Oregon Administrative Code

414-002-0015 Mediation Confidentiality Model Rule Pursuant to ORS 36.224 and OAR 137-005-0050, the Department adopts by reference OAR 137-005-0052 Mediation Confidentiality as promulgated by the Attorney General effective as of November 13, 2018. Statutory/Other Authority: ORS 36…

414-050-0000 Hearings and Rulemaking Procedures The Attorney General's Model Rules of Procedure effective December 9, 2003 shall be applicable to rulemaking functions and to all contested case hearings of the Child Care Licensing Division of the Department of Early Learning and C…

414-050-0005 Rules Procedure Prior to the adoption, amendment, or repeal of any permanent rule, the Department shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior…

414-050-0010 Social Security Numbers (1) The Department will not issue or renew a registration, certification or enrollment unless an applicant provides their social security number on the application or renewal form. The applicant need not provide the social security number on t…

414-055-0000 Definitions (1) “Commission or Council” means those official bodies identified in ORS 326.425. (2) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year: (a) Of less than $50,000, as rep…

414-055-0005 Per Diem Compensation (1) Subject to the availability of funds in the budget of the Commission or Council, and except as otherwise provided by law, the Department shall pay any member of a Commission or Council, other than a member who is employed in full-time public…

414-055-0010 Reimbursement of Travel and Other Expenses (1) Except as otherwise provided by law, the Department may reimburse all members of Commissions and Councils, including those employed in full-time public service, for actual and necessary travel or other expenses actually …

414-055-0015 Reimbursement for Hiring a Substitute (1) As used in OAR 414-055-0010(4), “other expenses” includes expenses incurred by a member of the Commission or Council in employing a substitute to carry out duties, including personal duties, normally performed by the member, …

414-061-0000 Purpose (1) The Department will conduct criminal records checks, child abuse and neglect records checks, and checks of foster care certification and adult protective services on subject individuals, as defined in OAR 414-061-0030, for enrollment of subject individual…

414-061-0010 Scope of Rules (1) Consistent with the purposes of these rules, the Department will issue decisions about persons defined as subject individuals as to their suitability to be enrolled in the Central Background Registry and employed in programs defined as "Requesting …

414-061-0020 Definitions (1) "Adult protective services history” means information about whether the subject individual has a substantiated finding of abuse or neglect in an adult abuse investigation conducted by the Oregon Department of Human Services or its contractor or design…

414-061-0030 Subject Individuals (1) For purposes of criminal records checks, including fingerprint-based criminal records checks, and child abuse and neglect records checks, foster care or adult protective services checks, "Subject Individual" means a person who is or applies to…

414-061-0035 Applications (1) As part of an initial or renewal application, a subject individual must submit requested fee and provide all information required for a criminal records check, a child abuse and neglect records check, a foster care certification check, and an adult p…

414-061-0040 Limitations of Criminal and Judicial Inquiries (1) Only Department employees or contractors who have been fingerprinted and cleared by the Oregon State Police shall access or have access to criminal records information pursuant to a valid agency agreement, as defined…

414-061-0045 Disqualifying Conditions for Enrollment (1) A subject individual has a disqualifying condition and is ineligible for enrollment in the Central Background Registry if such individual: (a) Refuses to consent to the Department’s criminal background check or required fin…

414-061-0050 History to Be Considered (1) The Department has determined that serious felonies and misdemeanors involving violence or unauthorized sexual conduct, especially with children or otherwise vulnerable persons, is fundamentally inconsistent with any responsibility for ca…

414-061-0060 Requirements of Requesting Agencies Requesting agencies, as defined in OAR 414-061-0020(32), must comply with the following requirements: (1) A requesting agency's application forms must contain a notice that employees and other persons who are subject individuals mu…

414-061-0065 Requirements for Reciprocal Agreement Programs A reciprocal agreement program must enter into a reciprocal agreement with the Department that provides for sharing information on enrollment status of the individuals described in OAR 414-061-0020(16)(a) and (b) respect…

