derived from unlawful activity.
(N) 162.155 (Escape in the second degree) Escape in the second degree.
(O) 475.955 (Failure to report missing precursor substances) Failure to report missing precursor substances.
(P) 475.950 (Failure to report precursor substances transaction) Failure to report precursor substance transaction.
(Q) 167.222 (Frequenting a place where controlled substances are used) Frequenting a place where controlled substances are used.
(R) 162.325 (Hindering prosecution) Hindering prosecution.
(S) 475.960 (Illegally selling drug equipment) Illegally selling drug equipment.
(T) 167.352 (Interfering with an assistance, a search and rescue or a therapy animal) Interfering with an assistance, a search and rescue or a therapy animal.
(U) 167.337 (Interfering with law enforcement animal) Interfering with law enforcement animal.
(V) 163.700 (Invasion of personal privacy in the second degree) Invasion of personal privacy.
(W) 164.170 (Laundering a monetary instrument) Laundering a monetary instrument.
(X) 165.117 (Metal property transaction records) Metal property transaction records; prohibited conduct; commercial sellers; penalties.
(Y) 166.180 (Negligently wounding another) Negligently wounding another.
(Z) 475.967 (Possession of precursor substance with intent to manufacture controlled substance) Possession of precursor substance with intent to manufacture controlled substance.
(AA) 475.977 (Possessing or disposing of methamphetamine manufacturing waste) Possession or disposing of methamphetamine manufacturing waste.
(BB) 475.914 (Prohibited acts for registrants) Prohibited acts for registrants; penalties.
(CC) 475.752 (Prohibited acts generally) Prohibited acts generally; penalties; affirmative defense for certain peyote uses; causing death by Schedule IV substance.
(DD) 475.916 (Prohibited acts involving records and fraud) Prohibited acts involving records and fraud; penalties.
(EE) 475B.333 (Prohibition against giving marijuana item as prize) Prohibition against giving marijuana item as prize; penalty.
(FF) 475B.227 (Prohibition against importing or exporting marijuana items) Prohibition against importing or exporting marijuana items.
(GG) 475B.311 (Prohibition against producing, processing or storing homemade cannabinoid extracts, industrial hemp extracts) Prohibition against producing, processing or storing homemade cannabinoid extracts.
(HH) 167.007 (Prostitution) Prostitution.
(II) 475.920 (Providing drug test falsification equipment) Providing drug test falsification equipment.
(JJ) 475.965 (Providing false information on precursor substances report or record) Providing false information on precursor substance report or record.
(KK) 163.465 (Public indecency) Public indecency.
(LL) 166.015 (Riot) Riot.
(MM) 475.973 (Rulemaking authority regarding products containing ephedrine, pseudoephedrine and phenylpropanolamine) Rulemaking authority regarding products containing ephedrine, pseudoephedrine and phenylpropanolamine; records.
(NN) 475.525 (Sale of drug paraphernalia prohibited) Sale of drug paraphernalia prohibited; definition of drug paraphernalia; exceptions.
(OO) 166.005 (Treason) Treason.
(PP) 475.870 (Unlawful delivery of 3,4-methylenedioxy- methamphetamine) Unlawful delivery of 3,4-methylenedioxymethamphetamine.
(QQ) 475.880 (Unlawful delivery of cocaine) Unlawful delivery of cocaine.
(RR) 475.850 (Unlawful delivery of heroin) Unlawful delivery of heroin.
(SS) 475.810 (Unlawful delivery of hydrocodone) Unlawful delivery of hydrocodone.
(TT) 475.912 (Unlawful delivery of imitation controlled substance) Unlawful delivery of imitation controlled substance.
(UU) 475B.346 (Unlawful delivery of marijuana item) Unlawful delivery of marijuana item.
(VV) 475.820 (Unlawful delivery of methadone) Unlawful delivery of methadone.
(WW) 475.890 (Unlawful delivery of methamphetamine) Unlawful delivery of methamphetamine.
(XX) 475.830 (Unlawful delivery of oxycodone) Unlawful delivery of oxycodone.
(YY) 475.866 (Unlawful manufacture of 3,4-methylene- dioxymethamphetamine) Unlawful manufacture of 3,4-methylenedioxymethamphetamine.
(ZZ) 475.876 (Unlawful manufacture of cocaine) Unlawful manufacture of cocaine.
(AAA) 475.846 (Unlawful manufacture of heroin) Unlawful manufacture of heroin.
(BBB) 475.806 (Unlawful manufacture of hydrocodone) Unlawful manufacture of hydrocodone.
(CCC) 475.856 Unlawful manufacture of marijuana.
(DDD) 475.816 (Unlawful manufacture of methadone) Unlawful manufacture of methadone.
(EEE) 475.886 (Unlawful manufacture of methamphetamine) Unlawful manufacture of methamphetamine.
(FFF) 475.826 (Unlawful manufacture of oxycodone) Unlawful manufacture of oxycodone.
