Oregon Administrative Rules|Section 259-008-0015 - Background Investigation

                                                

Current through Register Vol. 60, No. 12, December 1, 2021

(1) A background investigation must be conducted by a public or private safety agency on each individual being considered for employment or utilization as a public safety professional or instructor, as defined in OAR 259-008-0080, to determine if the applicant is of good character.

(2) The background investigation must include, but is not limited to, investigation into the following:

(a) Criminal history and arrests;
(b) Department of Motor Vehicles (DMV) records;
(c) Drug and alcohol use;
(d) Education verification;
(e) Employment history;
(f) Military history verification;
(g) Personal and professional references. Personal and professional references may include, but are not limited to, friends, associates, family members, and neighbors;
(h) Personal Interview. The personal interview may occur before or after the investigation and may be used to clarify discrepancies in the investigation;
(i) Records checks, which may include, but are not limited to:
(A) Police records, district attorney, court and Oregon Judicial Information Network (OJIN) records;
(B) Open sources or social media, as permitted by law;
(C) Financial information, as permitted by law; and
(D) Department of Public Safety Standards and Training Professional Standards records.
(j) Residential history; and
(k) Work eligibility.

(3) Each individual being considered for employment or utilization as a public safety professional or instructor must provide a notarized personal history statement. The statement must include, but is not limited to:

(a) Verification of the background information referred to in section (2);
(b) A complete list of all public or private safety agencies an individual has applied with; and
(c) A signed release allowing background investigation information to be shared with other public or private safety agencies in which the applicant may become affiliated with.

(4) Results of the background investigation on all public safety professionals and instructors must be retained by the public or private safety agency in accordance with the Secretary of State's Record Retention Schedule and must be available for review at any reasonable time by the Department.

Or. Admin. R. 259-008-0015

PS 1-1983, f. & ef. 12-15-83; Renumbered from 259-010-0021, PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; DPSST 1-2010, f. & cert. ef. 1-11-10; DPSST 2-2010, f. & cert. ef. 3-15-10; DPSST 31-2014, f. & cert. ef. 12-29-14; DPSST 4-2016, f. 3-22-16, cert. ef. 4-1-16; DPSST 7-2019, amend filed 07/26/2019, effective8/1/2019; DPSST 3-2020, amend filed 01/30/2020, effective 2/15/2020

Statutory/Other Authority: ORS 181A.410

Statutes/Other Implemented: ORS 181A.410

This section was updated on 3/6/2020 by an editor because it was made effective.

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