(a) "Authorized agency" means an authorized agency as defined in ORS 181A.190 or 181A.195.
(b) "Direct access" means access to an individual or the personal information of an individual.
(c) "District" has the meaning given that term in ORS 267.237.
(d) "Qualified entity" has the meaning given that term in ORS 181A.200.
(2) Subject to ORS 8.100, the Oregon Department of Administrative Services, in consultation with the Department of State Police, shall adopt rules:
(a) Specifying categories of individuals who are subject to criminal records checks that:
(A) An authorized agency may use to make fitness determinations under ORS 181A.190 and 181A.195;
(B) A qualified entity may use to make fitness determinations under ORS 181A.200; or
(C) A district may use to make fitness determinations under ORS 267.237.
(b) Specifying the information, for each category, that may be required from a subject individual to permit a criminal records check.
(c) Specifying the types of crimes that may be considered in reviewing criminal offender information of a subject individual for each category.
(d) Specifying when a nationwide fingerprint-based criminal records check must be conducted.
(e) Establishing the process for appealing a fitness determination, except as otherwise provided by law.
(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.
(5) An authorized agency, qualified entity or district, or an employee of an authorized agency, qualified entity or district who is acting within the course and scope of the employee’s employment, is immune from any civil liability that might otherwise be incurred or imposed for making a fitness determination in accordance with this section and ORS 181A.190, 181A.195, 181A.200 and 267.237. [Formerly 181.547]
Note: 181A.215 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Section 181A.010 - Definitions for ORS 181A.010 to 181A.350.
Section 181A.015 - Department of State Police established.
Section 181A.020 - State Police Account; subaccount; uses; authority to accept property.
Section 181A.035 - Appointment of Deputy Superintendent of State Police.
Section 181A.040 - Powers and duties of deputy superintendent.
Section 181A.050 - Oregon State Police.
Section 181A.060 - Appointment of employees of department as special state police officers.
Section 181A.075 - Instruction; rules and regulations for discipline and control.
Section 181A.080 - Powers and duties of department and its members.
Section 181A.085 - Targeted enforcement program; rules.
Section 181A.095 - Headquarters and patrol stations; real property agreements.
Section 181A.100 - Organization of work of department.
Section 181A.115 - Supplies and equipment of state police.
Section 181A.130 - Records and reports of activities and time spent in performance of duties.
Section 181A.135 - National Crime Prevention and Privacy Compact; rules.
Section 181A.140 - Department responsible for criminal identification information.
Section 181A.145 - Criminal investigations division.
Section 181A.150 - Forensic laboratories.
Section 181A.160 - Fingerprints, identifying data, disposition report required upon arrest.
Section 181A.165 - Crimes for which criminal offender information is required.
Section 181A.185 - Report of release or escape from state institution of certain inmates.
Section 181A.202 - Authority of municipal tax collection agency to require fingerprints.
Section 181A.210 - Criminal identification information to be furnished to Native American tribe.
Section 181A.220 - Confidentiality of some records.
Section 181A.225 - Reporting of crime statistics.
Section 181A.230 - Establishment of procedures for access to criminal record information; rules.
Section 181A.235 - Fee waiver.
Section 181A.245 - Procedure when information requested by other than criminal justice agency.
Section 181A.250 - Specific information not to be collected or maintained.
Section 181A.265 - Criminal Justice Information Standards program; duties.
Section 181A.270 - Duties of state criminal justice agencies.
Section 181A.275 - Criminal Justice Information Standards Advisory Board; members; expenses.
Section 181A.280 - Law Enforcement Data System established; duties; rules.
Section 181A.285 - Medical health database.
Section 181A.290 - Certain information required from agencies; rules.
Section 181A.300 - Establishment and maintenance of missing persons clearinghouse.
Section 181A.305 - Duties of administrator of clearinghouse.
Section 181A.315 - Amber Plan; rules.
Section 181A.320 - Written policies relating to missing vulnerable adults required.
Section 181A.322 - Short title.
Section 181A.323 - Definitions for ORS 181A.323 to 181A.328.
Section 181A.324 - Sexual assault forensic evidence kit testing; reports; rules.
Section 181A.326 - Notification to law enforcement agency when kit collected.
Section 181A.338 - Purchase and receipt of property from military equipment surplus program.
Section 181A.340 - Commissioning of humane special agents; rules.
Section 181A.348 - Telecommunicators as first responders.
Section 181A.355 - Definitions for ORS 181A.355 to 181A.689.
Section 181A.360 - Board on Public Safety Standards and Training; term limit; confirmation.
Section 181A.365 - Organization of board; meetings; policy of state.
Section 181A.370 - Executive committee.
Section 181A.375 - Policy committees; rules.
Section 181A.385 - Appointment of director of department.
