Chapter 0730

Chapter 730 Oregon Laws 2005

AN ACT

HB 2157

Relating to criminal records checks; creating new provisions; amending ORS 9.542, 181.537, 181.539, 181.541, 181.880, 267.237, 273.183, 326.603, 326.607, 336.631, 338.115, 342.125, 342.127, 342.223, 342.232, 396.332, 417.815, 418.016, 443.735, 462.020, 464.250, 471.695, 480.235, 657A.030, 657A.270, 657A.275, 657A.300, 657A.330, 657A.370, 657A.390, 675.110, 675.595, 675.785, 676.612, 677.265, 678.150, 684.040, 684.100, 684.155, 687.041, 696.022, 696.511, 696.606, 696.790, 702.017, 703.090, 703.425 and 703.445; repealing ORS 181.535, 181.536, 674.170, 687.075, 696.793, 702.022 and 703.427 and section 10, chapter 116, Oregon Laws 2005 (Enrolled House Bill 2096), section 1, chapter 377, Oregon Laws 2005 (Enrolled House Bill 2059), sections 1, 2 and 3, chapter 378, Oregon Laws 2005 (Enrolled House Bill 2061), sections 2 and 4, chapter 380, Oregon Laws 2005 (Enrolled House Bill 2102), section 7, chapter 447, Oregon Laws 2005 (Enrolled Senate Bill 61), section 4, chapter 524, Oregon Laws 2005 (Enrolled Senate Bill 62), sections 5 and 22, chapter 525, Oregon Laws 2005 (Enrolled House Bill 3179), and section 12, chapter 613, Oregon Laws 2005 (Enrolled House Bill 2117); and declaring an emergency.

NOTE: Section 1 was deleted by amendment. Subsequent sections were not renumbered.

Be It Enacted by the People of the State of Oregon:

SECTION 2. (1) As used in this section:

(a) “Authorized agency” means state government as defined in ORS 174.111 and the Oregon State Bar. “Authorized agency” does not include:

(A) The Oregon State Lottery Commission or the Oregon State Lottery; or

(B) A criminal justice agency, as defined in ORS 181.010, that is authorized by federal law to receive fingerprint-based criminal records checks from the Federal Bureau of Investigation.

(b) “Subject individual” means a person from whom an authorized agency may require fingerprints pursuant to statute for the purpose of enabling the authorized agency to request a state or nationwide criminal records check.

(2) An authorized agency may request that the Department of State Police conduct a criminal records check on a subject individual for non-criminal justice purposes. If a nationwide criminal records check of a subject individual is necessary, the authorized agency may request that the Department of State Police conduct the check, including fingerprint identification, through the Federal Bureau of Investigation.

(3) The Department of State Police shall provide the results of a criminal records check conducted pursuant to subsection (2) of this section to the authorized agency requesting the check.

(4) The Federal Bureau of Investigation shall return or destroy the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints. If the federal bureau policy authorizing return or destruction of the fingerprint cards is changed, the Department of State Police shall cease to send the cards to the federal bureau but shall continue to process the information through other available resources.

(5) If the Federal Bureau of Investigation returns the fingerprint cards to the Department of State Police, the department shall destroy the fingerprint cards and shall retain no facsimiles or other material from which a fingerprint can be reproduced.

(6) If only a state criminal records check is conducted, the Department of State Police shall destroy the fingerprint cards after the criminal records check is completed and the results of the criminal records check provided to the authorized agency and shall retain no facsimiles or other material from which a fingerprint can be reproduced.

(7) An authorized agency may conduct criminal records checks on subject individuals through the Law Enforcement Data System maintained by the Department of State Police in accordance with rules adopted, and procedures established, by the Department of State Police.

(8) An authorized agency and the Department of State Police shall permit a subject individual for whom a fingerprint-based criminal records check was conducted to inspect the individual’s own state and national criminal offender records and, if requested by the subject individual, provide the individual with a copy of the individual’s own state and national criminal offender records.

(9) Each authorized agency, in consultation with the Department of State Police, shall adopt rules to implement this section and other statutes relating to criminal offender information obtained through fingerprint-based criminal records checks. The rules shall include but need not be limited to:

(a) Specifying categories of subject individuals who are subject to criminal records checks.

(b) Specifying the information that may be required from a subject individual to permit a criminal records check.

(c) Specifying which programs or services are subject to this section.

(d) Specifying the types of crimes that may be considered in reviewing criminal offender information of a subject individual.

(e) Specifying when a nationwide fingerprint-based criminal records check must be conducted. An authorized agency shall consider the additional cost of obtaining a nationwide fingerprint-based criminal records check when adopting rules under this subsection.

(f) If the authorized agency uses criminal records checks for agency employment purposes:

(A) Determining when and under what conditions a subject individual may be hired on a preliminary basis pending a criminal records check; and

(B) Defining the conditions under which a subject individual may participate in training, orientation and work activities pending completion of a criminal records check.

(g) Establishing fees in an amount not to exceed the actual cost of acquiring and furnishing criminal offender information.

(10) The Department of State Police shall verify that an authorized agency has adopted the rules required by subsection (9) of this section.

(11) Except as otherwise provided in section 6 of this 2005 Act, an authorized agency, using the rules adopted under subsection (9) of this section, shall determine whether a subject individual is fit to hold a position, provide services, be employed or be granted a license, certification, registration or permit, based on the criminal records check obtained pursuant to this section, on any false statements made by the individual regarding the criminal history of the individual and on any refusal to submit or consent to a criminal records check including fingerprint identification. If a subject individual is determined to be unfit, then the individual may not hold the position, provide services, be employed or be granted a license, certification, registration or permit.

(12) Except as otherwise provided in section 6 of this 2005 Act, in making the fitness determination under subsection (11) of this section, the authorized agency shall consider:

(a) The nature of the crime;

(b) The facts that support the conviction or pending indictment or that indicate the making of the false statement;

(c) The relevancy, if any, of the crime or the false statement to the specific requirements of the subject individual’s present or proposed position, services, employment, license, certification or registration; and

(d) Intervening circumstances relevant to the responsibilities and circumstances of the position, services, employment, license, certification, registration or permit. Intervening circumstances include but are not limited to:

(A) The passage of time since the commission of the crime;

(B) The age of the subject individual at the time of the crime;

(C) The likelihood of a repetition of offenses or of the commission of another crime;

(D) The subsequent commission of another relevant crime;

(E) Whether the conviction was set aside and the legal effect of setting aside the conviction; and

(F) A recommendation of an employer.

(13) An authorized agency and an employee of an authorized agency acting within the course and scope of employment are immune from any civil liability that might otherwise be incurred or imposed for determining, pursuant to subsection (11) of this section, that a subject individual is fit or not fit to hold a position, provide services, be employed or be granted a license, certification, registration or permit. An authorized agency and an employee of an authorized agency acting within the course and scope of employment who in good faith comply with this section are not liable for employment-related decisions based on determinations made under subsection (11) of this section. An authorized agency or an employee of an authorized agency acting within the course and scope of employment is not liable for defamation or invasion of privacy in connection with the lawful dissemination of information lawfully obtained under this section.

(14)(a) Each authorized agency shall establish by rule a contested case process by which a subject individual may appeal the determination that the individual is fit or not fit to hold a position, provide services, be employed or be granted a license, certification, registration or permit on the basis of information obtained as the result of a criminal records check conducted pursuant to this section. Challenges to the accuracy or completeness of information provided by the Department of State Police, the Federal Bureau of Investigation and agencies reporting information to the Department of State Police or Federal Bureau of Investigation must be made through the Department of State Police, Federal Bureau of Investigation or reporting agency and not through the contested case process required by this paragraph.

(b) A subject individual who is employed by an authorized agency and who is determined not to be fit for a position on the basis of information obtained as the result of a criminal records check conducted pursuant to this section may appeal the determination through the contested case process adopted under this subsection or applicable personnel rules, policies and collective bargaining provisions. An individual’s decision to appeal a determination through personnel rules, policies and collective bargaining provisions is an election of remedies as to the rights of the individual with respect to the fitness determination and is a waiver of the contested case process.

(15) Criminal offender information is confidential. Authorized agencies and the Department of State Police shall adopt rules to restrict dissemination of information received under this section to persons with a demonstrated and legitimate need to know the information.

(16) If a subject individual refuses to consent to the criminal records check or refuses to be fingerprinted, the authorized agency shall deny the employment of the individual, or revoke or deny any applicable position, authority to provide services, license, certification, registration or permit.

(17) If an authorized agency requires a criminal records check of employees, prospective employees, contractors, vendors or volunteers or applicants for a license, certification, registration or permit, the application forms of the authorized agency must contain a notice that the person is subject to fingerprinting and a criminal records check.

SECTION 3. ORS 181.537 is amended to read:

181.537. (1) As used in this section:

(a) “Care” means the provision of care, treatment, education, training, instruction, supervision, placement services, recreation or support to children, the elderly or persons with disabilities.

(b) “Qualified entity” means a community mental health and developmental disabilities program, a local health department or an individual or business or organization, whether public, private, for-profit, nonprofit or voluntary, that provides care, including a business or organization that licenses, certifies or registers others to provide care.

[(1) An authorized agency may request from the Department of State Police criminal offender information on subject individuals if the information is required in order to protect vulnerable persons:]

[(a) To implement a federal or state statute, executive order or rule that expressly refers to criminal conduct and contains requirements or exclusions expressly based on such conduct;]

(2) The Department of Human Services and the Employment Department may require the fingerprints of a person for the purpose of requesting a state or nationwide criminal records check of the person under section 2 of this 2005 Act:

[(b)] (a) For agency employment purposes;

[(c)] (b) For the purposes of licensing, certifying, registering or otherwise regulating or administering programs, [subject individuals] persons or qualified entities that provide care[, treatment, education, training, instruction, supervision, placement services, recreation or support to children, the elderly or persons with disabilities];

[(d)] (c) For the purposes of employment decisions by or for qualified entities that are regulated or otherwise subject to oversight by [an authorized agency] the Department of Human Services and that provide care[, treatment, education, training, instruction, supervision, placement services, recreation or support to children, the elderly or persons with disabilities]; or

[(e)] (d) For the purposes of employment decisions made by a mass transit district or transportation district for qualified entities that, under contracts with the district or the Department of Human Services, employ [individuals] persons to operate motor vehicles for the transportation of medical assistance program clients.

(3) The Department of Human Services may conduct criminal records checks on a person through the Law Enforcement Data System maintained by the Department of State Police, if deemed necessary by the Department of Human Services to protect children, elderly persons, persons with disabilities or other vulnerable persons.

[(2) An authorized agency may conduct criminal records checks on subject individuals through the Law Enforcement Data System maintained by the Department of State Police or a qualified vendor, if deemed necessary by the authorized agency.]

[(3) If a nationwide criminal records check is necessary for a subject individual, the authorized agency shall request the Department of State Police to conduct the check, including fingerprint identification, through the Federal Bureau of Investigation. The Department of State Police shall report the results to the authorized agency. The Department of State Police shall also furnish any information that the Department of State Police may have in its possession from its central bureau of criminal identification, including but not limited to manual or computerized information.]

[(4) The Federal Bureau of Investigation shall either return or destroy the fingerprint cards used to conduct the criminal records check and shall not keep any record of the fingerprints. However, if the federal bureau policy authorizing return or destruction of the fingerprint cards is changed, the authorized agency shall cease to send the cards to the federal bureau but shall continue to process the information through other available resources.]

[(5) If the Federal Bureau of Investigation returns the fingerprint cards to the Department of State Police, the department shall return the fingerprint cards to the authorized agency. The authorized agency shall destroy the fingerprint cards and shall retain no facsimiles or other material from which a fingerprint can be reproduced.]

[(6)] (4) [An authorized agency] The Department of Human Services may furnish to qualified entities, in accordance with the [respective agency’s] Department of Human Services’ rules and the rules of the Department of State Police, information received from the Law Enforcement Data System. [or a qualified vendor. In addition, the authorized agency and the Department of State Police shall permit a subject individual to inspect the individual’s own Oregon criminal offender record.] However, any criminal offender records and information furnished to the [authorized agency] Department of Human Services by the Federal Bureau of Investigation through the Department of State Police may not be disseminated to [other] qualified entities [or subject individuals].

[(7)(a)] (5) A qualified entity, using rules adopted by [an authorized agency] the Department of Human Services, shall determine under this section whether a [subject individual] person is fit to hold a position, provide services, be employed or, if the qualified entity has authority to make such a determination, be licensed, certified or registered, based on the criminal [offender information] records check obtained pursuant to [this section] section 2 of this 2005 Act, any false statements made by the [individual] person regarding the criminal history of the [individual] person and any refusal to submit or consent to a criminal records check including fingerprint identification. If a [subject individual] person is determined to be unfit, then that person [shall] may not hold the position, provide services or be employed, licensed, certified or registered.