(GGG) 475B.337 (Unlawful possession by person 21 years of age or older) Unlawful possession by person 21 years of age or older.
(HHH) 475B.341 (Unlawful possession by person under 21 years of age) Unlawful possession by person under 21 years of age.
(III) 475.814 (Unlawful possession of hydrocodone) Unlawful possession of hydrocodone.
(JJJ) 475.824 (Unlawful possession of methadone) Unlawful possession of methadone.
(KKK) 475.834 (Unlawful possession of oxycodone) Unlawful possession of oxycodone.
(LLL) 475.874 (Unlawful possession of 3,4-methylenedioxymethamphetamine) Unlawful possession of 3,4-methylenedioxymethamphetamine.
(MMM) 475.971 (Unlawful possession of anhydrous ammonia) Unlawful possession of anhydrous ammonia.
(NNN) 475.884 (Unlawful possession of cocaine) Unlawful possession of cocaine.
(OOO) 475.854 (Unlawful possession of heroin) Unlawful possession of heroin.
(PPP) 475.975 (Unlawful possession of iodine in its elemental form) Unlawful possession of iodine in its elemental form; recording transfers; unlawful distribution of iodine in its elemental form.
(QQQ) 475.976 (Unlawful possession of iodine matrix) Unlawful possession of iodine matrix; recording transfers; unlawful distribution of iodine matrix.
(RRR) 475.979 (Unlawful possession of lithium metal or sodium metal) Unlawful possession of lithium metal or sodium metal.
(SSS) 475.894 (Unlawful possession of methamphetamine) Unlawful possession of methamphetamine.
(TTT) 475.969 (Unlawful possession of phosphorus) Unlawful possession of phosphorus.
(e) OCC will consider conviction of the following crimes for 20 years or less prior to the date the subject individual signed the Application for Enrollment in OCC’s Central Background Registry. The 20 years will run from the date of arrest, citation, or conviction whichever is later.
(A) 475B.371 (Administration to another person under 18 years of age) Administration to another person under 18 years of age.
(B) 475.910 (Application of controlled substance to the body of another person) Application of controlled substance to the body of another person; prohibition.
(C) 475.906 (Penalties for unlawful delivery to minors) Penalties for unlawful delivery to minors.
(D) 475.744 (Providing hypodermic device to minor prohibited) Providing hypodermic device to minor prohibited; exception.
(E) 475.872 (Unlawful delivery of 3,4-methylenedioxy- methamphetamine within 1,000 feet of school) Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school.
(F) 475.882 (Unlawful delivery of cocaine within 1,000 feet of school) Unlawful delivery of cocaine within 1,000 feet of school.
(G) 475.852 (Unlawful delivery of heroin within 1,000 feet of school) Unlawful delivery of heroin within 1,000 feet of school.
(H) 475.812 (Unlawful delivery of hydrocodone within 1,000 feet of school) Unlawful delivery of hydrocodone within 1,000 feet of school.
(I) 475.822 (Unlawful delivery of methadone within 1,000 feet of school) Unlawful delivery of methadone within 1,000 feet of school.
(J) 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school) Unlawful delivery of methamphetamine within 1,000 feet of school.
(K) 475.832 (Unlawful delivery of oxycodone within 1,000 feet of school) Unlawful delivery of oxycodone within 1,000 feet of school.
(L) 475.868 (Unlawful manufacture of 3,4-methylene- dioxymethamphetamine within 1,000 feet of school) Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school.
(M) 475.878 (Unlawful manufacture of cocaine within 1,000 feet of school) Unlawful manufacture of cocaine within 1,000 feet of school.
(N) 475.848 (Unlawful manufacture of heroin within 1,000 feet of school) Unlawful manufacture of heroin within 1,000 feet of school.
(O) 475.808 (Unlawful manufacture of hydrocodone within 1,000 feet of school) Unlawful manufacture of hydrocodone within 1,000 feet of school.
(P) 475.818 (Unlawful manufacture of methadone within 1,000 feet of school) Unlawful manufacture of methadone within 1,000 feet of school.
(Q) 475.888 (Unlawful manufacture of methamphetamine within 1,000 feet of school) Unlawful manufacture of methamphetamine within 1,000 feet of school.
(R) 475.828 (Unlawful manufacture of oxycodone within 1,000 feet of school) Unlawful manufacture of oxycodone within 1,000 feet of school.
(S) 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school) Unlawful manufacture or delivery of controlled substance within 1,000 feet of school.
