1. (1) When ODE initiates an investigation based on a report of suspected sexual conduct, ODE shall enter the respondent’s name into a verification system to indicate that the person has an open investigation of suspected sexual conduct.

2. (2) A respondent’s name shall remain in ODE’s verification system until:

   1. (a) An exception applies to completing the investigation under subsection (a) or subsection (b) of OAR 581-055-0006 and the report is closed without a final determination, in which case the respondent’s record must be removed from the verification system;
   2. (b) An unsubstantiated final determination is issued, in which case the respondent’s record must be removed from the verification system;
   3. (c) A substantiated final determination is issued and the respondent does not request a contested case hearing within twenty-one days of the date of issuance, in which case the respondent’s record in the verification system must be changed from “open investigation” to “substantiated report”; or

   4. (d) The respondent requests a contested case hearing, a contested case hearing is held, and:

      1. (A) ODE’s final determination is ultimately affirmed through the appeal process, in which case the respondent’s record in the verification system must be changed from “open investigation” to “substantiated report”; or
      2. (B) ODE’s final determination is ultimately not affirmed through the appeal process, in which case the respondent’s record must be removed from the verification system.

Statutory/Other Authority

ORS 326.051 & ORS 339.391

Statutes/Other Implemented

ORS 339.391

History

ODE 16-2026, adopt filed 04/17/2026, effective 04/17/2026