- (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 407-007-0200 through 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 Department.
- (7) The Agency with Choice must notify the BCU, and the Department 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 409.027.
Statutory/Other Authority
Or Laws 2024, ch. 37 & Or Laws 2026, ch. 59
Statutes/Other Implemented
ORS 124.050, 443.004, Or Laws 2024, ch. 37 & Or Laws 2026, ch. 59
History
APD 8-2026, temporary amend filed 05/26/2026, effective 06/05/2026 through 12/01/2026
APD 17-2025, adopt filed 12/10/2025, effective 12/15/2025