414-061-0070 Procedures for Conducting Criminal Records Checks, Child Abuse and Neglect Records Checks, Foster Care Certification Checks and Adult Protective Services Checks (1) The Department shall perform a criminal records check, child abuse and neglect records check, foster c…

414-061-0075 Duty of Subject Individuals A subject individual who is conditionally enrolled or enrolled in the CBR shall inform the Department within 30 days of the date of any change in their mailing address, phone number or email listed on their application materials. Statutory…

414-061-0080 Procedures for Conducting FBI Criminal History Checks (1) An FBI criminal records check will be done on all subject individuals who: (a) Are currently enrolled in the CBR; or (b) Are submitting an application for enrollment in the Department’s Central Background Regi…

414-061-0090 Central Background Registry Enrollment Procedures (1) A subject individual shall be approved for enrollment that is not a conditional or limited enrollment in the Central Background Registry if the Department has determined that the individual: (a) Has provided all i…

414-061-0100 Denial Procedures (1) A subject individual may be denied enrollment in the Central Background Registry if the individual: (a) Has been determined not suitable; (b) Has misrepresented information or failed to submit requested information or documentation; (c) Has been…

414-061-0110 Removal Procedures (1) An individual enrolled in the Central Background Registry shall be removed or suspended from the Registry by the Department if, during the period of enrollment, the individual; (a) Has been determined not suitable for enrollment in the Registry…

414-061-0120 Rights for Review and Contested Case Hearings (1) The Department shall afford subject individuals the right to appeal a decision made by the Department that the subject individual is denied, suspended, or removed from enrollment from the Central Background Registry t…

414-070-0000 Policies (1) These Rules simplify, clarify and modernize Public Contracting pursuant to ORS 279A.015(1). (2) These Rules provide a foundation for ethical and fair dealing in Public Contracting, designed to instill public confidence pursuant to ORS 279A.015(2). (3) Th…

414-070-0005 Procurement Authority (1) Pursuant to ORS 279A.050, the Department adopts these rules to supplement the DOJ Model Rules on general provisions related to public contracting as promulgated by the Attorney General effective as of January 1, 2024. These rules apply to th…

414-070-0010 Delegation of Authority (1) Generally. (a) Purpose. This rule delegates the procurement Authority of the Department (Authority). Only this rule delegates this Authority. (b) Authority of the Department. The Department is specifically authorized by ORS 279A.050 to ent…

414-070-0100 Electronic Procurement System (OregonBuys) (1) The Electronic Procurement System, known as OregonBuys, an Internet-based, on-line system, is the official publication forum for state Procurement notices and advertisements, as functionality allows, by the Department. (…

414-070-0200 Buy Decision and Methods of Source Selection (1) Buy Decision. The Buy Decision means the decision to buy Supplies and Services through socio-economic programs, agreements, or the open market (Source). The Department is not required to make a Buy Decision based on th…

414-070-0300 Contract Administration; General Provisions (1) Authority. Procurements include Contract Administration. The Authority for the Department to conduct Contract Administration is found in OAR 414-070-0010 and is subject to the requirements of ORS 279A.159 and OAR 414-07…

414-070-0310 Procurement Files (1) Application. This rule applies to Procurement Files. (2) Required Documentation. All Procurement Files must contain: (a) All Written documents delivered to an Agency from the Department, whether the documents relate to approvals, revocations, or…

414-070-0320 Reinstatement of Expired Contract; Retroactive Approval of Existing Contract (1) Application. This rule applies to the reinstatement of expired or terminated Contracts (expired Contracts) and the retroactive approval of existing Contracts procured by the Department f…

414-070-0330 ORS 190 Agreements (Intergovernmental) (1) Reporting 190 Agreements through OregonBuys. If the Department enters into an agreement under ORS 190.110, 190.420 or 190.485, or an agreement under ORS 190.112 or under ORS 660.342, the Department must submit a summary of t…