(3) These rules also apply to:
(a) A crime in another jurisdiction which is the substantial equivalent of a crime listed in Category I and II;
(b) An adjudication of guilt by reason of insanity, of an act that is the substantial equivalent of a crime listed in Category I and II;
(c) An adjudication by a juvenile court that a youth has committed an act that is the substantial equivalent of a crime listed in Category I and II;
(d) Any attempts, conspiracies or solicitations to commit any Felony or Misdemeanor crime listed in Category I and II;
(e) A new crime, adopted by the legislature following the most recent amendment of these rules, which is the substantial equivalent of any crimes listed in Category I and II;
(f) Any crime that is no longer codified in Oregon, but which is the substantial equivalent of any of the crimes listed in Category I and II;
(g) Any felony in Oregon Revised Statutes not listed in Category I and II that is serious and indicates behavior that poses a threat or jeopardizes the safety of vulnerable persons, as determined by OCC;
(h) Any misdemeanor in Oregon Revised Statutes not listed in Category I and II that is serious and indicates behavior that poses a threat or jeopardizes the safety of vulnerable persons, as determined by OCC; and
(i) Evaluations of crimes shall be based on Oregon laws in effect at the time of conviction, regardless of the jurisdiction in which the conviction occurred.
(4) OCC has determined that arrests for certain conduct may substantially jeopardize the safety of child care children and could be inconsistent with any position of unsupervised contact with children. If any subject individual has one or more arrests, on or after January 1, 2015, for any crime(s) listed in OAR 414-061-0045 (Disqualifying Conditions for Enrollment)(1)(d) or a crime in another jurisdiction which is the substantial equivalent of a crime listed in OAR 414-061-0045 (Disqualifying Conditions for Enrollment)(1)(d), OCC will seek to obtain and review information related to the conduct resulting in the arrest, including information from the subject individual, subject to section (10) of this rule. Based on this information, OCC will determine whether or not to enroll, suspend or remove the subject individual in or from the Central Background Registry.
(5) OCC has determined that child abuse and neglect history may substantially jeopardize the safety of children and is inconsistent with any position of unsupervised contact with children or otherwise vulnerable persons. If any subject individual has a child abuse and neglect history, OCC will seek to obtain and review information related to the history, including information from the subject individual, subject to section (9) of this rule. Based on this information, OCC will make a decision whether or not to enroll, suspend or remove the subject individual in or from the Central Background Registry.
(6) OCC has determined that a substantiated finding of adult abuse may substantially jeopardize the safety of child care children and could be inconsistent with any position of unsupervised contact with children. If a subject individual discloses adult protective services history, OCC will seek to obtain and review information related to the history, including information from the subject individual, subject to section (9) of this rule. Based on this information, OCC will make a decision whether or not to enroll, suspend or remove the subject individual in or from the Central Background Registry.
(7) OCC has determined that foster care certification history may, depending on the history, substantially jeopardize the safety of child care children and could be inconsistent with any position of unsupervised contact with children. If a subject individual discloses foster care certification history, OCC will seek to obtain and review information related to the history, including information from the subject individual, subject to section (9) of this rule. Based on this information, OCC will make a decision whether or not to enroll, suspend or remove the subject individual in or from the Central Background Registry.
(8) OCC has determined a subject individual in a diversion program or similar agreement for any Category I or Category II crime, depending on the history, may substantially jeopardize the safety of child care children and could be inconsistent with any position of unsupervised contact with children. If a subject individual discloses a diversion program or similar agreement for any Category I or Category II crime, OCC will seek to obtain and review information related to the history, including information from the subject individual, subject to section (9) of this rule. Based on this information, OCC will make a decision whether or not to enroll, suspend or remove the subject individual in or from the Central Background Registry.
(9) If OCC determines that additional information is needed to assess a person’s suitability to be enrolled or remain enrolled in the Central Background Registry, the subject individual shall provide the requested information within the required timeframes. The additional information may include, but is not limited to, an evaluation or assessment by a physician, counselor or other qualified person, documents to determine positive identification of the subject individual, and court documents.
(10) Factors to be considered in determining suitability, based on information available to OCC and information provided by the subject individual, include:
(a) The nature of the child abuse and neglect, foster care, adult protective services, or criminal history;
(b) The facts that support the child abuse and neglect, foster care, adult protective services, or criminal history or that indicate the making of a false statement;
(c) The relevancy of the child abuse and neglect, foster care, adult protective services, criminal history, or false statement to the individual’s enrollment in the Central Background Registry; and
(d) Intervening circumstances relevant to the individual’s enrollment in the Central Background Registry, including but not limited to:
(A) The passage of time since the child abuse and neglect, foster care, adult protective services, or criminal history;
(B) The age of the individual at the time of the child abuse and neglect, foster care, adult protective services, or criminal history;
(C) The likelihood of repetition of the incident or the commission of another crime;
(D) The existence of subsequent child abuse and neglect, foster care, adult protective services, or criminal history;
(E) The recommendation of an employer, if provided;
(F) For criminal history, whether the conviction was set aside or overturned and the legal effect of that setting aside or overturning; and
(G) For child abuse and neglect, foster care, or adult protective services, whether the subject individual has had an opportunity to contest the abuse finding through the agency or entity that made the finding and, if so, the status of any such challenge.
(11) OCC will not bar from enrollment in the Central Background Registry any subject individual because of the existence or contents of a juvenile record that has been expunged by the court.
Source:
Rule 414-061-0050 — History to Be Considered, https://secure.sos.state.or.us/oard/view.action?ruleNumber=414-061-0050.