[(b)] (6) In making the fitness determination under subsection (5) of this section, the qualified entity shall consider:

[(A)] (a) The nature of the crime;

[(B)] (b) The facts that support the conviction or pending indictment or indicate the making of the false statement;

[(C)] (c) The relevancy, if any, of the crime or the false statement to the specific requirements of the [subject individual’s] person’s present or proposed position, services, employment, license, certification or registration; and

[(D)] (d) Intervening circumstances relevant to the responsibilities and circumstances of the position, services, employment, license, certification or registration. Intervening circumstances include but are not limited to the passage of time since the commission of the crime, the age of the person at the time of the crime, the likelihood of a repetition of offenses, the subsequent commission of another relevant crime and a recommendation of an employer.

[(c)] (7) [An authorized agency is the only qualified entity that] The Department of Human Services and the Employment Department may make fitness determinations based on criminal offender records and information furnished by the Federal Bureau of Investigation through the Department of State Police only as provided in section 2 of this 2005 Act.

[(d)] (8) A qualified entity [is] and an employee of a qualified entity acting within the course and scope of employment are immune from any civil liability that might otherwise be incurred or imposed for determining pursuant to subsection (5) of this [subsection] section that a [subject individual] person is fit or not fit to hold a position, provide services or be employed, licensed, certified or registered. A qualified entity, employee of a qualified entity acting within the course and scope of employment and an employer or employer’s agent who in good faith comply with this section and the decision of the qualified entity or employee of the qualified entity acting within the course and scope of employment are not liable for the failure to hire a prospective employee or the decision to discharge an employee on the basis of the [qualified entity’s decision. An employee of the state, a business or an organization is not liable for defamation, invasion of privacy, negligence or any other civil claim in] qualified entity’s decision. An employee of the state acting within the course and scope of employment is not liable for defamation or invasion of privacy in connection with the lawful dissemination of information lawfully obtained under this section.

[(8)(a) Each authorized agency shall establish by rule a contested case process by which a subject individual may appeal the determination that the subject individual is disqualified for a position, services, employment, license, certification or registration pursuant to this section. Challenges to the accuracy or completeness of information provided by the Department of State Police, the Federal Bureau of Investigation and agencies reporting information to the department or bureau must be made through the department, bureau or agency and not through the contested case process required by this paragraph.]

[(b) A subject individual who is also employed by an authorized agency and who is determined disqualified for a position may appeal the determination through either the contested case process adopted under this subsection or applicable personnel rules, policies and collective bargaining provisions. A subject individual’s decision to appeal a determination through personnel rules, policies and collective bargaining provisions is an election of remedies as to the rights of the subject individual with respect to the disqualification determination, and is a waiver of the contested case process.]

(9) The Department of Human Services shall develop a system that maintains information regarding criminal records checks in order to minimize the administrative burden [that criminal records check requirements impose upon subject individuals and providers] imposed by this section and section 2 of this 2005 Act. Records maintained under this subsection [for subject individuals] are confidential and may not be disseminated except for the purposes of this section and in accordance with the rules of the Department of Human Services and the Department of State Police. Nothing in this subsection permits the Department of Human Services to retain fingerprint cards [of subject individuals] obtained pursuant to this section.

(10) [Each authorized agency] In addition to the rules required by section 2 of this 2005 Act, the Department of Human Services, in consultation with the Department of State Police,[and affected provider, beneficiary and employee groups, shall adopt rules to implement this section and other statutes relating to criminal offender information. The rules may include but are not limited to] shall adopt rules:

[(a) Specifying which employees are authorized to make criminal record inquiries;]

[(b) Specifying categories of subject individuals who are subject to criminal records checks;]

[(c) Specifying the information, including fingerprints, that may be required from a subject individual to permit a criminal records check;]

[(d)] (a) Specifying which [programs, services or] qualified entities are subject to this section;

[(e)] (b) Specifying which qualified entities may request criminal offender information;

[(f)] (c) Specifying which qualified entities are responsible for deciding whether a subject individual is not fit for a position, service, license, certification, registration or employment; and

[(g) Specifying which crimes may be considered in reviewing criminal offender information for a subject individual;]

[(h) Specifying when a nationwide criminal records check must be conducted on a subject individual through the Department of State Police. The additional cost of obtaining a nationwide criminal records check and the risk to vulnerable persons should be taken into consideration when adopting rules under this paragraph;]

[(i)] (d) Specifying when a qualified entity, in lieu of conducting a completely new criminal records check, may proceed to make a fitness determination under subsection (5) of this section using the information maintained by the Department of Human Services pursuant to subsection (9) of this section.[;]

[(j) Determining when a subject individual may be hired on a probationary basis pending a criminal records check. At a minimum, if there is any indication of criminal behavior by the subject individual, the rules must require that, if the individual is hired, the individual can be hired only on a probationary basis and must be actively supervised at all times when the individual is in contact with children, the elderly or persons with disabilities; and]

[(k) Establishing fees in an amount not to exceed the actual cost of acquiring and furnishing criminal offender information.]

[(11) The Department of Human Services shall appoint a criminal records check rules coordinator who is responsible for ensuring that the department adopts appropriately consistent criminal records check processes that minimize adverse impacts to subject individuals and providers while accomplishing protection for children, the elderly and persons with disabilities.]

[(12) Criminal offender information is confidential. The Department of State Police shall adopt rules to restrict dissemination of information received under this section to persons with a demonstrated and legitimate need to know the information. Any qualified entity receiving information pursuant to this section is bound by the rules of disclosure adopted by the department.]

[(13) For purposes of receiving the information described in this section, an authorized agency is considered to be a “designated agency” under ORS 181.010 to 181.560 and 181.715 to 181.730 and the rules adopted under ORS 181.555.]

[(14)] (11) If a [subject individual] person refuses to consent to the criminal records check or refuses to be fingerprinted, the qualified entity shall deny or terminate the employment of the [individual] person, or revoke or deny any applicable position, [service] authority to provide services, employment, license, certification or registration.

[(15) An authorized agency shall define by rule the conditions under which subject individuals may participate in training, orientation and work activities pending completion of a criminal records check through the Law Enforcement Data System, qualified vendor or nationwide criminal records check. At a minimum, subject individuals must be actively supervised at all times that they are in contact with children, the elderly and persons with disabilities during such periods of training, orientation and work. Subject individuals may continue probationary employment while awaiting the nationwide criminal records check as long as the individual’s criminal records check through the Law Enforcement Data System or qualified vendor did not result in disqualification and there are no other indications of criminal behavior.]

[(16)] (12) If the qualified entity requires a criminal records check of employees or other persons, the application forms of the qualified entity must contain a notice that employment is subject to fingerprinting and a criminal records check [as required by this section and ORS 181.539].

[(17) As used in this section:]

[(a) “Authorized agency” means the Department of Human Services, the Employment Department and the State Parks and Recreation Department.]

[(b) “Care” means the provision of care, treatment, education, training, instruction, supervision, placement services, recreation or support to children, the elderly or persons with disabilities and developmental disabilities.]

[(c) “Qualified entity” means an authorized agency, community mental health and developmental disability program, local health department or an individual or business or organization, whether public, private, for-profit, nonprofit or voluntary, that provides care, including a business or organization that licenses, certifies or registers others to provide care.]

[(d) “Qualified vendor” means a supplier of criminal history backgrounds who is certified by an authorized agency as having substantially the same criminal offender information as the Law Enforcement Data System.]

[(e) “Subject individual” means a person subject to a criminal records check as specified by rule of an authorized agency.]

SECTION 4. ORS 181.539 is amended to read:

181.539. [(1) Upon the request of the Teacher Standards and Practices Commission, the Department of Education or the Oregon Military Department, the Department of State Police shall furnish to the authorized staff of the Teacher Standards and Practices Commission, the Department of Education or the Oregon Military Department, whichever is appropriate, such information on a subject individual as the Department of State Police may have in its possession from its central bureau of criminal identification, including but not limited to manual or computerized criminal offender information.]

[(2)(a) Subsequent to furnishing the information required under subsection (1) of this section, the Department of State Police shall conduct nationwide criminal records checks of the subject individual through the Federal Bureau of Investigation by use of the subject individual’s fingerprints and shall report the results to the staff of the requesting agency, who must be specifically authorized to receive the information.]

[(b) The Federal Bureau of Investigation shall either return or destroy the fingerprint cards used to conduct the criminal records check and shall not keep any record of the fingerprints. However, if the federal bureau policy authorizing return or destruction of the fingerprint cards is changed, the department shall cease to send the cards to the federal bureau but shall continue to process the information through other available resources.]

[(c) If the Federal Bureau of Investigation returns the fingerprint cards to the Department of State Police, the department shall return the fingerprint cards to the requesting agency. Upon receiving fingerprint cards under this paragraph, the requesting agency shall destroy the fingerprint cards and shall retain no facsimiles or other material from which a fingerprint can be reproduced.]

[(3) For purposes of requesting and receiving the information and data described in subsections (1) and (2) of this section, the Teacher Standards and Practices Commission, the Department of Education and the Oregon Military Department are designated agencies for purposes of ORS 181.010 to 181.560 and 181.715 to 181.730.]

(1) For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Teacher Standards and Practices Commission and the Department of Education may require the fingerprints of:

(a) A person who is applying for initial issuance of a license under ORS 342.120 to 342.430 as a teacher, administrator or personnel specialist if the person has not submitted to a criminal records check by the commission within the previous year.

(b) A person who is applying for reinstatement of a license as a teacher, administrator or personnel specialist whose license has lapsed for at least three years.

(c) A person who is applying for initial issuance of a certificate under ORS 342.475 as a school nurse.

(d) A school district or private school contractor, whether part-time or full-time, or an employee thereof, whether part-time or full-time, who has direct, unsupervised contact with students as determined by the district or private school.

(e) A person newly hired, whether part-time or full-time, by a school district or private school in a capacity not described in paragraphs (a) to (c) of this subsection who has direct, unsupervised contact with children as determined by the district or private school.

(f) A person employed, whether part-time or full-time, by a school district or private school in a capacity not described in paragraphs (a) to (c) of this subsection who has direct, unsupervised contact with children as determined by the district or private school.

(g) A person who is registering with the commission for student teaching, practicum or internship as a teacher, administrator or personnel specialist, if the person has not submitted to a criminal records check by the commission within the previous year for student teaching, practicum or internship as a teacher, administrator or personnel specialist.

(h) A person who is a community college faculty member providing instruction at a kindergarten through grade 12 school site during the regular school day.

(i) A person who is an employee of a public charter school.

(j) A person who is applying for initial issuance of a registration as a public charter school teacher under ORS 342.125.

(2) Notwithstanding subsection (1) of this section, the commission and the department may not require fingerprints of a person described in subsection (1)(d), (e), (f), (h) or (i) of this section if the person or the person’s employer was checked in one school district or private school and is currently seeking to work in another district or private school unless the person lived outside this state during the interval between the two periods of time of working in the district or private school.

[(4)] (3) Nothing in this section [shall be considered to require a subject individual as] requires a person described in subsection [(5)(d)(D), (E) or (I)] (1)(d), (e) or (i) of this section to submit to fingerprinting until the [individual] personas been offered employment or a contract by a school district or private school. Contractor employees shall not be required to submit to fingerprinting until the contractor has been offered a contract.

[(5)] (4) As used in this section:

(a) “Private school” means a school that provides educational services as defined in ORS 345.505 and is registered as a private school under ORS 345.505 to 345.575.

[(b) “Requesting agency” means whichever agency requested the criminal offender information under subsection (1) of this section.]

[(c)] (b) “School district” means:

(A) A school district as defined in ORS 330.003.

(B) The Oregon State School for the Blind.

(D) An educational program under the Youth Corrections Education Program.

(E) A public charter school as defined in ORS 338.005.

(F) An education service district.

[(d) “Subject individual,” for purposes of requests made by the Teacher Standards and Practices Commission or the Department of Education, means:]

[(A) An individual who is applying for initial issuance of a license under ORS 342.120 to 342.430 as a teacher, administrator or personnel specialist if the individual has not submitted to a criminal records check within the previous year with the Teacher Standards and Practices Commission.]

[(B) An individual who is applying for reinstatement of a license as a teacher, administrator or personnel specialist whose license has lapsed for at least three years.]

[(C) An individual who is applying for initial issuance of a certificate under ORS 342.475 as a school nurse.]

[(D) A school district or private school contractor, whether part-time or full-time, or an employee thereof, whether part-time or full-time, who has direct, unsupervised contact with students as determined by the district or private school.]

[(E) An individual newly hired, whether part-time or full-time, by a school district or private school in a capacity not described in subparagraphs (A) to (C) of this paragraph who has direct, unsupervised contact with children as determined by the district or private school.]

[(F) An individual employee, whether part-time or full-time, of a school district or private school in a capacity not described in subparagraphs (A) to (C) of this paragraph who has direct, unsupervised contact with children as determined by the district or private school.]

[(G) An individual who is registering with the Teacher Standards and Practices Commission for student teaching, practicum or internship as a teacher, administrator or personnel specialist, if the individual has not submitted to a criminal records check within the previous year with the Teacher Standards and Practices Commission for student teaching, practicum or internship as a teacher, administrator or personnel specialist.]

[(H) An individual who is a community college faculty member providing instruction at a kindergarten through grade 12 school site during the regular school day.]

[(I) An individual who is an employee of a public charter school.]

[(J) An individual who is applying for initial issuance of a registration as a public charter school teacher under ORS 342.125.]

