2011 ORS § 181.557¹
Procedure when information requested by designated agency

(1) When a designated agency requests criminal offender information about an individual from the Department of State Police under ORS 181.555 (Establishment of procedures for access to criminal record information) (1) for agency employment, licensing or other permissible purposes, the agency shall provide documentation that the individual:

(a) Gave prior written consent for the agency to make a criminal offender record check through the department; or

(b) Has received written notice from the agency that a criminal offender record check may be made through the department. Notice shall be provided prior to the time the request is made and shall include:

(A) A statement that the individual may challenge the accuracy of criminal offender information and notice of the manner in which the individual may be informed of the procedures adopted under ORS 181.555 (Establishment of procedures for access to criminal record information) (3) for challenging inaccurate criminal offender information; and

(B) A statement that Title VII of the Civil Rights Act of 1964 may apply to some individuals affected by this subsection, notice of the manner in which the individual may become informed of rights, if any, under Title VII of the Civil Rights Act of 1964, and notice that discrimination by an employer on the basis of arrest records alone may violate federal civil rights law and that the individual may obtain further information by contacting the Bureau of Labor and Industries.

(2) Notwithstanding subsection (1) of this section, the Department of Human Services may obtain criminal offender information from the Department of State Police about an individual without first obtaining the individuals written consent or giving written notice to the individual when:

(a) The criminal offender record check is requested for the purpose of investigating a report of child abuse or neglect; and

(b) The individual is either an alleged perpetrator of the reported child abuse or neglect or is an individual who resides in or frequents the alleged victims residence.

(3)(a) The Department of Human Services shall provide written notice to the individual of the criminal offender record check after the department obtains criminal offender information under subsection (2) of this section.

(b) Notice provided under this subsection shall include:

(A) A statement that the individual may challenge the accuracy of criminal offender information and notice of the manner in which the individual may be informed of the procedures adopted under ORS 181.555 (Establishment of procedures for access to criminal record information) (3) for challenging inaccurate criminal offender information; and

(B) A statement that Title VII of the Civil Rights Act of 1964 may apply to some individuals affected by this subsection and notice of the manner in which the individual may become informed of rights, if any, under Title VII of the Civil Rights Act of 1964. [1989 c.364 §2; 2007 c.543 §1]