- (1) An Agency with Choice must submit a background check request for each subject individual to the Background Check Unit (BCU), prior to allowing the subject individual to work. A subject individual must not begin work on a preliminary basis. Preliminary approval is not permitted under these rules.
- (2) The Agency with Choice must comply with OAR Chapter 943, Division 007 and OAR 407-007-0200 to 407-007-0370 for all subject individuals, as applicable.
- (3) The Agency with Choice must maintain documentation of the BCU background check approval in the subject individual's personnel record.
- (4) An Agency with Choice must perform and document a query of the List of Excluded Individuals and Entities (LEIE).
- (5) An Agency with Choice must ensure that a background check is performed on a subject individual every three years from the date of the subject individual‘s last background check in accordance with OAR 407-007-0200 to 407-007-0370.
- (6) Any cost for a background check shall be the responsibility of the Agency with Choice and must not exceed the cost charged to the Authority.
- (7) The Agency with Choice must notify the BCU, and the Authority within 24 hours if any subject individual is involved in a potentially disqualifying crime under OAR 407-007-0281 or potentially disqualifying condition under OAR 407-007-0290, ORS 409.025, and ORS 409.027.
Statutory/Other Authority
ORS 413.042 & Oregon Law 2024, Chapter 37
Statutes/Other Implemented
ORS 430.731 & Oregon Law 2024, Chapter 37
History
BHS 12-2026, temporary amend filed 05/29/2026, effective 06/05/2026 through 11/11/2026
BHS 4-2026, adopt filed 04/30/2026, effective 04/30/2026