[(e) “Subject individual” does not include an individual described in paragraph (d)(D), (E), (F), (H) or (I) of this subsection if the individual or the individual’s employer was checked in one school district or private school and is currently seeking to work in another district or private school unless the individual lived outside this state during the interval between the two periods of time of working in the district or private school.]

[(f) “Subject individual,” for purposes of requests made by the Oregon Military Department, means an individual who is applying for or is employed in a position in a job category for which a statewide and nationwide criminal records check is a job qualifier and in which personnel:]

[(A) Are assigned to the at-risk youth alternative education program;]

[(B) Are issued firearms and munitions;]

[(C) Have fiscal and purchasing responsibilities as their primary responsibilities; or]

[(D) Have regular access to restricted areas within a military installation.]

SECTION 5. ORS 181.541 is amended to read:

181.541. [(1) As used in this section, “subject individual” means] For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the State Treasurer may require the fingerprints of a person who [is being considered for employment by the State Treasurer or for appointment to a board or commission by the State Treasurer.]:

(1) Is employed or applying for employment by the State Treasurer;

(2) Provides services or seeks to provide services to the State Treasurer as a contractor, vendor or volunteer; or

(3) Has been appointed or is being considered for appointment to a board or commission by the State Treasurer.

[(2) Upon request of the State Treasurer, the Department of State Police shall furnish to the authorized staff of the State Treasurer such information on a subject individual as the department has in its possession from its central bureau of criminal identification, including but not limited to manual or computerized criminal offender information.]

[(3) After receiving the information provided under subsection (2) of this section, the State Treasurer may request the department to conduct a nationwide criminal records check, including fingerprint identification, through the Federal Bureau of Investigation. The department shall report the results to the State Treasurer.]

[(4) The Federal Bureau of Investigation shall either return or destroy the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints. If the federal bureau policy authorizing return or destruction of the fingerprint cards changes, the department shall stop sending the cards to the federal bureau but shall continue to process the information through other available resources.]

[(5) If the Federal Bureau of Investigation returns the fingerprint cards to the department, the department shall return the fingerprint cards to the State Treasurer. The State Treasurer shall destroy the fingerprint cards and may not retain a facsimile or other material from which a fingerprint can be reproduced.]

[(6) For purposes of receiving the information described in this section, the State Treasurer is a designated agency under ORS 181.010 to 181.560 and 181.715 to 181.730 and the rules adopted under ORS 181.555.]

SECTION 6. (1) For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Department of Public Safety Standards and Training may require the fingerprints of a person who:

(a) Is employed or applying for employment by the department;

(b) Provides services or seeks to provide services to the department as a contractor, vendor or volunteer; or

(c) Is applying for a license or certificate, or for reissuance of a license or certificate, that is issued by the department or is under investigation by the department.

(2) Section 2 (11) and (12) of this 2005 Act does not apply to the department when the department makes denial or revocation decisions regarding persons described in subsection (1)(c) of this section or ORS 181.880 or 703.090.

(3) The department and an employee of the department acting within the course and scope of employment are immune from any civil liability that might otherwise be incurred or imposed for making denial or revocation decisions regarding persons described in subsection (1)(c) of this section or ORS 181.880 or 703.090. The department, an employee of the department acting within the course and scope of employment and an employer or employer’s agent who in good faith comply with the requirements of ORS 181.662, 181.875 or 703.090, any rules adopted by the department and the decision of the department or employee of the department acting within the course and scope of employment are not liable for employment-related decisions based on decisions made under ORS 181.662, 181.875 or 703.090. The department or an employee of the department acting within the course and scope of employment is not liable for defamation or invasion of privacy in connection with the lawful dissemination of information lawfully obtained under section 2 of this 2005 Act.

SECTION 7. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the State Department of Energy may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the department; or

(b) Provides services or seeks to provide services to the department as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(a) In the Hanford nuclear safety program;

(b) In which the person conducts energy audits in schools, colleges, universities or medical facilities;

(c) In the budget and finance section of the department;

(d) That has personnel or human resources functions as one of the position’s primary responsibilities;

(e) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

(f) In which the person has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers or criminal background information; or

(g) In which the person has access to tax or financial information about individuals or business entities or processes tax credits.

SECTION 8. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Oregon State Fair and Exposition Center may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the center;

(b) Provides services or seeks to provide services to the center as a contractor or volunteer; or

(c) Is a licensee of the center or is applying for a license, or renewal of a license, that is issued by the center; and

(2) Is, or will be, working or providing services in a position:

(a) In which the person has direct access to persons under 18 years of age, elderly persons or persons with disabilities;

(b) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

(c) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for sales or distribution of tickets or other instruments that can be exchanged for goods, services or access to events on center grounds;

(d) In which the person has key access to buildings and grounds that contain private property belonging or entrusted to exhibitors, promoters, licensees and event coordinators;

(e) In which the person has access to personal information about employees, licensees or members of the public including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal background information; or

(f) In which the person provides security, design or construction services for government buildings, grounds or facilities.

SECTION 9. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Oregon Department of Administrative Services may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the department; or

(b) Provides services or seeks to provide services to the department as a contractor, vendor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(a) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

(b) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;

(c) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state;

(d) That has mailroom duties as the primary duty or job function of the position;

(e) In which the person has responsibility for auditing the department or other governmental agencies;

(f) That has personnel or human resources functions as one of the position’s primary responsibilities;

(g) In which the person has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal background information;

(h) In which the person has access to chemicals or hazardous materials, to facilities in which chemicals and hazardous materials are present or to information regarding the transportation of chemical or hazardous materials;

(i) In which the person has access to property to which access is restricted in order to protect the health or safety of the public;

(j) In which the person provides security, design or construction services for government buildings, grounds or facilities; or

(k) In which the person has access to critical infrastructure or security-sensitive facilities or information.

SECTION 10. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Department of Transportation may require the fingerprints of a person who is applying for a license, or renewal of a license, under ORS 319.040 or 319.621 or a person who:

(1)(a) Is employed or applying for employment by the department; or

(b) Provides services or seeks to provide services to the department as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(b) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state; or

(c) In which the person has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, personal financial information or criminal background information.

SECTION 11. ORS 181.880 is amended to read:

181.880. (1) A license or certificate issued by the Department of Public Safety Standards and Training under ORS 181.878 expires two years following the date of issuance or on the assigned renewal date.

(2) The department shall offer certificates or licenses to private security providers in levels and categories as established by the Board on Public Safety Standards and Training in consultation with the department.

(3) Upon receipt of an application for certification under ORS 181.876, the department shall forward a copy of the application and a complete set of the applicant’s fingerprints to the Department of State Police and request that the Department of State Police conduct a nationwide criminal records check of the applicant as provided in section 2 of this 2005 Act. Notwithstanding section 2 (5) and (6) of this 2005 Act, the Department of State Police shall maintain in the department’s files the fingerprint cards used to conduct the criminal records check.

[(4) Upon request of the department under subsections (1) to (3) of this section, the Department of State Police shall conduct nationwide criminal records checks through the Federal Bureau of Investigation of an applicant for certification as a private security officer, including the applicant’s fingerprints, and shall report the results to the department.]

SECTION 12. ORS 273.183 is amended to read:

273.183. [(1) As used in this section, “subject individual” means a person who is being considered:]

[(a) For employment by the Department of State Lands;]

[(b) For a volunteer position with the department; or]

[(c) For appointment to a board or commission by the department.]

[(2) Upon request of the Department of State Lands, the Department of State Police shall furnish to the authorized staff of the Department of State Lands such information on a subject individual as the Department of State Police has in its possession from its central bureau of criminal identification, including but not limited to manual or computerized criminal offender information.]

[(3) After receiving the information provided under subsection (2) of this section, the Department of State Lands may request the Department of State Police to conduct a nationwide criminal records check, including fingerprint identification, through the Federal Bureau of Investigation. The Department of State Police shall report the results to the Department of State Lands.]

[(4) The Federal Bureau of Investigation shall either return or destroy the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints. If the federal bureau policy authorizing return or destruction of the fingerprint cards changes, the Department of State Police shall stop sending the cards to the federal bureau but shall continue to process the information through other available resources.]

[(5) If the Federal Bureau of Investigation returns the fingerprint cards to the Department of State Police, the Department of State Police shall return the fingerprint cards to the Department of State Lands. The Department of State Lands shall destroy the fingerprint cards and may not retain a facsimile or other material from which a fingerprint can be reproduced.]

[(6) For purposes of receiving the information described in this section, the Department of State Lands is a designated agency under ORS 181.010 to 181.560 and 181.715 to 181.730 and the rules adopted under ORS 181.555.]

For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Department of State Lands may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the department; or

(b) Provides services or seeks to provide services to the department as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(a) In which the person has direct access to persons under 18 years of age, elderly persons or persons with disabilities;

(c) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;

(d) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state;

(e) In which the person has responsibility for auditing unclaimed property;

(f) In which the person has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, personal financial information or criminal background information;

(g) In which the person has access to tax or financial information of individuals or business entities;

(h) That involves the use, possession, issuance, transport, purchase, sale or forfeiture of firearms or munitions, access to firearms or munitions or the training of others in the use or handling of firearms; or

(i) In which the person provides security, design or construction services for government buildings, grounds or facilities.

SECTION 13. ORS 326.603 is amended to read:

326.603. (1)(a) A school district shall send to the Department of Education for purposes of a criminal records check any information, including fingerprints, for each [subject individual] person described in ORS 181.539 [(5)(d)(D), (E), (F), (H) or (I)] (1)(d), (e), (f), (h) or (i).

(b) A private school may send to the Department of Education for purposes of a criminal records check any information, including fingerprints, for each [subject individual] person described in ORS 181.539 [(5)(d)(D), (E), (F) or (H)] (1)(d), (e), (f) or (h).

(2) The Department of Education shall request [criminal offender information from] that the Department of State Police [in the manner required by ORS 181.539 and shall charge the district or private school a fee of $42 for the cost of acquiring and furnishing the information described in ORS 181.525 and 181.539] conduct a criminal records check as provided in section 2 of this 2005 Act and may charge the district or private school a fee as established by rule under section 2 of this 2005 Act. The school district or private school may recover its costs or a portion thereof from the [subject individual] person described in ORS 181.539 [(5)(d)(D), (E), (F), (H) or (I)] (1)(d), (e), (f), (h) or (i). If the [subject individual] person described in ORS 181.539 [(5)(d)(E), (F) or (I)] (1)(e), (f) or (i) requests, the district shall and a private school may withhold the amount from amounts otherwise due the [individual] person, including a periodic payroll deduction rather than a lump sum payment.

(3)(a) If the Superintendent of Public Instruction informs the school district that the [subject individual] person has been convicted of a crime listed in ORS 342.143 or has made a false statement as to the conviction of a crime, the superintendent shall notify the school district of the fact and the district shall not employ or contract with the [individual] person. Notification by the superintendent that the school district shall not employ or contract with the [subject individual] person shall remove the [individual] person from any school district policies, collective bargaining provisions regarding dismissal procedures and appeals and the provisions of ORS 342.805 to 342.937.

(b) The Superintendent of Public Instruction shall notify the private school if the [subject individual] person has been convicted of a crime listed in ORS 342.143 or has made a false statement as to the conviction of a crime. Based on the notice, the private school may choose not to employ or contract with the [individual] person.

[(c) The criminal records are confidential and shall not be released to the district or private school but are subject to inspection by the subject individual. The subject individual, other than a subject individual in a private school, may appeal the determination as a contested case under ORS 183.413 to 183.470 and the superintendent shall notify the subject individual of the right to appeal the determination.]

(4) If [an individual] a person described in subsection (1) of this section refuses to consent to the criminal records check or refuses to be fingerprinted or if the [subject individual] person falsely swears to the nonconviction of a crime, the district shall terminate the employment or contract status of the [individual] person. Termination under this subsection [shall remove the individual] removes the person from any school district policies, collective bargaining provisions regarding dismissal procedures and appeals and the provisions of ORS 342.805 to 342.937.

[(5) The State Board of Education by rule shall specify the information to be required by subsection (1) of this section.]

[(6)(a)] (5) A school district [shall] may not hire or continue to employ or contract with or allow the contractor to continue to assign [an individual] a person to the school project if the [individual] person described in subsection (1) of this section has been convicted of a crime according to the provisions of ORS 342.143.

[(b) School district employment and contract forms shall contain a notice that employment or contracting is subject to fingerprinting and a criminal records check as required by ORS 181.525, 181.537, 181.539, 326.603, 342.223, 342.227 and 342.232.]

[(7)] (6) As used in this section and ORS 326.607:

(a) “Private school” means a school that provides educational services as defined in ORS 345.505 and is registered as a private school under ORS 345.505 to 345.575.

(b) “School district” means:

(A) A school district as defined in ORS 330.003.

(B) The Oregon State School for the Blind.

(D) An educational program under the Youth Corrections Education Program.

(E) A public charter school as defined in ORS 338.005.

(F) An education service district.

SECTION 14. ORS 326.607 is amended to read:

326.607. (1) Upon request from a school district, a private school or a public charter school or a school district, private school or public charter school contractor and with consent from the individual, the Department of Education may conduct an Oregon criminal [history] records check using the Law Enforcement Data System for screening [any] an individual who is a volunteer for the school district, private school or public charter school and who has direct, unsupervised contact with school children, or for screening applicants for employment.

