Oregon Administrative Code

407-001-0005 Notice of Proposed Rulemaking and Adoption of Temporary Rules (1) Except as provided in ORS 183.335(7) or (12) or 183.341, before permanently adopting, amending, or repealing an administrative rule, the Department shall give notice of the intended action: (a) To legi…

407-001-0010 Delegation of Rulemaking Authority Any officer or employee of the Department of Human Services who is identified on a completed Delegation of Authority form signed by the Director or Deputy Director of the Department and filed with the Secretary of State, Administrat…

407-003-0000 Definitions The following definitions apply to Oregon Administrative Rule 407-003-0010 unless otherwise indicated: (1) “Department” refers to the Oregon Department of Human Services. (2) “Designee” refers to any officer or employee of the Department, appointed by the…

407-003-0010 Fees for Inspection or Copies of Public Records and Department of Human Services Publications; Other Services (1) The Department may charge a fee reasonably calculated to reimburse the Department for the cost of making public records available: (a) Costs include but …

407-005-0000 Purpose These rules (407-005-0000 through 407-005-0030) establish a Department policy of non-discrimination on the basis of disability in accordance with the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973. Statutory/Ot…

407-005-0005 Definitions The following definitions apply to rules 407-005-0000 through 407-005-0030: (1) "Alternate Format Communication" means printed material converted to a communication style that meets the accessibility needs of individuals with disabilities to achieve "effe…

407-005-0010 Prohibitions Against Discrimination In accordance with Title 28, CFR 35.130 and Title 45 CFR 84.68: (1) No individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activi…

407-005-0015 Illegal Drug Use (1) The ADA and section 504 protects qualified individuals with a disability, including certain individuals with substance use disorder, but does not provide protections against discrimination for individuals currently engaged in the illegal use of d…

407-005-0017 Service Animals in Oregon Department of Human Services Buildings (1) The Oregon Department of Human Services (ODHS) shall make reasonable modifications to its policies, practices, and procedures to permit the use of service animals by individuals with a disability. (…

407-005-0020 Reasonable Modifications (1) The Department will make Reasonable Modifications to policies, practices or procedures of a program, services or activity when the modifications are necessary to avoid discrimination based on disability unless the modification would funda…

407-005-0025 Requesting a Reasonable Modification (1) To request a reasonable modification to a Department program, service or activity a client applicant, client or public member must submit to program staff a request for a reasonable modification to the applicable program. Requ…

407-005-0030 Report of Discrimination and Other Remedies Available for Alleged Discrimination (1) A client or client applicant or specific class of individuals or their representative(s) may file with the Department a Report of Discrimination based on disability in the following …

407-005-0100 Purpose and Scope (1) These rules (OAR 407-005-0100 through 407-005-0120) describe the process for reporting, investigating, and resolving Department of Human Services' customer or client complaints about staff conduct, or customer service or lack of customer service…

407-005-0105 Definitions The following definitions apply to OAR 407-005-0100 through 407-005-0120: (1) “Customers or Clients” means any individual or entity having contact with the Department seeking information, services, or reimbursement. This includes, but is not limited to: c…

407-005-0110 Customer Service Complaint Procedure (1) Customers or clients who are dissatisfied with staff conduct or some aspect of customer services received from Department personnel or Department contractors may file a customer service complaint with the Department. Customers…

407-005-0115 Resolution of Customer Service Complaints (1) Customers, clients, or their representatives may resolve customer service complaints verbally, by contacting the involved individual or a manager, or by filing a written customer service complaint. (2) Within two business…

407-005-0120 Client Complaints - Retaliation Prohibited (1) ODHS may not discriminate against any individual because the individual has opposed any act or practice made unlawful by these rules, or because the individual made a charge, testified, assisted, or participated in any m…

407-007-0000 Purpose and Scope (1) The purpose of these rules, OAR 407-007-0000 to 407-007-0100 is to supplement OAR 125-007-0200 to 125-007-0330 with guidelines and requirements specific to background checks for Oregon Department of Human Services (Department or ODHS) and Oregon…

