Oregon Administrative Code

573-050-0045 Enforcement and Appeals (1) Campus regulations are in effect 24 hours a day, seven days a week. Including summer term and holidays. Except when parking permits are not required (as stated in OAR 573-050-0030). (2) Tow-away zones will be enforced 24 hours a day, seven…

575-001-0000 Rulemaking Notice (1) Prior to the adoption, amendment, or repeal of any rule, except a temporary rule, the Higher Education Coordinating Commission shall give public notice in the manner provided in this rule and hold a hearing on the proposed action. (2) The public…

575-001-0005 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the Higher Education Coordinating Commission adopts the Attorney General's Model and Uniform Rules of Procedure as codified in the Attorney General’s Administrative Law Manual and Uniform and Model R…

575-001-0010 Eligibility (1) Any student or parent in default on any Federal Family Education Loan Program (FFELP) loan (formerly Guaranteed Student Loan/GSL) or any loan made or insured by the Higher Education Coordinating Commission and any student owing a refund on any State g…

575-001-0015 Right of Appeal A student who is denied participation in any student assistance program administered by the Higher Education Coordinating Commission may appeal the denial to the Commission. The appeal shall be submitted in writing a minimum of ten days before the mee…

575-001-0030 Licensing, Suspension, and Renewal Requirements (1) A State of Oregon licensing board, agency, or commission that is authorized by statute shall refuse to renew or may suspend a certificate, license, or registration of a person, or place the person on probation, if t…

575-001-0035 Appointment and Authority of Executive Director The Executive Director of the Higher Education Coordinating Commission shall appoint a qualified person to hold the position of Executive Director of the Office of Student Access and Completion. The Executive Director s…

575-007-0200 Statement of Purpose and Statutory Authority (1) Purpose. The purpose of these rules is to provide for the reasonable screening of subject individuals in order to determine if they have a history of criminal behavior such that they are not fit to work or volunteer in…

575-007-0210 Definitions As used in OAR 575-007, unless the context of the rule requires otherwise, the following definitions apply: (1) "Approved" means that a criminal records check and any required fitness determination has been completed on a subject individual and the subjec…

575-007-0220 Subject Individuals (1) As used in OAR 575-007, “Subject Individual” means a person from whom the Commission may require fingerprints for the purpose of conducting a state or nationwide criminal records check. (2) The Commission may require the fingerprints of a pers…

575-007-0230 Criminal Records Check Required (1) Who Conducts Check. (a) The Commission may request that the Department of State Police conduct a criminal records check on a subject individual. If a nationwide criminal records check of a subject individual is necessary, the Commi…

575-007-0240 Contact Person and Authorized Designee (1) Requirements. All requirements in this section must be completed within a 90-day time period and prior to performing any duties as a contact person or authorized designee. To be approved by the Commission, all contact person…

575-007-0250 Oregon Criminal Records Check Process (1) Forms Required. The OSAC Criminal Records Request form must be filled out and signed by the applicant/employee. This form indicates what identifying and other information is required from the subject individual to begin the C…

575-007-0260 State-Specific Criminal Records Check Process (1) State-Specific Check. Notwithstanding the provisions of OAR 575-007-0270, the Commission may conduct a state-specific criminal records check in lieu of a national check when the Commission has reason to believe that o…

575-007-0270 National Criminal Records Check Process (1) National Criminal Records Check. In addition to an Oregon check (OAR 575-007-0250), a national criminal records check will be required by the Commission under any of the following circumstances: (a) Out-of-State Residency. …

575-007-0275 Imminent Danger (1) If the Commission determines there is an indication of criminal behavior that could pose a potential immediate threat to safety or security while performing the functions covered by OAR 575-007-0220(2)(a)–(g), the Commission may authorize a new cr…

575-007-0280 Potentially Disqualifying Crimes A conviction of any of the following crimes is potentially disqualifying. The lists include offenses that are crimes and are not intended to include offenses that are classified as violations (See ORS 161.505 through 161.565). (1) Per…