(2) The department may charge the requesting school district, private school, public charter school or school district, private school or public charter school contractor a fee not to exceed $5 for each request under subsection (1) of this section.

SECTION 15. ORS 336.631 is amended to read:

336.631. (1) Prior to contracting with or distributing any public funds to a private alternative education program, a district school board shall:

(a) Annually approve the private alternative education program;

(b) Determine that the private alternative education program is registered with the Department of Education; and

(c) Determine that the private alternative education program complies with the requirements of subsection (2) of this section and ORS 336.625 (3)(c).

(2) The following laws [shall] apply to private alternative education programs that are registered with the Department of Education under ORS 336.635 in the same manner as the laws apply to school districts and public schools:

(a) Federal law;

(b) ORS 181.539, 326.603, 326.607 and 342.232 and section 2 of this 2005 Act (criminal records checks);

(d) ORS 659.850 and 659.855 (discrimination);

(e) Health and safety statutes and rules; and

(f) Any statute, rule or school district policy that is specified in a contract between the school district board and the private alternative education program.

(3) Prior to placement of a student in a private alternative education program, the resident district shall determine whether the proposed placement best serves the student’s educational needs and interests and assists the student in achieving the district and state academic standards.

(4) Contracts between a school district and a private alternative education program shall be included in the assessment of effectiveness provided for in ORS 329.085.

SECTION 16. ORS 338.115 is amended to read:

338.115. (1) Statutes and rules that apply to school district boards, school districts or other public schools [shall] do not apply to public charter schools. However, the following laws [shall] do apply to public charter schools:

(a) Federal law;

(b) ORS 192.410 to 192.505 (public records law);

(d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);

(e) ORS 181.539, 326.603, 326.607 and 342.232 and section 2 of this 2005 Act (criminal records checks);

(f) ORS 337.150 (textbooks);

(g) ORS 339.141, 339.147 and 339.155 (tuition and fees);

(h) ORS 659.850 and 659.855 (discrimination);

(i) ORS 30.260 to 30.300 (tort claims);

(j) Health and safety statutes and rules;

(k) Any statute or rule that is listed in the charter;

(L) The statewide assessment system developed by the Department of Education for mathematics, science and English under ORS 329.485 (1);

(m) ORS 329.045 (academic content standards and instruction);

(n) Any statute or rule that establishes requirements for instructional time provided by a school during each day or during a year;

(o) ORS 339.250 (12) (prohibition on infliction of corporal punishment); and

(p) This chapter.

(2) Notwithstanding subsection (1) of this section, a charter may specify that statutes and rules that apply to school district boards, school districts and other public schools may apply to a public charter school.

(3) If a statute or rule applies to a public charter school, then the terms “school district” and “public school” [shall] include public charter school as those terms are used in that statute or rule.

(4) A public charter school shall not violate the Establishment Clause of the First Amendment to the United States Constitution or section 5, Article I of the Oregon Constitution, or be religion based.

(5) A public charter school shall maintain an active enrollment of at least 25 students.

(6) A public charter school may sue or be sued as a separate legal entity.

(7) The sponsor, members of the governing board of the sponsor acting in their official [capacity] capacities and employees of a sponsor acting in their official [capacity] capacities are immune from civil liability with respect to all activities related to a public charter school within the scope of their duties or employment.

(8) A public charter school may enter into contracts and may lease facilities and services from a school district, education service district, state institution of higher education, other governmental unit or any person or legal entity.

(9) A public charter school may not levy taxes or issue bonds under which the public incurs liability.

(10) A public charter school may receive and accept gifts, grants and donations from any source for expenditure to carry out the lawful functions of the school.

(11) The school district in which the public charter school is located shall offer a high school diploma, certificate, Certificate of Initial Mastery or Certificate of Advanced Mastery to any public charter school student who meets the district’s and state’s standards for a high school diploma, certificate, Certificate of Initial Mastery or Certificate of Advanced Mastery. If the school district offers a Certificate of Initial Mastery subject area endorsement to students who attend school in the district, then the school district shall offer the endorsement to any public charter school student who meets the district’s and state’s standards for the endorsement.

(12) A high school diploma, certificate, Certificate of Initial Mastery, Certificate of Initial Mastery subject area endorsement or Certificate of Advanced Mastery issued by a public charter school [shall grant] grants to the holder the same rights and privileges as a high school diploma, certificate, Certificate of Initial Mastery, Certificate of Initial Mastery subject area endorsement or Certificate of Advanced Mastery issued by a nonchartered public school.

(13) Prior to beginning operation, the public charter school shall show proof of insurance to the sponsor as specified in the charter.

(14) A public charter school may receive services from an education service district in the same manner as a nonchartered public school in the school district in which the public charter school is located.

SECTION 17. ORS 342.125 is amended to read:

342.125. (1) Teaching licenses shall be issued and renewed by the Teacher Standards and Practices Commission by the authority of the State of Oregon, subject to ORS 342.120 to 342.430 and the rules of the commission.

(2) Subject to subsection (4) of this section, teaching licenses shall be of the following types:

(a) Basic teaching license.

(b) Standard teaching license.

(d) Restricted teaching license.

(3) Subject to ORS 342.130 and to subsection (4) of this section and in addition to the teaching licenses described in subsection (2) of this section, licenses shall be of the following types:

(a) Initial teaching license.

(b) Continuing teaching license.

(d) Continuing personnel service license.

(e) Initial administrative license.

(f) Continuing administrative license.

(4) The Teacher Standards and Practices Commission may establish [such] other types of teaching licenses as it considers necessary for operation of the public schools of the state and may prescribe the qualifications for [such] the licenses. However, no license established under the authority of this subsection [shall be] is required for a regular classroom teaching position in the public schools.

(5)(a) The Teacher Standards and Practices Commission shall establish a public charter school teacher registry. The commission shall require the applicant and the public charter school to jointly submit an application requesting registration as a public charter school teacher. The application shall include:

(A) A description of the specific teaching position the applicant will fill;

(B) A description of the background of the applicant that is relevant to the teaching position, including any post-secondary education or other experience; and

(C) Documentation as required by the commission for the purposes of conducting a [background check through the Law Enforcement Data System, the Federal Bureau of Investigation] criminal records check as provided in section 2 of this 2005 Act and a background check through an interstate clearinghouse of revoked and suspended licenses.

(b) Subject to the results of the criminal records check and background check, the commission shall approve the application for registration. The commission may deny a request for registration only on the basis of the criminal records check or the background check through [the Law Enforcement Data System, the Federal Bureau of Investigation or] an interstate clearinghouse of revoked and suspended licenses. The registration [shall be] is valid for three years and may be renewed upon joint application from the teacher and the public charter school.

(c) A registration as a public charter school teacher [shall qualify] qualifies its holder to accept the teaching position described in the application in the public charter school that submitted the application with the holder of the registration.

(6) The Teacher Standards and Practices Commission shall adopt an expedited process for the issuance of any license established pursuant to this section. The process may require a school district superintendent or school district board and the applicant to jointly submit an application requesting an emergency license. Within two working days after receiving a completed application the commission shall issue the emergency license. However, the commission may limit the number of applications for expedited service from a school district or education service district to not more than 100 applications in a period of two working days. For purposes of this subsection, the commission [shall] may not distinguish between a school district or education service district involved in a labor dispute and any other school district or education service district.

SECTION 18. ORS 342.127 is amended to read:

342.127. (1) The Teacher Standards and Practices Commission shall establish and the commission shall collect:

(a) A fee not to exceed $100 for evaluation of the initial application for each teaching license for which application is made. If the applicant is eligible for the teaching license for which application is made and the license is issued within 90 days of original application, the commission shall issue the license without additional charge.

(b) A fee not to exceed $100 for the renewal of each teaching license and a fee not to exceed $20 for each duplicate teaching license.

(c) A fee not to exceed $800 for a beginning teacher assessment conducted in lieu of an approved preparation program required for licensure.

(d) A fee not to exceed $200 for alternative assessment conducted in lieu of a passing score on a licensure examination established by the commission.

(e) A fee not to exceed [$50] $75 for registration as a public charter school teacher that includes any fee charged pursuant to ORS 342.223 or rules adopted under section 2 of this 2005 Act.

(f) A fee not to exceed [$50] $75 for renewal of a registration as a public charter school teacher that includes any fee charged pursuant to ORS 342.223 or rules adopted under section 2 of this 2005 Act.

(2) In addition to the fee required by subsection (1) of this section for the issuance of a teaching license, the Teacher Standards and Practices Commission shall collect a fee not to exceed $150 for the evaluation of an applicant requesting licensing based upon completion of other than an Oregon approved teacher education program.

(3) In addition to the fees required by subsection (1) of this section, the Teacher Standards and Practices Commission shall collect a late application fee not to exceed $25 per month up to a maximum of $125 from an applicant who fails to make timely application for renewal of the license or registration. The actual amount of the fee shall be determined in accordance with rules of the Teacher Standards and Practices Commission.

(4) In spite of the expiration date posted on the license, the license shall continue to be valid for purposes of ORS 342.173 for an additional 120 days. However, the district may require a statement from the applicant indicating that the applicant has completed the requirements for license renewal.

(5) In addition to the fee required by subsection (1) of this section for the issuance of a teaching license, the commission shall collect a fee not to exceed $150 for the reinstatement of a license that has been revoked by the commission for gross neglect of duty or gross unfitness under ORS 342.175.

(6) In addition to the fee required by subsection (1) of this section for the issuance of a teaching license, the commission shall collect a fee not to exceed $100 for the issuance of any emergency license through an expedited process at the request of any school district or education service district that seeks to employ the applicant.

(7) Fee rates established under this section shall cover, but not exceed, the full cost of administrative expenses incurred by the commission during any biennium.

SECTION 19. ORS 342.223 is amended to read:

342.223. (1) The Teacher Standards and Practices Commission may charge a [subject individual, as defined] person described in ORS 181.539 [(5)(d)(A) to (C), (G) and (J),] (1)(a) to (c), (g) or (j) a fee not to exceed [$42 for the] the full cost of acquiring and furnishing the information described in ORS 181.525 [and 181.539] and section 2 of this 2005 Act.

(2) [A refusal to consent to the criminal records check described in ORS 181.525 and 181.539 or a refusal to be fingerprinted upon request of the commission or] The making of any false statement as to the conviction of a crime [shall be] is grounds for refusal to issue, renew or reinstate a license, certificate or registration and is in addition to the grounds stated in ORS 342.143. [The criminal record is confidential and shall be available only to the subject individual.]

(3) [The subject individual] A person may appeal the refusal to issue an initial license, certificate or registration under this section as a contested case under ORS 183.413 to 183.470, but the refusal to renew or reinstate a license or registration is subject to ORS 342.175 to 342.180, and the commission shall notify the [subject individual] person of the right to appeal.

SECTION 20. ORS 342.232 is amended to read:

342.232. (1) A school district, education service district, private school or public charter school may authorize [an individual] a person described under ORS 181.539 [(5)(d)(D), (H) or (I)] (1)(d), (h) or (i) to begin carrying out the terms of a contract pending the return of the criminal records check by the Federal Bureau of Investigation.

(2) A school district, education service district, private school or public charter school may hire on a probationary basis [an individual] a person described under ORS 181.539 [(5)(d)(E) or (I)] (1)(e) or (i) pending the return of the criminal records check by the Federal Bureau of Investigation.

SECTION 21. ORS 396.332 is amended to read:

396.332. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Oregon Military Department may [request from the Department of State Police criminal offender information on subject individuals, as defined in ORS 181.539 (5)(f).] require the fingerprints of a person who is applying for or is employed in a position in a job category for which a state or nationwide criminal records check is a job qualifier and in which personnel:

(1) Are assigned to the at-risk youth alternative education program;

(2) Are issued firearms and munitions;

(3) Have fiscal and purchasing responsibilities as their primary responsibilities; or

(4) Have regular access to restricted areas within a military installation.

SECTION 22. ORS 417.815 is amended to read:

417.815. (1) The Office of Children’s Advocate shall be accessible to the public through the state toll-free telephone line maintained pursuant to ORS 417.805 and through other electronic and written forms of communication. The office shall:

(a) Disseminate information and educate the public about the detection and prevention of child abuse and about the prosecution of persons accused of child abuse;

(b) Cooperate with other units within the Department of Human Services and law enforcement officials in performing duties under ORS 418.747 to 418.749 and 419B.005 to 419B.050 when the investigation involves alleged child abuse;

(c) Provide technical assistance in the development and implementation of state and local programs that relate to child abuse;

(d) In cooperation with the department, objectively review the department’s systems for handling child abuse cases; and

(e) Analyze data collected by the office to discern general patterns and trends, chronic problems and other systemic difficulties in the detection, reporting, investigation, prosecution and resolution of cases of child abuse.

