ORS 181.547¹
Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks

(1) As used in this section, direct access means access to an individual or the personal information of an individual.

(2) The Oregon Department of Administrative Services, in consultation with the Department of State Police, shall adopt rules specifying:

(a) Categories of individuals who are subject to criminal records checks that:

(A) An authorized agency, as defined in ORS 181.533 (Criminal records check) or 181.534 (Criminal records check), may use to make fitness determinations under ORS 181.533 (Criminal records check) (4)(a) and 181.534 (Criminal records check) (11); or

(B) Qualified entities may use to make fitness determinations under ORS 181.537 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints) (10)(c).

(b) The information, for each category, that may be required from a subject individual to permit a criminal records check.

(c) The types of crimes that may be considered in reviewing criminal offender information of a subject individual for each category.

(d) When a nationwide fingerprint-based criminal records check must be conducted.

(3) The Oregon Department of Administrative Services shall consider the additional cost of obtaining a nationwide fingerprint-based criminal records check when adopting rules under subsection (2)(d) of this section.

(4) Categories adopted under subsection (2)(a) of this section shall separate individuals into categories comprising:

(a) Individuals who have direct access to or who provide services for children;

(b) Individuals who have direct access to or who provide services for the elderly;

(c) Individuals who have direct access to or who provide services for persons with disabilities;

(d) Individuals who have direct access to or who provide services for persons with a mental illness;

(e) Individuals who have direct access to or who provide services for the general public;

(f) Individuals licensed, registered, certified or otherwise authorized to practice a profession or trade in this state and individuals applying for licensure, registration, certification or authorization to practice a profession or trade in this state; and

(g) Any other population of individuals specified by the Oregon Department of Administrative Services by rule. [2013 c.285 §1]

Note: 181.547 (Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

See also annota­tions under ORS 181.510 to 181.540 in permanent edi­tion.

Atty. Gen. Opinions

Access to confidential crime records and reports by Oregon Law Enforce­ment Council, (1974) Vol 36, p 782

1 Legislative Counsel Committee, CHAPTER 181—State Police; Crime Reporting and Records; Public Safety Standards and Training; Sex Offender Reporting; Private Security Services, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2013ors181.­pdf (2013) (last ac­cessed Apr. 27, 2014).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2013, Chapter 181, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­2013ano181.­html (2013) (last ac­cessed Apr. 27, 2014).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information