407-007-0010 Definitions In addition to the definitions in OAR 125-007-0210, the following definitions apply to OAR 407-007-0000 to 407-007-0640 unless otherwise noted: (1) “Abuse” has the meaning defined in the statutes ORS 124.005(1), 418.257(1), 419B.005(1), and 430.735(1), an…

407-007-0020 Criminal History Check Required (1) SIs must have a criminal records check in the following circumstances: (a) If an individual becomes an SI on or after the effective date of these rules. (b) Except as provided in section (2) of this rule, if the individual, whether…

407-007-0030 Criminal Records Check Process (1) In order to conduct a background check on an SI, BCU must receive authorization from the SI allowing the criminal records check and abuse check to proceed. If the SI refuses to provide authorization for the background check, BCU ter…

407-007-0041 Potentially Disqualifying Convictions (1) A conviction of any of the crimes listed in these rules is potentially disqualifying. Offenses or convictions that are classified as less than a misdemeanor, such as violations or infractions, are not potentially disqualifyin…

407-007-0050 Potentially Disqualifying Conditions Pursuant to OAR 125-007-0270(5), the following are potentially disqualifying conditions, if they exist on the date of the final fitness determination unless otherwise noted: (1) False statement is potentially disqualifying when al…

407-007-0060 Weighing Test If the SI has potentially disqualifying convictions under OAR 407-007-0041, or potentially disqualifying conditions under OAR 407-007-0050, the Department conducts a weighing test. If the SI is subject to an abuse check in accordance with OAR 407-007-04…

407-007-0065 Hired on a Preliminary Basis (1) BCU may complete a preliminary fitness determination if it receives a request from Human Resources or the hiring manager for an SI to work, volunteer, be employed, or otherwise perform in the position listed in the criminal records ch…

407-007-0070 Final Fitness Determinations The Department shall make a final fitness determination in accordance with OAR 125-007-0260 and this rules after all necessary criminal records checks and a weighing test, if necessary, have been completed. (1) The Department may obtain a…

407-007-0080 Contesting a Final Fitness Determination (1) An SI may contest a final fitness determination of denied or approved with restrictions pursuant to OAR 407-007-0070. (2) An SI who is already employed by the Department at the time of the final fitness determination may a…

407-007-0090 Record Keeping, Confidentiality (1) All LEDS reports are confidential and the Department shall maintain the reports in accordance with applicable OSP requirements in ORS chapter 181 and OAR chapter 257, division 15. (a) LEDS reports may only be shared with approved D…

407-007-0100 Variances (1) The outcome of a fitness determination made pursuant to these rules is not subject to variance. Challenges to fitness determinations may only be made through contested case hearing rights set forth in these rules or alternative options available to Depa…

407-007-0200 Purpose and Scope (1) The purpose of these rules, OAR 407-007-0200 to 407-007-0370, is to supplement OAR 125-007-0200 to 125-007-0330 with guidelines and requirements specific to background checks for Oregon Department of Human Services (Department or ODHS) and Orego…

407-007-0210 Definitions OAR 125-007-0210 and 407-007-0010 include definitions for words and terms used in OAR chapter 407, division 007. The following definitions apply specifically to OAR 407-007-0200 to 407-007-0370: (1) “Appointing authority” means an individual designated by…

407-007-0220 Background Check Required (1) An SI must have a background check in the following circumstances: (a) An individual who becomes an SI on or after the effective date of these rules. (b) The SI changes employers to a different QE. (c) The individual, whether previously …

407-007-0230 Qualified Entity (1) A QE and its appointing authority must be approved in writing by the Department or Authority pursuant to these rules in order to appoint a QED. Documentation of a current and valid license, certification, contract, or letter of approval from the …

407-007-0240 QE Designees and QE Initiators (1) All requirements in this section must be completed within 90 calendar days. To receive BCU approval, a QED must meet the following requirements: (a) A QED must be one of the following: (A) Employed by the agency for which the QED wi…