(2) In addition to the duties required under subsection (1) of this section, the office shall:

(a) Review any complaint regarding the department’s involvement in a specific child abuse case, unless the office determines there is an adequate remedy for the complaint;

(b) Make any appropriate referrals of the complaint or complainant at the time the office receives the complaint or during the office’s review process;

(d) Inform the department of the office’s intention to review the department’s action, unless the office determines that advance notice will unduly hinder the review; and

(e) Conduct a review of the department’s action when appropriate, and inform the department of the results of the review, including any recommendation the Children’s Advocate believes would resolve any case or any systemic issues identified in the review.

(3) If the office has knowledge of confidential information relating to a child involved or allegedly involved in child abuse, the office shall keep the information confidential from public disclosure. However, the office is subject to legal mandates in ORS 418.747 to 418.749 and 419B.005 to 419B.050.

(4) A person who files a complaint under this section or ORS 417.805 or participates in any investigation under this section may not be, because of that action:

(a) Subject to any penalties, sanctions or restrictions imposed by the department;

(b) Subject to any penalties, sanctions or restrictions connected with the person’s employment; or

[(5) If deemed necessary by the Children’s Advocate for the purposes of carrying out the duties of the office, the office may conduct criminal records checks on subject individuals pursuant to ORS 181.537 through the Law Enforcement Data System maintained by the Department of State Police or through a qualified vendor.]

(5) If deemed necessary by the Children’s Advocate for the purposes of carrying out the duties of the office, the office may conduct criminal records checks pursuant to ORS 181.537 on a person through the Law Enforcement Data System maintained by the Department of State Police.

SECTION 23. ORS 418.016 is amended to read:

418.016. (1) To protect the health and safety of children who are in the custody of the Department of Human Services and who may be placed in a foster home or adoptive home or with a relative caregiver, the department shall adopt rules pursuant to [ORS 181.537 and] ORS chapter 418 and section 2 of this 2005 Act to require that criminal records checks be conducted under section 2 of this 2005 Act on:

(a) All persons who seek to be foster parents, adoptive parents or relative caregivers; and

(b) Other individuals over 18 years of age who will be in the household of the foster parent, adoptive parent or relative caregiver.

(2) Rules adopted under subsection (1) of this section shall include:

(a) A list of crimes for which a conviction disqualifies a person from becoming a foster parent, adoptive parent or relative caregiver;

(b) A requirement that persons who have been convicted of crimes listed in the rules are disqualified from becoming a foster parent, adoptive parent or relative caregiver; and

(c) A provision that the department may approve a person who has been convicted of certain crimes listed in the rules if the person demonstrates to the department that:

(A) The person possesses the qualifications to be a foster parent or adoptive parent regardless of having been convicted of a listed crime; or

(B) The disqualification would create emotional harm to the child for whom the person is seeking to become a foster parent, adoptive parent or relative caregiver and placement of the child with the person would be a safe placement that is in the best interests of the child.

(3) In accordance with 42 U.S.C. 671(a)(20)(B), the Legislative Assembly elects to make the provisions related to criminal records checks set forth in 42 U.S.C. 671(a)(20)(A) inapplicable to this state.

SECTION 24. ORS 443.735 is amended to read:

443.735. (1) Applications for a license to maintain and operate an adult foster home shall be made on forms provided by the Department of Human Services. Each application shall be accompanied by a fee of $20 per bed requested for [license] licensing.

(2) Upon receipt of an application and fee, the department shall conduct an investigation.

(3) The department shall not issue an initial license unless:

(a) The applicant and adult foster home are in compliance with ORS 443.705 to 443.825 and the rules of the department;

(b) The department has completed an inspection of the adult foster home;

(c) The department has completed a criminal records check under section 2 of this 2005 Act on the applicant and any person, other than a resident, 16 years of age or older who will be residing in the adult foster home. The criminal records check shall be conducted in accordance with rules adopted under [ORS 181.537] section 2 of this 2005 Act;

(d) The department has checked the record of sanctions available, including the list of nursing assistants who have been found responsible for abuse and whose names have been added to the registry under ORS 441.678; and

(e) The applicant has demonstrated to the department the financial ability and resources necessary to operate the adult foster home. The department shall adopt rules as the department deems appropriate that establish the financial standards an applicant must meet to qualify for issuance of a license and that protect financial information from public disclosure. The demonstration of financial ability under this paragraph shall include, but need not be limited to, providing the department with a list of any unsatisfied judgments, pending litigation and unpaid taxes and notifying the department regarding whether the applicant is in bankruptcy. If the applicant is unable to demonstrate the financial ability and resources required by this paragraph, the department may require the applicant to furnish a financial guarantee as a condition of initial licensure.

(4) The department [shall] may not renew a license under this section unless:

(a) The applicant and the adult foster home are in compliance with ORS 443.705 to 443.825 and the rules of the department;

(b) The department has completed an inspection of the adult foster home;

(c) The department has completed a criminal records check under section 2 of this 2005 Act on the applicant and any person, other than a resident, 16 years of age or older who will be residing in the adult foster home. The criminal records check under this paragraph shall be conducted in accordance with rules adopted under [ORS 181.537] section 2 of this 2005 Act; and

(5)(a) In seeking an initial license and renewal of a license when an adult foster home has been licensed for less than 24 months, the burden of proof shall be upon the provider and the adult foster home to establish compliance with ORS 443.705 to 443.825 and the rules of the department.

(b) In proceedings for renewal of a license when an adult foster home has been licensed for at least 24 continuous months, the burden of proof shall be upon the department to establish noncompliance with ORS 443.705 to 443.825 and the rules of the department.

(6)(a) Persons who have been convicted of one or more crimes that, as determined by rules of the department, are substantially related to the qualifications, functions or duties of a provider, resident manager, substitute caregiver or other household member of an adult foster home shall be prohibited from operating, working in or residing in an adult foster home.

(b) The department shall adopt rules that distinguish the criminal convictions and types of abuse that permanently prohibit a person from operating, working in or living in an adult foster home from the convictions and types of abuse that do not permanently prohibit the person from operating, working in or living in an adult foster home.

(c) A provider may not hire, retain in employment or allow to live in an adult foster home, other than as a resident, any person who the provider knows has been convicted of a disqualifying crime or has been found responsible for a disqualifying type of abuse.

(7) A license under ORS 443.725 is effective for one year from the date of issue unless sooner revoked. Each license shall state the name of the resident manager of the adult foster home, the names of all providers who own the adult foster home, the address of the premises to which the license applies, the maximum number of residents and the classification of the home. If, during the period covered by the license, a resident manager changes, the provider must within 15 days request modification of the license. The request must be accompanied by a fee of $10.

(8) No license under ORS 443.725 is transferable or applicable to any location, persons operating the adult foster home or the person owning the adult foster home other than that indicated on the application for licensing.

(9) The department shall not issue a license to operate an additional adult foster home to a provider unless the provider has demonstrated the qualifications and capacity to operate the provider’s existing licensed home or homes and has demonstrated the ability to provide care to the residents of those homes that is adequate and substantially free from abuse and neglect.

(10) All moneys collected under ORS 443.725 to 443.780 shall be deposited in a special account in the General Fund, and are appropriated continuously for payment of expenses incurred by the Department of Human Services.

(11) Notwithstanding any other provision of this section or ORS 443.725 or 443.738, the department may issue a 60-day provisional license to a qualified person if the department determines that an emergency situation exists after being notified that the licensed provider of an adult foster home is no longer overseeing operation of the adult foster home.

SECTION 25. ORS 462.020 is amended to read:

462.020. (1) [No] A person [shall] may not hold [any] a race meet without having first obtained and having in full force and effect a license therefor issued by the Oregon Racing Commission.

(2) [No] A trainer, driver, jockey, apprentice jockey, horse owner, dog owner, exercise person, agent, authorized agent, jockey’s agent, stable foreman, groom, valet, veterinarian, horseshoer, steward, stable guard, starter, timer, judge or other person acting as a participant or official at any race meet, including all employees of the pari-mutuel department, [shall] may not participate in race meets without having first obtained and having in full force and effect a license issued by the commission, pursuant to such rules as the commission shall make. The commission by rule may require other employees of a race meet licensee who are engaged in or performing duties at the race course to obtain a license issued by the commission prior to engaging or performing such duties. The commission by rule may also require persons, including corporations, who are not employees of a race meet licensee, but who are authorized to do business at the race course, to obtain a license issued by the commission prior to conducting such business.

(3) [No] A person [shall] may not operate a public training track or public kennel for greyhounds participating in a race meet without having first obtained and having in full force and effect a license issued by the commission.

(4) The commission may require each applicant for a license to be photographed and shall require each applicant to be fingerprinted as part of the licensing procedure for the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act. [If a nationwide criminal records check is necessary, the commission shall request the Department of State Police to conduct the check, including fingerprint identification, through the Federal Bureau of Investigation. The Federal Bureau of Investigation shall return or destroy the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints. If the policy of the federal bureau authorizing return or destruction of the fingerprint cards is changed, the department shall cease sending the cards to the federal bureau but shall continue to process the information through other available resources. If the federal bureau returns the fingerprint cards to the department, the department shall return the fingerprint cards to the commission. Upon receiving the fingerprint cards under this subsection, the commission shall destroy the fingerprint cards and may not retain facsimiles or other material from which a fingerprint can be reproduced. The Department of State Police shall report the results of the fingerprint-based criminal records check to the commission. The commission shall designate staff specifically authorized to receive the information obtained under this section. The Department of State Police shall also furnish the commission with any information about the applicant that the Department of State Police may have in its possession from its central bureau of criminal identification including, but not limited to, manual or computerized criminal offender information. The commission may establish an appropriate fee for the criminal records check not to exceed the costs of conducting the criminal records check through the Department of State Police and the Federal Bureau of Investigation.]

(5) Each person holding a license under this chapter shall comply with all rules and orders of the commission.

(6) Notwithstanding the requirements of subsection (2) of this section, the commission, upon receipt of a written application for a license on forms provided by the commission, may in its sound discretion issue a temporary license valid for a period not to exceed 10 days pending final approval or disapproval of the written application for a license.

SECTION 26. ORS 464.250 is amended to read:

464.250. (1) The Department of Justice [shall have] has the following powers and duties relating to the regulation of bingo, lotto or raffle games or Monte Carlo events:

(a) To authorize and regulate the operation of bingo, lotto and raffle games and Monte Carlo events permitted under ORS 167.117 and to adopt rules in accordance with applicable provisions of ORS chapter 183 for the performance of the department’s duties.

(b) To issue and renew licenses and permits for operation of bingo, lotto and raffle games and Monte Carlo events, including the manufacturers and suppliers of equipment and supplies necessary for the operation of such activities and escrow agents holding money or property to be awarded as a prize, and to adopt license and permit fees. Licenses and permits [shall be] are valid for a period of one year unless renewed. The department shall set fees at an amount sufficient to cover all costs incurred by the department in its activities. License fees [shall] consist of an initial payment, which shall be in an amount established by rule, prior to issuance or renewal of the license, together with a monthly payment constituting a percentage of the licensee’s monthly gross income from the operation each month thereafter. An applicant for a license or a permit shall submit with the application a sum adequate to pay the required initial fee payment. If the application is later withdrawn by the applicant or if it is denied by the department, the department shall retain [such] the portion of the amount submitted to it [as] that will pay the reasonable costs expended for processing and investigating the application. In a particular case, if the fee adopted by the department is less than the actual expenses of the department to investigate that particular application, the department may charge to that particular applicant an additional fee to repay the department for those costs. The department may refuse to proceed with its investigation or to issue a license until the department has been fully paid for those costs. The department shall create at least two classes of licenses for each activity regulated under this section. The licensing and operational requirements for licensees and the extent to which background checks are conducted under paragraph (d)(B) of this subsection shall be commensurate with the size of the licensee’s bingo, lotto, raffle or Monte Carlo event operations. The department shall adopt rules exempting from licensing any organization that would otherwise qualify for a license and that is engaged in minimal bingo, lotto or Monte Carlo event activity.

(d) To adopt requirements as to what information an applicant must provide to the department. However, each license applicant must provide, and the department shall require, the names and addresses of all persons having a management or ownership interest in the bingo, lotto, raffle or Monte Carlo event operation or in the premises on which the operation is conducted and the names and addresses of all officers and directors of the applicant organization. The department shall also require the names and addresses of all persons employed in bingo, lotto, raffle or Monte Carlo event operations. The following apply to applications under this paragraph:

(A) An applicant shall certify, under oath, that the persons named on the application are all of the persons known by the applicant to have an interest in the bingo, lotto, raffle or Monte Carlo event operation or the premises on which the operation is conducted including all officers and directors of the applicant organization.

(B) The department may require fingerprints, a photograph, a handwriting sample and background checks, including state and nationwide criminal records checks under section 2 of this 2005 Act, on any person seeking a license from it or any person holding an interest in any bingo, lotto, raffle or Monte Carlo event operation or in the premises on which it is conducted. The department may also require fingerprints or background checks, including state and nationwide criminal records checks under section 2 of this 2005 Act, of any manager or other employee of such a bingo, lotto, raffle or Monte Carlo event operation.

(e) To adopt record keeping requirements for licensees of the department and the submission of reports to the department as the department determines necessary. The department may require licensees to record and report income from bingo, lotto, raffle, Monte Carlo events, concessions and other related operations, the amounts received from each player, the costs and expenses of operations, the nature and value of prizes and the fact of distribution of such prizes to the winners thereof. The department may adopt internal financial and inventory control requirements under this paragraph that are based on and commensurate with the size of a licensee’s bingo, lotto, raffle or Monte Carlo event operations.