414-070-0340 Sole-Source Procurements (1) Generally. The Department may award a Contract without a competitive process through a Sole-Source Procurement according to the requirements of ORS 279B.075 and this rule. The Department must make a determination of a sole source based up…

414-070-0350 Brand Name or Equal Specification (1) Applicability and Use. This rule applies to Specifications for a Solicitation or class of Solicitations. For a Solicitation or class of Solicitations under ORS 279B.060, 279B.065, 279B.070, 279B.085, or 279A.200–279A.225, as prov…

414-070-0360 Fragmentation A Procurement may not be artificially divided or fragmented so as to constitute a Small Procurement, pursuant to ORS 279B.065, or an Intermediate Procurement, pursuant to ORS 279B.070. Statutory/Other Authority: ORS 279A.065(5)(a) & ORS 279A.070 Statute…

414-070-0370 Selling or Leasing Supplies and Services; Policy; Applicability; Methods (1) Policy. A sound and responsive Public Contracting system, according to ORS 279A.015, may include purchasing, selling, and leasing activities. By definition, a Public Contract includes sales …

414-070-0380 Feasibility Determination, Cost Analysis and Department Report (1) The Table of Contents for this rule is as follows: (a) Section 2: Generally (b) Section 3: Feasibility Determination (c) Section 4: Cost Analysis: Estimation of Department and Contractor Data (d) Sect…

414-070-0390 Practices Regarding Electronic Goods Procurement (1) ORS 279B.025 requires the Department to establish procurement practices that ensure, to the maximum extent economically feasible, Procurement of Goods that may be recycled or reused when discarded. (2) The Departme…

414-070-0400 Life Cycle Costing (1) Policy. (a) Analysis. Life Cycle Costing provides a method of analysis, considering Sustainability and analyzing total cost of ownership as part of the best value of the purchased Goods (Products). The method applies to the development of Life …

414-070-0410 Approval of Information Technology or Telecommunications Procurements (1) For any Procurement of Information Technology or Telecommunications with an anticipated Contract Price of $1,000,000.00 or more, the Department must obtain prior Written approval from the State…

414-070-0420 Ethics in Public Contracting; Policy These Rules supplement and do not replace ORS 244.010 through 244.400, for the purpose of applying the policy of ORS 244.010 to Oregon Public Contracting under the Public Contracting Code and these Rules. Oregon Public Contracting…

414-070-0430 Specifications (1) The Department must not develop Specifications that primarily benefit a Provider, directly or indirectly, to the detriment of the Department or the best interest of the State. (2) The Department must not develop Specifications that inhibit or tend …

414-075-0000 Applicability of Rules (1) Except as otherwise specified, these rules apply to all licensed, license-exempt, exempt, and unlicensed child care providers and facilities including: (a) All licensed facilities including registered family child care homes, certified fami…

414-075-0010 Definitions The following words and terms, when used in OAR 414-075-0000 through 414-075-0300, have the following meanings: (1) “Certified Family Child Care Home” or “CF” means a child care facility operated in a building designed as a single family home or other dwe…

414-075-0130 Complaints and Investigations (1) Unless already open regarding the same allegations, a complaint will be opened based on CCLD’s receipt of any of the following concerning licensed facilities, recorded programs, or unlicensed facilities alleged to be providing care f…

414-075-0230 Exempt Prohibition, Unlawful Care, Civil Penalties (1) An individual is an exempt prohibited individual as a result of any of the following circumstances as provided by ORS 329A.252: (a) The individual has had their registration, certification, or record denied for c…

414-075-0250 Operating Hours and Care Not Requiring a License (1) A facility may provide care without a license if the facility: (a) Provides care in the home of the child by a babysitter or other person; (b) Is the child’s parent, legal guardian or custodian; (c) Is related to t…

414-075-0300 Union Representation in Contested Case Hearings (1) A labor union representative who is not an attorney holding an active license issued by the Oregon State Bar may represent the following providers in a contested case hearing conducted by the CCLD or the Department:…