407-007-0250 Background Check Process (1) In order to conduct a background check on an SI, BCU must receive authorization from the SI allowing the criminal records check and abuse check to proceed. If the SI refuses to provide authorization for the background check, BCU terminate…

407-007-0275 Convictions Under ORS 443.004 Resulting in Ineligibility for Aging and People with Disabilities Program and Developmental Disabilities Program SIs (1) This rule applies to an SI who: (a) Works with clients receiving services through programs and agencies certified, l…

407-007-0277 Convictions Under ORS 443.004 Resulting in Ineligibility for Mental Health or Alcohol and Drug Program SIs (1) This rule applies to subject individuals who are mental health or substance abuse treatment providers defined under ORS 443.004(8). (2) If BCU determines th…

407-007-0279 Federal Mandatory Exclusions (1) Mandatory exclusions under 42 USC 1320a-7(a) (Exclusion of certain individuals and entities from participation in Medicare and State health programs) may result in ineligibility for an SI if the convictions or conditions meet certain …

407-007-0281 Potentially Disqualifying Convictions A conviction of any of the following crimes is potentially disqualifying. However, offenses or convictions that are classified as less than a misdemeanor, such as violations or infractions, are not potentially disqualifying (see …

407-007-0290 Potentially Disqualifying Conditions Pursuant to OAR 125-007-0270, the following are potentially disqualifying conditions, if they exist on the date of the final fitness determination unless otherwise noted. This rule does not apply to SIs subject to ORS 475A and OAR…

407-007-0300 Weighing Test If an SI has potentially disqualifying convictions under OAR 407-007-0281, or potentially disqualifying conditions under OAR 407-007-0290, BCU conducts a weighing test. The weighing test includes consideration of factors pursuant to ORS 181A.195 and the…

407-007-0315 Hired on a Preliminary Basis (1) A preliminary fitness determination is required to determine if an SI may participate in training or orientation, work, volunteer, or otherwise perform in the position listed on the background check request prior to a final fitness de…

407-007-0318 Approval for “Family First” Subject Individuals (1) Approval in this rule applies to the background check process for certain employees of a child caring agency which is subject to the federal 2018 Family First Prevention Services Act and receives title IV-E funds. S…

407-007-0320 Final Fitness Determinations (1) A final fitness determination pursuant to OAR 125-007-0260 and these rules will be made after all necessary background checks have been received and a weighing test, if necessary, has been completed. For the purpose of a final fitness…

407-007-0330 Contesting a Fitness Determination (1) An SI may contest an adverse fitness determination pursuant to OAR 407-007-0320. In this rule, an adverse fitness determination includes: (a) A final fitness determination of denied or approved with restrictions pursuant to OAR …

407-007-0340 Record Keeping, Confidentiality (1) All LEDS reports are confidential and the Department and Authority shall maintain the reports in accordance with applicable OSP requirements in ORS chapter 181 and the rules adopted pursuant thereto (see OAR chapter 257, division 1…

407-007-0350 Immunity from Liability (1) The Department, the Authority, and the QE, acting within the course and scope of employment, have immunity from any civil liability that might otherwise be incurred or imposed for determining, in accordance with ORS 181A.200, that an SI is…

407-007-0370 Variances (1) The Department and Authority may consider variance requests regarding these rules. (a) The outcomes of a fitness determination made pursuant to these rules is not subject to variance. Challenges to fitness determinations may only be made by SIs through …

407-007-0400 Purpose (1) The purpose of these rules, OAR 407-007-0400 to 407-007-0460, is to provide for the abuse check of Department of Human Services (Department) employees, volunteers, certain contractors, or individuals offered employment or placement by the Department to de…

407-007-0410 Definitions In addition to the definitions in OAR 125-007-0210 and 407-007-0010, the following definitions apply to OAR 407-007-400 to 407-007-0460: (1) “Closed case” means an abuse check that has been closed without a fitness determination. (2) “Director” means the …