(f) To regulate and establish maximum limits on income derived by licensees from bingo, lotto, raffles or Monte Carlo events. However, in establishing limits, the department shall take into account:

(A) The nature, character and scope of the activities of the licensee;

(B) The sources of other income to the licensee; and

(C) The percentage or extent to which income derived from bingo, lotto, raffles or Monte Carlo events is used for charitable purposes, as distinguished from nonprofit purposes other than charity.

(g) To regulate the manner of operation of bingo, lotto and raffle games and Monte Carlo events conducted by licensees, including the approval of which games may be played and the equipment to be used. The department shall regulate the types of equipment, rules and methods of play to ensure the integrity and fairness of the games.

(h) To cooperate with state and local law enforcement agencies in investigating matters within the scope of the department’s duties and responsibilities.

(i) To establish maximum limits on compensation paid to persons employed by charitable, fraternal or religious licensees, for the purpose of conducting licensed games, not to exceed 200 percent of the federal minimum wage standard, or in the case of a person who supervises a bingo, lotto, raffle or Monte Carlo event operation for a charitable, fraternal or religious organization and is subject to the limitations of ORS 464.340, 300 percent of the federal minimum wage standard, and to establish maximum limits for other expenses connected with such operations. In establishing these limits, the department shall consider the amount of income received, or expected to be received, by the organization from the bingo, lotto, raffle, Monte Carlo events, concessions and other related operations and the amount of money the operation could generate for the organization’s purposes absent such expenses. The department may also take into account other factors, including but not limited to whether charitable purposes are benefited by the activities.

(2) The department may not require persons working as volunteers in a bingo, lotto, raffle or Monte Carlo event operation conducted by a bona fide charitable, fraternal or religious organization to obtain permits for such work if the persons do not receive compensation of any kind from the organization other than reimbursement for actual or reasonable expenses, or have any managerial or supervisory responsibility in connection with it. The department may require that bingo, lotto, raffle and Monte Carlo event operators employing unlicensed volunteers submit to the department periodically the names, addresses and dates of birth of the volunteers. The department may adopt reasonable character standards for volunteers, and if a volunteer does not meet the standards, the department may require that the licensee not allow the volunteer to work for the licensee.

(3) Subject to ORS 167.118, the department by rule may establish value limits for prizes awarded at bingo, lotto or raffle games or Monte Carlo events and may regulate or prohibit the giving to patrons of any other thing of value to promote attendance at the games.

(4) The department by rule may establish a maximum amount that a person may wager at a Monte Carlo event.

SECTION 27. ORS 471.695 is amended to read:

471.695. (1) The Oregon Liquor Control Commission may require each applicant for a full or limited on-premises sales license to submit to fingerprinting. If the applicant is a corporation, the fingerprints of each officer, director and major stockholder of the corporation may be required by the commission. Prior to approving any change in officers, directors or major stockholders, the commission may require the fingerprints of the new officials.

(2) The commission shall require that all employees of the commission who work in the licensing or enforcement divisions or who have access to criminal background information be fingerprinted.

(3) Fingerprints acquired under this section may be used for the purpose of requesting state or nationwide criminal records checks under section 2 of this 2005 Act. [submitted to appropriate law enforcement agencies for checking to determine any unlawful activities of the licensee, applicant or employee. If a nationwide criminal records check is necessary, the commission shall request the Department of State Police to conduct the check, including fingerprint identification, through the Federal Bureau of Investigation. The Federal Bureau of Investigation shall return or destroy the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints. If the policy of the federal bureau authorizing return or destruction of the fingerprint cards is changed, the department shall cease sending the cards to the federal bureau but shall continue to process the information through other available resources. If the federal bureau returns the fingerprint cards to the department, the department shall return the fingerprint cards to the commission. Upon receiving the fingerprint cards under this subsection, the commission shall destroy the fingerprint cards and may not retain facsimiles or other material from which a fingerprint can be reproduced. The Department of State Police shall report the results of the fingerprint-based criminal records check to the commission. The commission shall designate staff specifically authorized to receive the information obtained under this section. The Department of State Police shall also furnish the commission with any information about the licensee, applicant or employee that the Department of State Police may have in its possession from its central bureau of criminal identification including, but not limited to, manual or computerized criminal offender information. The commission may establish an appropriate fee for the criminal records check not to exceed the costs of conducting the criminal records check through the Department of State Police and the Federal Bureau of Investigation.]

(4) As used in this section, “major stockholder” means any person who owns, directly or indirectly, more than 10 percent of any class of any equity security of the corporation.

SECTION 28. ORS 480.235 is amended to read:

480.235. (1) A certificate of possession shall be issued or denied within 45 days after the date of the application or the conclusion of the investigation conducted by the issuing authority pursuant to subsection (2) of this section.

(2) The issuing authority shall conduct an investigation to ensure that the applicant meets the requirements listed in ORS 480.225 and 480.230. The issuing authority shall include fingerprinting and photographic identification in the investigation. The issuing authority may [submit the fingerprint cards to the Federal Bureau of Investigation for the purpose of a nationwide criminal records check] use fingerprints obtained under this subsection for the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act. Unless the issuing authority finds that the applicant is ineligible under ORS 480.225 or 480.230, the authority shall issue a certificate of possession to the applicant. If the issuing authority finds that the applicant is ineligible under ORS 480.225 or 480.230, the authority shall issue a notification of denial. The denial [shall be] is subject to the provisions of ORS 480.275.

(3) A certificate of possession is valid for three years from the date of issuance unless suspended or revoked pursuant to ORS 480.270.

(4) A certificate of possession may not be assigned or transferred.

(5) The holder of a certificate of possession shall maintain a record of the type and quantity of all explosives possessed during the certificate period. The record shall be made available upon demand of the issuing authority, a magistrate or a law enforcement agency, public fire department or fire protection agency of this state.

(6) Notwithstanding section 2 (5) and (6) of this 2005 Act, the Department of State Police shall maintain in the department’s files fingerprint cards submitted to it for purposes of conducting a state or nationwide criminal records check under section 2 of this 2005 Act on applicants for a certificate of possession.

SECTION 29. ORS 657A.030 is amended to read:

657A.030. (1) The Child Care Division of the Employment Department shall establish a Criminal History Registry.

(2) All subject individuals shall be enrolled in the Criminal History Registry established by the division.

(3) Upon receiving an application for enrollment in the Criminal History Registry, the division shall complete a criminal records check [pursuant to ORS 181.537] under section 2 of this 2005 Act and shall complete a child protective services records check with the Department of Human Services. The division shall enroll the individual in the registry if the individual:

(a) Is determined to have no criminal or child protective services history or to have dealt with the issues and provided adequate evidence of suitability for the registry;

(b) Has paid the applicable fee established pursuant to ORS 657A.275; and

(4) The division may conditionally enroll an individual in the registry pending the results of a nationwide criminal records check through the Federal Bureau of Investigation if the individual has met other requirements of the division for enrollment in the registry.

(5) An enrollment in the Criminal History Registry shall expire two years from the date of enrollment and may be renewed upon application to the division, payment of the fee established pursuant to ORS 657A.275 and compliance with rules adopted by the division pursuant to this section. However, an individual who is determined to be ineligible for enrollment in the registry after the date of initial enrollment shall be removed from the registry by the division.

(6)(a) A child care facility shall not hire or employ an individual if the individual is not enrolled in the Criminal History Registry.

(b) Notwithstanding paragraph (a) of this subsection, a child care facility may employ on a probationary basis an individual who is conditionally enrolled in the Criminal History Registry.

(7) The division may adopt any rules necessary to carry out the purposes of this section and the criminal records check program.

(8) For purposes of this section, “subject individual” means a subject individual as defined by the division by rule or a person who applies to be:

(a) The operator or an employee of a child care or treatment program;

(b) The operator or an employee of an Oregon prekindergarten program under ORS 329.170 to 329.200;

(c) The operator or an employee of a federal Head Start program regulated by the United States Department of Health and Human Services;

(d) An individual in a child care facility who may have unsupervised contact with children as identified by the division;

(e) A contractor or an employee of the contractor who provides early childhood special education or early intervention services pursuant to ORS 343.455 to 343.534; or

(f) A child care provider who is required to be enrolled in the Criminal History Registry by any state agency.

SECTION 30. ORS 657A.270 is amended to read:

657A.270. (1) A certification or registration authorized by ORS 657A.030 and 657A.250 to 657A.450 and issued to a child care facility may be renewed upon submission of an application and payment of the required fee not later than 30 days prior to the expiration date of the current certification or registration if the Child Care Division of the Employment Department finds that the child care facility that is seeking renewal of the certification or registration is in compliance with the requirements of ORS 181.537, 657A.030 and 657A.250 to 657A.450 and the rules promulgated pursuant [thereto] to ORS 181.537, 657A.030 and 657A.250 to 657A.450 and section 2 of this 2005 Act.

(2) Upon submission of an application for renewal in proper time, manner and form, and payment of the required fee, the current certification or registration, unless officially revoked, shall remain in force until the Child Care Division has acted on the application for renewal and has given notice of the action taken.

SECTION 31. ORS 657A.275 is amended to read:

657A.275. (1) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Legislative Assembly prior to adopting the fees and charges, the fees and charges established under ORS [181.537,] 657A.030 and 657A.250 to 657A.450 [shall] and section 2 of this 2005 Act may not exceed the cost of administering the program of the Child Care Division of the Employment Department pertaining to the purpose for which the fee is established, as authorized by the Legislative Assembly within the budget of the division.

(2) Notwithstanding subsection (1) of this section and any other provision of this chapter, the following fees established by the division under ORS 657A.030 and 657A.250 to 657A.450 may not exceed:

(a) For Certified Family Child Care Home Initial Certification, $25;

(b) For Certified Family Child Care Home Annual Fee Per Certified Space, $2;

(d) For Child Care Center Annual Fee Per Certified Space, $2;

(e) For Registered Family Child Care Home Registration, $30;

(f) For administering a class on child care abuse and neglect issues, $10; and

(g) For enrollment in the Criminal History Registry, the cost of administering the program, including fees for:

(A) Duplicate enrollment in the Criminal History Registry;

(B) Law Enforcement Data System criminal records check; and

SECTION 32. ORS 657A.300 is amended to read:

657A.300. (1) Upon receipt of an application for a certification, accompanied by the required fee, the Child Care Division shall issue a certification if the division finds that the child care facility and its operations are in compliance with the requirements of ORS 181.537, 657A.030 and 657A.250 to 657A.450 and the rules promulgated pursuant [thereto] to ORS 181.537, 657A.030 and 657A.250 to 657A.450 and section 2 of this 2005 Act.

(2) The Child Care Division may issue a temporary certification, subject to reasonable terms and conditions, for a period not longer than 180 days to a child care facility that does not comply with the requirements and rules if the division finds that the health and safety of any child will not be endangered thereby. Not more than one temporary certification shall be issued for the same child care facility in any 12-month period.

(3) The Child Care Division shall serve as the state agency authorized, upon request, to certify compliance with applicable federal child care standards or requirements by any facility providing child care in the state.

SECTION 33. ORS 657A.330 is amended to read:

657A.330. (1) A provider operating a family child care home where care is provided in the family living quarters of the provider’s home that is not subject to the certification requirements of ORS 657A.280 may not operate a child care facility without registering with the Child Care Division of the Employment Department.

(2) A child care facility holding a registration may care for a maximum of 10 children, including the provider’s own children. Of the 10 children:

(a) No more than six may be younger than school age; and

(b) No more than two may be 24 months of age or younger.

(3)(a) To obtain a registration, a provider must apply to the Child Care Division by submitting a completed application work sheet and a nonrefundable fee. The fee shall vary according to the number of children for which the facility is requesting to be registered, and shall be determined and applied through rules adopted by the division under ORS 657A.275. The fee shall be deposited as provided in ORS 657A.310 (2). The division may waive any or all of the fee if the division determines that imposition of the fee would impose a hardship on the provider.

(b) Upon receipt of an initial or renewal application satisfactory to the division, the division shall conduct an on-site review of the child care facility under this section. The on-site review shall be conducted within 30 days of the receipt of a satisfactory application.

(4) The division shall issue a registration to a provider operating a family child care home if:

(a) The provider has completed a child care overview class administered by the division;

(b) The provider has completed two hours of training on child abuse and neglect issues;

(d) The provider is certified as a food handler under ORS 624.570; and

(e) The division determines that the application meets the requirements of ORS 181.537, 657A.030 and 657A.250 to 657A.450 and the rules promulgated pursuant [thereto] to ORS 181.537, 657A.030 and 657A.250 to 657A.450 and section 2 of this 2005 Act, and receives a satisfactory records check, including criminal [offender information] records and protective services records.

(5) Unless the registration is revoked as provided in ORS 657A.350, the registration is valid for a period of two years from the date of issuance. The division may renew a registration of a provider operating a family child care home if the provider:

(a) Is currently certified in infant and child first aid and cardiopulmonary resuscitation;

(b) Has completed a minimum of eight hours of training related to child care during the most recent registration period; and

(6) A registration authorizes operation of the facility only on the premises described in the registration and only by the person named in the registration.