575-007-0290 Other Potentially Disqualifying Conditions The following are potentially disqualifying conditions: (1) False Statement. A "false statement" by the subject individual to the authorized designee or agency, including provision of materially false information, false info…

575-007-0300 Other Information Considered (1) Consideration of Other Information. When other information is disclosed by the subject individual, or is otherwise known by the authorized designee, the authorized designee must consider such information in addition to potentially dis…

575-007-0310 Hiring on a Preliminary Basis A subject individual may participate in training, orientation, and work activities prior to a final fitness determination only under the following conditions and will be considered to be hired on a preliminary basis: (1) OSAC Criminal Re…

575-007-0320 Fitness Determinations (1) Fitness Determination Before Work or Placement. The Commission must not allow a subject individual to participate in training, orientation, or work activities prior to a fitness determination. (2) Termination Following Denial. When a subjec…

575-007-0330 Contesting a Fitness Determination (1) Work Pending Appeal Prohibited. If a subject individual is denied, then that person may not hold the position or be employed. (2) History Disputed. (a) Correcting Disputed History. If a subject individual wishes to challenge the…

575-007-0340 Record Keeping, Confidentiality (1) LEDS Reports. (a) Confidentiality. All LEDS reports are confidential and must be maintained by the authorized designee in accordance with applicable Oregon State Police requirements in ORS chapter 181 and the rules adopted pursuant…

575-007-0350 Immunity from Liability The Commission and its authorized designee have immunity from any civil liability that might otherwise be incurred or imposed for determining, in accordance with Chapter 730 (2005 Laws) that a subject individual is fit or not fit to hold a pos…

575-007-0380 Fees Fees may not exceed the actual cost of acquiring and furnishing criminal offender information. Statutory/Other Authority: ORS 348; Ch. 730 2005 OL & HB. 2157 2005 OL Statutes/Other Implemented: Ch. 730 2005 OL History: OSAC 1-2015, f. & cert. ef. 12-18-15 OSAC 4…

575-030-0005 Definitions (1) "Resident of Oregon". Residency is established by virtue of the student (in the case of independent students) or the student's parent (in the case of dependent students) having been in continuous residency in this state for the 12 months preceding enr…

575-031-0005 Residency To be eligible for an Oregon Opportunity Grant a student must: (1) Have been a resident of this state for not less than 12 months prior to enrolling at an eligible post-secondary institution; (2) Have not achieved a baccalaureate or higher degree from any p…

575-031-0010 Financial Need A student’s financial need for purposes of determining eligibility for an Oregon Opportunity Grant is based upon the need-analysis calculation from the U.S. Department of Education, regardless of the need analysis application used by the student. Statu…

575-031-0015 Institutional Eligibility Eligible institutions are any Oregon community colleges, Oregon public universities listed in ORS 352.002, Oregon Health and Science University, and Oregon-based non-profit institutions of higher education which: (1) Are recognized by the U.…

575-031-0016 Eligible Program To receive an Oregon Opportunity Grant, a student must be enrolled at an eligible post-secondary institution listed in OAR 575-031-0015 in one of the following academic program types: (1) A program leading to a baccalaureate or associate degree; (2) …

575-031-0025 Opportunity Grant Amount (1) The Commission shall calculate awards for all eligible students using a base award amount across all institutional segments. A tuition differential specific to the institutional segment the student is attending shall be added to the base …

575-031-0027 Persistence and Completion (1) The Commission may award funds from the Oregon Opportunity Grant program to qualified students as defined in OAR 575-031-0005 to reward persistence and completion of degree programs at eligible post-secondary institutions as authorized …

575-031-0030 Conditions of Award (1) To apply for an Oregon Opportunity Grant, a student must complete and submit the Free Application for Federal Student Aid for each academic year, if eligible to file the application, or submit an alternate need analysis form approved by the Co…

575-031-0045 Disbursements (1) Institutions shall disburse grants to students identified by the Commission from funds provided by the Commission on an academic term basis. (2) Institutions shall not disburse grants to students who cease to meet conditions of award identified by t…