Section 181A.405 - Legislative intent and findings.
Section 181A.442 - Equity training for police officers; rules.
Section 181A.444 - Training on interacting with persons who have experienced trauma.
Section 181A.445 - Best practices for interacting with persons who have experienced trauma; rules.
Section 181A.485 - Psychological screening of law enforcement officers; rules.
Section 181A.487 - Mental health wellness policies for law enforcement agencies.
Section 181A.490 - Certification of police officers and certified reserve officers.
Section 181A.500 - Lapse of certification; reapplication for certification; rules; fees.
Section 181A.520 - Certification of corrections officers.
Section 181A.530 - Certification of parole and probation officers.
Section 181A.540 - Certification of judicial marshals.
Section 181A.550 - Certification of regulatory specialists.
Section 181A.560 - Certification of telecommunicators and emergency medical dispatchers.
Section 181A.570 - Certification of full-time department employees.
Section 181A.580 - Certification of certain Law Enforcement Data System employees.
Section 181A.590 - Certification of instructors; accreditation of training programs.
Section 181A.600 - Limitation on accreditation of training programs.
Section 181A.610 - Reimbursement for training to local law enforcement units; rules.
Section 181A.620 - Reimbursement of qualifying expenses.
Section 181A.630 - Procedure for denial, suspension or revocation of application or certification.
Section 181A.655 - Civil penalties relating to certification; rules; immunity from civil liability.
Section 181A.657 - Accreditation of law enforcement agencies; rules.
Section 181A.660 - Oregon Center for Policing Excellence; purpose; rules.
Section 181A.661 - Police Memorial Trust Fund; rules.
Section 181A.663 - National Use-of-Force Data Collection.
Section 181A.665 - Police Standards and Training Account.
Section 181A.667 - Review, provision and retention of personnel records; immunity from liability.
Section 181A.672 - Disclosure of information about certain employees of law enforcement agencies.
Section 181A.674 - Disclosure of information about certain public safety employees.
Section 181A.676 - Uniform background checklist; standardized personal history questionnaire.
Section 181A.683 - Form for reports; forwarding of reports to law enforcement unit.
Section 181A.686 - Report on discipline to Department of Public Safety Standards and Training.
Section 181A.688 - Findings regarding racism.
Section 181A.700 - Definitions for ORS 181A.702 and 181A.704.
Section 181A.702 - Identifying information on uniform.
Section 181A.704 - Provision of officer identity to member of public.
Section 181A.708 - Use of chemical incapacitants, kinetic impact projectiles and sound devices.
Section 181A.710 - Use of other law enforcement agencies to engage in barred conduct.
Section 181A.720 - Definitions for ORS 181A.725 to 181A.735.
Section 181A.725 - Oregon Community Crime Prevention Information Center; duties.
Section 181A.730 - Coordinator; appointment; duties.
Section 181A.735 - Advisory committee; meetings; expenses.
Section 181A.775 - Definitions for ORS 181A.775 to 181A.805.
Section 181A.785 - Components of plan.
Section 181A.805 - Grants; rules.
Section 181A.815 - Expenses; rules.
Section 181A.820 - Enforcement of federal immigration laws; civil action for violation.
Section 181A.822 - Definitions for ORS 181A.822 to 181A.829.
Section 181A.827 - Sanctuary violation reporting mechanism; website.
Section 181A.835 - Peer support counseling sessions; confidentiality; admissibility as evidence.
Section 181A.840 - Definitions for ORS 181A.360, 181A.840 to 181A.893, 181A.895 and 181A.995.
Section 181A.845 - Applicability of ORS 181A.840 to 181A.893.
Section 181A.850 - Prohibited acts; temporary assignment of person not certified allowed.
Section 181A.855 - Qualifications for private security professional; rules.
Section 181A.875 - Licenses and certificates; issuance; duration; denial or revocation.
Section 181A.880 - Hearing if license or certificate denied, suspended or revoked.
Section 181A.885 - Effect of being charged with crime.
Section 181A.893 - Restrictions on entities employing private security providers; rules.
Section 181A.900 - Procedures for licensing of private security entities; rules; fees.
Section 181A.902 - Investigation of applicant’s character, competence and reliability.
Section 181A.904 - License examination; rules.
Section 181A.906 - Firearm training.
Section 181A.908 - Training through Bureau of Labor and Industries.
Section 181A.911 - Interagency agreement.
Section 181A.913 - Required statements to private security professionals.
Section 181A.916 - Hiring unlicensed private security entity; liability for unpaid wages.
Section 181A.940 - Definitions for ORS 181A.940 to 181A.946.
Section 181A.942 - Eligibility to act as authorized tribal police officer.
Section 181A.995 - Penalties relating to regulation of private security; criminal and civil.