(7) The division shall adopt rules:

(a) Creating the application work sheet required under subsection (3) of this section;

(b) Defining full-time and part-time care;

(d) Establishing health and safety procedures and standards on:

(A) The number and type of toilets and sinks available to children;

(B) Availability of steps or blocks for use by children;

(D) Lighting of rooms occupied by children;

(E) Glass panels on doors;

(F) Condition of floors;

(G) Availability of emergency telephone numbers; and

(H) Smoking.

(8) The division shall adopt the application work sheet required by subsection (3) of this section. The work sheet must include, but need not be limited to, the following:

(a) The number and ages of the children to be cared for at the facility; and

(b) The health and safety procedures in place and followed at the facility.

(9) The division, upon good cause shown, may waive one or more of the registration requirements. The division may waive a requirement only if appropriate conditions or safeguards are imposed to protect the welfare of the children and the consumer interests of the parents of the children. The division may not waive the on-site review requirement for applicants applying for an initial registration or renewal of a registration.

(10) The division, by rule, shall develop a list of recommended standards consistent with standards established by professional organizations regarding child care programs for child care facilities. Compliance with the standards is not required for a registration, but the division shall encourage voluntary compliance and shall provide technical assistance to a child care facility attempting to comply with the standards. The child care facility shall distribute the list of recommended minimum standards to the parents of all children cared for at the facility.

(11) In adopting rules relating to registration, the division shall consult with the appropriate legislative committee in developing the rules to be adopted. If the rules are being adopted during a period when the Legislative Assembly is not in session, the division shall consult with the appropriate interim legislative committee.

(12) A person who violates this section is subject to a civil penalty not to exceed $100. The Child Care Division may impose the civil penalty for violation of any of the terms or conditions of a registration.

SECTION 34. ORS 657A.370 is amended to read:

657A.370. Without the necessity of prior administrative proceedings or hearing and entry of an order or at any time during such proceedings if they have been commenced, the Child Care Division may institute proceedings to enjoin the operation of any child care facility operating in violation of ORS 181.537, 657A.030 and 657A.250 to 657A.450 or the rules promulgated pursuant [thereto] to ORS 181.537, 657A.030 and 657A.250 to 657A.450 and section 2 of this 2005 Act.

SECTION 35. ORS 657A.390 is amended to read:

657A.390. (1) Whenever an authorized representative of the Child Care Division is advised or has reason to believe that child care that is subject to regulation by the division is being provided without a certification or registration, the authorized representative may visit and conduct an on-site investigation of the premises of the facility at any reasonable time to determine whether the facility is subject to the requirements of ORS 181.537, 657A.030 and 657A.250 to 657A.450.

(2) At any reasonable time, an authorized representative of the Child Care Division may conduct an on-site investigation of the premises of any certified or registered child care facility to determine whether the child care facility is in conformity with ORS 181.537, 657A.030 and 657A.250 to 657A.450 and the rules promulgated pursuant [thereto] to ORS 181.537, 657A.030 and 657A.250 to 657A.450 and section 2 of this 2005 Act.

(3) An authorized representative of the Child Care Division shall conduct an on-site investigation of the premises of any certified or registered child care facility or of any other child care facility that is subject to regulation by the division if the division receives a serious complaint about the child care facility. The division, by rule, shall adopt a definition for “serious complaint.”

(4) Any state agency that receives a complaint about a certified or registered child care facility shall notify the Child Care Division about the complaint and any subsequent action taken by the state agency based on that complaint.

(5) The director and operator of a child care facility shall permit an authorized representative of the division to inspect records of the facility and shall furnish promptly reports and information required by the division.

SECTION 36. ORS 687.041 is amended to read:

687.041. (1) Applications to the State Board of Massage Therapists for a massage therapist license shall be made on forms provided by the board and shall contain the information required to assure the board of the applicant’s eligibility for a license. The application fee provided for in ORS 687.071 shall accompany the application.

(2) An applicant shall state on the application whether the applicant has ever been arrested for or convicted of a crime exclusive of minor traffic offenses and if so, where and when.

(3) The board may require that an applicant submit to fingerprinting and may use the fingerprints to request a criminal records check of the applicant under section 2 of this 2005 Act. It may also require the photograph of the applicant.

(4) All law enforcement agencies in this state shall cooperate with the board in the administration of ORS 687.011 to 687.250, 687.895 and 687.991 and shall, when requested, investigate and report to the board their findings regarding the arrest or conviction of the applicant for crimes within or outside this state.

SECTION 37. ORS 696.022 is amended to read:

696.022. (1) The Real Estate Agency shall establish by rule a system for licensing real estate brokers, principal real estate brokers and real estate property managers. The system shall establish, at a minimum:

(a) The form and content of applications for licensing under each category of real estate professional licensed by the agency;

(b) A licensing examination for each category of license;

(d) The term of a license in each category.

(2)(a) A real estate broker may engage in all of the professional activities of a real estate broker described in this chapter. A real estate broker may conduct professional real estate activities as a sole practitioner or in conjunction with other real estate brokers or principal real estate brokers after the person has acquired three years of active experience as a real estate broker. A real estate broker may not employ, engage or otherwise supervise the professional activities of another real estate broker or principal real estate broker.

(b) In order to qualify for a real estate broker’s license, an applicant must furnish proof satisfactory to the Real Estate Commissioner that the applicant has successfully completed the basic real estate broker’s educational courses and the examination required by rule of the agency. Proof of completion of all required courses must be provided at the time of applying for the license.

(3)(a) A principal real estate broker may engage in all of the professional activities of a real estate broker described in this chapter. A principal real estate broker may conduct professional real estate activities as a sole practitioner or in conjunction with other real estate brokers or principal real estate brokers. In addition, a principal real estate broker may employ, engage and otherwise supervise the professional activities of real estate brokers or principal real estate brokers.

(b) In order to qualify for a principal real estate broker’s license, an applicant must meet the requirements of subsection (2)(b) of this section and must furnish proof satisfactory to the commissioner that the applicant has successfully completed courses in brokerage administration and sales supervision, as required by agency rule, and has three years of active experience as a licensed real estate broker.

(4) In order to qualify for a real estate property manager’s license, an applicant must furnish proof satisfactory to the commissioner that the applicant has successfully completed courses in the legal aspects of real estate, real estate property management and accounting, bookkeeping and trust accounting practices. The applicant also must have successfully completed a real estate property manager’s license examination prescribed by rule of the agency. Proof of completion of all required courses must be provided at the time of applying for the license.

(5)(a) A license for a real estate broker, principal real estate broker or real estate property manager shall be granted only to a person who is trustworthy and competent to conduct professional real estate activity in a manner that protects the public interest. As a condition of licensing, the commissioner may require such proof of competence and trustworthiness as the commissioner deems necessary to protect the public interest.

(b) In implementing this subsection, the commissioner may require fingerprints and criminal offender information of an applicant for initial licensing or license renewal. Fingerprints acquired under this subsection may be [submitted to appropriate law enforcement agencies to determine any previous unlawful activity of the applicant] used for the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act.

(6) A license may be issued under this section only to persons who are 18 years of age or older.

(7) In order to qualify for a real estate broker’s license, a real estate salesperson licensed in another state or country must successfully complete a course of study and pass a real estate broker’s license examination, both as prescribed by agency rule.

(8) In order to satisfy the educational requirements under subsections (2) to (4) and (7) of this section, a course must be approved by the commissioner. The commissioner shall determine the final examination score acceptable as evidence of successful completion for each required course.

(9) The Real Estate Board may determine that an applicant for a principal real estate broker’s license or a real estate broker’s license has real estate related experience that is equivalent to the experience required under subsection (3) of this section.

SECTION 38. ORS 696.511 is amended to read:

696.511. (1) A person may not directly or indirectly engage in or carry on, or purport to engage in or carry on the business or act in the capacity of an escrow agent without first obtaining a license as an escrow agent under the provisions of ORS 696.505 to 696.590.

(2)(a) Every escrow agent before engaging in the escrow business shall file in the office of the Real Estate Commissioner an application for a license, in writing, verified by the applicant and in the form prescribed by the commissioner. The application must include the location of the agent’s principal office and all branch offices in this state, the name or style of doing business, the names, resident and business addresses of all persons interested in the business as principals, partners, elected officers, trustees and directors, specifying as to each the person’s capacity and title, the general plan and character of business and the length of time the agent has been engaged in business. Notification of changes in the information contained in the application or in the ownership of the business must be immediately filed with the commissioner.

(b) If the applicant is an individual, the applicant must be 18 years of age or older.

(3) For the initial license of an escrow agent, the commissioner may require information and evidence the commissioner considers necessary to demonstrate the applicant’s qualifications to transact escrow business including, but not limited to, information regarding the applicant’s financial resources, the applicant’s escrow business in another state or the experience or training of employees in escrow business, or a testimonial of an escrow agent licensed in this state. Subject to subsection (4) of this section, an applicant:

(a) Who is an individual must demonstrate a minimum of three years of experience in the administration of escrows within Oregon or a state with comparable escrow laws; or

(b) Who is not an individual must demonstrate a minimum collective experience among its personnel of three years in the administration of escrows within Oregon or a state with comparable escrow laws.

(4) The commissioner may waive the three-year experience requirement in subsection (3) of this section for an applicant who demonstrates other qualifications sufficient to ensure the protection of the public.

(5) For the initial license or license renewal of an escrow agent, the commissioner may require additional information the commissioner considers necessary to protect the public including, but not limited to, the fingerprints and [criminal offender information] a state or nationwide criminal records check of the applicant under section 2 of this 2005 Act. For purposes of requiring fingerprints and a criminal [offender information] records check, “applicant” means a person who has more than five percent ownership interest in the escrow agency and the corporate officers in direct control of escrow operations.

(6) For license renewal, an escrow agent shall provide:

(a) A certification of training, by which the applicant certifies that the applicant provides escrow agency staff within Oregon with an average of six hours or more of training per year per permanent, full-time employee in subjects that bear directly on the administration of escrows; and

(b) A statement identifying by name, address and telephone number one or more individuals who can respond to the inquiries of or referrals by the commissioner or the commissioner’s authorized representative regarding the applicant’s escrow business.

(7) The commissioner, if satisfied that the applicant should not be refused a license under ORS 696.535, shall issue or renew an escrow agent license for an applicant that complies with the requirements of ORS 696.505 to 696.590.

(8) To qualify for issuance or renewal of an escrow agent license, an applicant shall pay any outstanding civil penalties or other moneys due and owing to the Real Estate Agency except civil penalties or other moneys due that are the subject of judicial or administrative review on the date of the application for license or license renewal.

SECTION 39. ORS 696.606 is amended to read:

696.606. (1) In accordance with any applicable provisions of ORS chapter 183, the Real Estate Commissioner shall establish by rule a system to license real estate marketing organizations. Such a system shall include but need not be limited to prescribing:

(a) The form and content of and the times and procedures for submitting an application for the issuance or renewal of a license.

(b) The term of the license and the fee for the original issue and renewal in an amount that does not exceed the cost of administering the licensing system.

(c) The requirements and procedures to register the names of and other information regarding the real estate marketing employees employed by applicants or licensees.

(d) Those actions or circumstances that constitute failure to achieve or maintain licensing or competency or that otherwise constitute a danger to the public interest and for which the commissioner may refuse to issue or renew or may suspend or revoke a license or registration or may impose a penalty.

(e) Those activities of principals of the organization that constitute a danger to the public interest and for which the commissioner may refuse to issue or renew or may suspend or revoke a registration or may impose a penalty. For purposes of this section, “principal” means a person who has permitted or directed another to act for the person’s benefit with respect to a real estate marketing organization.

(2) Licenses for real estate marketing organizations shall be granted only if the principal persons of the organization are trustworthy and competent to conduct real estate marketing activity in such manner as to safeguard the interests of the public and only after satisfactory proof has been presented to the commissioner. As used in this subsection, “satisfactory proof” includes but is not limited to the fingerprints and a criminal [offender information] records check of the applicant. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the commissioner may require the fingerprints of the applicant.

(3) At the time of filing an application for a license as a real estate marketing organization, the applicant shall deposit with the commissioner a corporate surety bond running to the State of Oregon, executed by a surety company satisfactory to the commissioner, in the amount of $35,000 in a form and under terms and conditions established by the commissioner.

(4) Any real estate marketing organization may satisfy the requirements of subsection (3) of this section by depositing with the commissioner, in an amount equal to the surety bond required, a deposit consisting of any of the following:

(a) Cash;

(b) Ample secured obligations of the United States, a state or a political subdivision thereof;

(c) Certificates of deposit or other investments described in ORS 733.650 (4) to the extent that such investments are insured by the Federal Deposit Insurance Corporation; or

(d) Any combination of paragraphs (a), (b) and (c) of this subsection.

(5) Any real estate marketing organization making a deposit with the commissioner shall assign in trust, to the Real Estate Commissioner, and the commissioner’s successors in office, all cash certificates or securities deposited in accordance with this section.