575-031-0046 Student Information (1) The institution shall provide each student awarded at that institution with written notification on items specified by the Commission. (2) The institution shall report to the Commission certain grant recipient data to include, at a minimum, th…

575-031-0050 Record Keeping (1) Each institution shall maintain sufficient records to document its activities relating to the program. (2) Each institution shall make its academic and financial records available to the Commission at reasonable times for the purpose of assuring th…

575-031-0055 Appeals An institution shall have the right to appeal to the Commission in the instance of a disagreement with a policy or procedure of the Commission or its staff. In such a case, the decision of the Commission is final unless a court of competent jurisdiction order…

575-031-0060 Awarding Priorities (1) In years when the Oregon Opportunity Grant program does not have sufficient funding to serve all eligible Oregon students, the Commission will prioritize awarding of grants to eligible current foster children and former foster children, as det…

575-035-0005 Residency For a student to be eligible for a Barbers and Hairdressers (B & H) Grant, the student must be a resident of the State of Oregon as defined in OAR 575-030-0005(1). Statutory/Other Authority: ORS 348 Statutes/Other Implemented: ORS 348.290 & ORS 348.505 Hist…

575-035-0010 Financial Need A student must have financial need as determined by the Commission as set forth in OAR 575-030-0005(4). Statutory/Other Authority: ORS 348 Statutes/Other Implemented: ORS 348.290 & ORS 348.505 History: OSAC 1-2019, amend filed 02/22/2019, effective 02/…

575-035-0015 Institutional Eligibility Eligible institutions are any schools of Barbering, Hair Design, Cosmetology and Manicure, that are located in and licensed by the State of Oregon and have signed an agreement with the Commission to participate. Statutory/Other Authority: OR…

575-035-0020 Enrollment A student must be enrolled or accepted for enrollment as a student at an eligible institution. Statutory/Other Authority: ORS 348 Statutes/Other Implemented: ORS 348.290 & ORS 348.505 History: OSAC 1-2019, amend filed 02/22/2019, effective 02/22/2019 OSAC …

575-035-0025 Grant Amount A B & H Grant may vary in amount from $100 to $1,500 per academic year or nine month period. Statutory/Other Authority: ORS 348 Statutes/Other Implemented: ORS 348.290 & ORS 348.505 History: OSAC 1-2019, amend filed 02/22/2019, effective 02/22/2019 OSAC …

575-035-0030 Conditions of Award (1) The maximum period of a B & H Grant shall not exceed 15 months, except as described in subsection (5). (2) The Commission may deny any disbursement to a student failing to make satisfactory academic progress as defined by the institution. (3) …

575-035-0040 Award Priority When considering application for award, the Commission shall give first priority to the funding of grants to full-time students. Statutory/Other Authority: ORS 348 Statutes/Other Implemented: ORS 348.290 & 348.505 History: OSAC 1-2015, f. & cert. ef. 1…

575-035-0045 Disbursements (1) Institutions shall disburse grants to students identified by the eligible institution from funds provided by the Commission once each year. (2) If, as a result of an institutional error, grants are disbursed to ineligible students, to students in in…

575-035-0046 Student Information Awarded students will be provided with written notification of the following: (1) The amount of B & H Grant which the student is eligible to receive at that institution. (2) Any change in the amount of the grant which the student is eligible to re…

575-035-0050 Record Keeping (1) Each institution shall maintain sufficient records to document its activities relating to state grant programs. (2) Each institution shall make its academic and financial records available to the Commission at reasonable times for the purpose of as…

575-035-0051 Fund Management (1) Funds from the Department of Commerce for the establishment of the B & H Grant program will be transferred to the Oregon Student Assistance Fund to be invested by the State Treasurer. (2) Only the investment earnings from the fund shall be used fo…

575-035-0055 Appeals An institution shall have the right to appeal to the Commission in the instance of a disagreement with a policy or procedure of the Commission or its staff. In such a case, the decision of the Commission is final unless a court of competent jurisdiction order…