(6) The deposit shall be accepted and held by the commissioner for the faithful performance of real estate marketing activity by the real estate marketing organization. No claimant or judgment creditor of the real estate marketing organization shall have the right to attach or levy upon any of the assets or securities held on deposit.

(7) The commissioner, by order, may use such deposit under subsection (3) or (4) of this section, as follows:

(a) To satisfy any final judgment entered against the real estate marketing organization for actual damages suffered by any person by reason of the violation of ORS 696.603, 696.606 or 696.612 or a rule adopted pursuant thereto, or by reason of any fraud, dishonesty, misrepresentation or concealment of material fact growing out of any real estate marketing activity.

(b) To satisfy an order of the commissioner if the commissioner determines that a violation of ORS 696.603, 696.606 or 696.612 or a rule adopted pursuant thereto has occurred and directs the payment of a claim from the deposit provided the following conditions have been met:

(A) The amount of actual damages claimed, excluding attorney fees, by the consumer is $1,000 or less.

(B) The consumer has first contacted the real estate marketing organization involved and, in writing, has made demand for payment of actual damages.

(C) The real estate marketing organization has had 30 calendar days from the date of the consumer’s written demand to deal with the demand.

(D) The claim is only for actual damages sustained by the consumer.

(8) All claims against the deposit under subsection (3) or (4) of this section of a real estate marketing organization, other than those described in subsection (7) of this section, must be paid by the commissioner only upon the receipt of a final court judgment against the real estate marketing organization and only in the amount of actual damages as ordered by the court.

SECTION 40. ORS 696.790 is amended to read:

696.790. [(1) On the request of] For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Real Estate Commissioner may require [and written consent of the person about whom information is being requested, the Department of State Police shall furnish to the commissioner such information as the Department of State Police may have in its possession from its central bureau of criminal identification, including but not limited to manual or computerized information concerning any applicant or licensee regulated under this chapter.]

[(2) On the request of the commissioner, the Department of State Police shall conduct nationwide criminal checks through the Federal Bureau of Investigation of] any applicant or licensee regulated under this chapter to provide fingerprints. [A person making application for a license under this chapter shall be deemed, upon signing or with signature upon the application filed under this chapter, to have given consent necessary for purposes of this section.]

[(3) The commissioner shall adopt rules to restrict dissemination of information received under this section to persons with a demonstrated and legitimate need to know the information.]

SECTION 41. ORS 702.017 is amended to read:

702.017. The Department of Education shall:

(1) Develop and provide an application form for an athlete agent permit that:

(a) Requires the applicant to affirm, under penalty of perjury, that the applicant:

(A) Is at least 18 years of age;

(B) Has remitted the required permit fee or renewal fee pursuant to ORS 702.012;

(D) Has not, in any jurisdiction, had an athlete agent license or permit suspended or revoked for a violation of any law in that jurisdiction;

(E) Has not, in any jurisdiction, had a civil judgment entered against the applicant for damages caused to an institution as a result of a violation of any athlete agent law in that jurisdiction; and

(F) Has not engaged in conduct that resulted in penalties or sanctions being imposed against a college or university by the athletic association governing that college or university or by an athletic conference in which the college or university is a member; and

(b) Informs the applicant that a criminal records check is required and that the applicant must allow the Department of Education to take fingerprints for the criminal records check;

(2) Adopt rules specifying any other qualifications for the issuance of an athlete agent permit;

(3) Take fingerprints of each applicant for the purpose of requesting a state or nationwide criminal records check [conducted pursuant to ORS 702.022] under section 2 of this 2005 Act;

(4) Issue athlete agent permits to applicants who meet all of the qualifications listed in this section and the rules adopted pursuant thereto;

(5) Develop and provide an application form for the renewal of an athlete agent permit;

(6) Collect permit fees and renewal fees; and

(7) Use the moneys collected from permit fees and renewal fees to defray the costs of administering the athlete agent permit program.

SECTION 42. ORS 703.090 is amended to read:

703.090. (1) Any applicant for a license as a general polygraph examiner must:

(a) Be at least 18 years of age;

(b) Be a citizen of the United States;

(c) Not have demonstrated, in the preceding 10 years, a course of behavior that indicates a high degree of probability that the applicant will be unlikely to perform the duties of a polygraph examiner in a manner that would serve the interests of the public;

(d) If previously convicted for a criminal offense, provide information, as required by the Department of Public Safety Standards and Training, relating to the circumstances of the conviction. ORS 670.280 is applicable when the department considers information provided under this paragraph;

(e) Have received a baccalaureate degree from a college or university that is accredited by the American Association of Collegiate Registrars and Admissions Officers; or, in lieu thereof, be a graduate of an accredited high school and have at least five years of active investigative experience before the date of application;

(f) Have graduated from a polygraph examiners course approved by the department and conforming to any minimum training standards approved by the Board on Public Safety Standards and Training and have satisfactorily completed at least 200 examinations, or have worked as a polygraph examiner for a period of five years for a governmental agency within the State of Oregon and have completed 200 examinations; and

(g) Have successfully completed an examination conducted by the department to determine, consistent with any standards approved by the board, competency to act as a polygraph examiner.

(2) For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Department of Public Safety Standards and Training shall require each applicant to be fingerprinted as part of the licensing procedure. [If a nationwide criminal records check is necessary, the Department of Public Safety Standards and Training shall request the Department of State Police to conduct the check, including fingerprint identification, through the Federal Bureau of Investigation. The Federal Bureau of Investigation shall return the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints. The Department of State Police shall report the results of the fingerprint-based criminal records check to the Department of Public Safety Standards and Training. The Department of Public Safety Standards and Training shall designate staff specifically authorized to receive the information obtained under this section. The Department of State Police shall also furnish the Department of Public Safety Standards and Training with any information about the applicant that the Department of State Police may have in its possession from its central bureau of criminal identification including, but not limited to, manual or computerized criminal offender information. The Department of Public Safety Standards and Training may establish an appropriate fee for the criminal records check not to exceed the costs of conducting the criminal records check through the Department of State Police and the Federal Bureau of Investigation.]

(3) Notwithstanding section 2 (5) and (6) of this 2005 Act, the Department of State Police shall maintain in the department’s files fingerprint cards submitted to it for purposes of conducting a state or nationwide criminal records check under section 2 of this 2005 Act on applicants for a license as a general polygraph examiner.

[(3)] (4) When the Department of Public Safety Standards and Training refuses to issue a license based upon an applicant’s failure to meet the requirements of subsection (1)(c) of this section, the department shall prepare a concise, specific written statement of the facts supporting the department’s conclusion that there is a high degree of probability that the applicant will be unlikely to perform required duties in a manner that would serve the interests of the public. A copy of the statement shall be given to the applicant.

SECTION 43. ORS 703.425 is amended to read:

703.425. (1) An application for an investigator’s license must be in writing on a form prescribed by the Oregon Board of Investigators and signed under oath, stating the applicant’s:

(a) Name;

(b) Birthdate;

(d) Physical description;

(e) Current residence;

(f) Residence for the preceding 10 years;

(g) Current employment;

(h) Employment for the preceding 10 years;

(i) Experience qualifications;

(j) Education;

(k) Business address, which may be a post office box; and

(L) Any other information required by the board.

(2) The application must be accompanied by:

(a) The application fee as prescribed by the board by rule;

(b) Recent photographs of the applicant as prescribed by the board by rule to be used for an identification card and for the files of the board;

(d) Three professional references, none of which may be from a person who is related to the applicant by blood or marriage;

(e) Proof of a corporate surety bond, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or such other security as the board may prescribe by rule in the sum of at least $5,000, or errors and omissions insurance in the sum of at least $5,000. Failure to maintain such security or insurance is grounds for penalties as the board determines or denial of renewal of a license; and

(f) Proof of a passing score on the test of professional investigator competency administered or approved by the board.

(3) All applicants must disclose any acts or crimes constituting grounds for denial of a license under ORS 703.465 and must notify the board when the applicant is charged with a criminal offense. The board must conduct a special review of any applicant making a disclosure under this subsection.

(4) The board shall forward a complete set of an applicant’s fingerprints to the Department of State Police and shall request [criminal offender information from] that the department [of State Police in the manner required by ORS 703.427.] conduct criminal records checks as provided in section 2 of this 2005 Act. Notwithstanding section 2 (5) and (6) of this 2005 Act, the department shall maintain in the department’s files the fingerprint cards used to conduct the state criminal records check.

(5) Employees of or partners in a firm who are covered by the firm’s errors and omissions insurance meet the requirements of subsection (2)(e) of this section as long as the coverage is at least $5,000 per investigator.

SECTION 44. ORS 703.445 is amended to read:

703.445. (1) An investigator who desires to continue to practice in this state must apply for renewal and pay the renewal fee as prescribed by rule of the Oregon Board of Investigators to the board on or before the renewal date of the license. Any person who fails to pay the renewal fee by the renewal date may, within the following 30 days, pay the renewal fee plus a penalty in an amount to be prescribed by board rule, not to exceed twice the amount of the renewal fee. Any person who fails to pay the renewal fee, with accrued penalties, for a period of 30 days after the renewal date shall forfeit the right to work as an investigator in this state and may be reinstated only upon compliance with the initial application procedures.

(2) Prior to renewing a license, the board may request [criminal offender information from] that the Department of State Police conduct criminal records checks as provided in [ORS 703.427] section 2 of this 2005 Act. Any act that is grounds for denying an initial application for a license is grounds for refusing to renew a license.

(3) An investigator may choose to become inactive rather than renew a license. The investigator must notify the board of the decision to become inactive. Upon payment of the inactive license fee as prescribed by rule of the board, the board shall place the investigator on inactive status. An investigator on inactive status may not work as an investigator.

SECTION 45. ORS 684.100 is amended to read:

684.100. (1) The State Board of Chiropractic Examiners may refuse to grant a license to any applicant or may discipline a person upon any of the following grounds:

(a) Fraud or misrepresentation.

(b) The practice of chiropractic under a false or assumed name.

(d) A conviction of a felony or misdemeanor involving moral turpitude. A copy of the record of conviction, certified to by the clerk of the court entering the conviction, is conclusive evidence of the conviction.

(e) Commitment to a mental institution. A copy of the record of commitment, certified to by the clerk of the court entering the commitment, is conclusive evidence of the commitment.

(f) Habitual intemperance in the use of intoxicants or controlled substances to such an extent as to incapacitate the person from the performance of professional duties.

(g) Unprofessional or dishonorable conduct, including but not limited to:

(A) Any conduct or practice contrary to recognized standard of ethics of the chiropractic profession or any conduct or practice that does or might constitute a danger to the health or safety of a patient or the public or any conduct, practice or condition that does or might impair a physician’s ability safely and skillfully to practice chiropractic.

(B) Willful ordering or performance of unnecessary laboratory tests or studies; administration of unnecessary treatment; failure to obtain consultations or perform referrals when failing to do so is not consistent with the standard of care; or otherwise ordering or performing any chiropractic service, X-ray or treatment that is contrary to recognized standards of practice of the chiropractic profession.

(h) Failing to notify the board of a change in location of practice as provided in ORS 684.054.

(i) Representing to a patient that a manifestly incurable condition of sickness, disease or injury can be permanently cured.

(j) The use of any advertising making untruthful, improper, misleading or deceptive statements.

(k) The advertising of techniques or modalities to infer or imply superiority of treatment or diagnosis by the use thereof that cannot be conclusively proven to the satisfaction of the board.

(L) Knowingly permitting or allowing any person to use the license of the person in the practice of any system or mode of treating the sick.

(m) Advertising either in the name of the person or under the name of another person, clinic or concern, actual or pretended, in any newspaper, pamphlet, circular or other written or printed paper or document, professing superiority to or a greater skill than that possessed by other chiropractic physicians that cannot be conclusively proven to the satisfaction of the board.

(n) Aiding or abetting the practice of any of the healing arts by an unlicensed person.

(o) The use of the name of the person under the designation, “Doctor,” “Dr.,” “D.C.,” “Chiropractor,” “Chiropractic D.C.,” “Chiropractic Physician,” or “Ph.C.,” or any similar designation with reference to the commercial exploitation of any goods, wares or merchandise.

(p) The advertising or holding oneself out to treat diseases or other abnormal conditions of the human body by any secret formula, method, treatment or procedure.

(q) Violation of any provision of this chapter or any rule adopted thereunder.

(r) Gross incompetency or gross negligence.

(s) The suspension or revocation by another state of a license to practice chiropractic, based upon acts by the licensee similar to acts described in this section. A certified copy of the record of suspension or revocation of the state making the suspension or revocation is conclusive evidence thereof.

(t) Failing to give prior notice to patients of the permanent or temporary closure of the physician’s practice or failing to give reasonable access to the records and files of the physician’s patients at any time.

(u) The suspension or revocation by another licensing board in the state of a license to practice as another type of health care provider.

(2) The board may, at any time two years or more after the refusal, revocation or cancellation of registration under this section, by a majority vote, issue a license restoring to or conferring on the person all the rights and privileges of the practice of chiropractic as defined and regulated by this chapter. Any person to whom those rights have been restored shall pay to the board the annual registration fee for the license category plus one-half thereof.

(3) If the board determines that a chiropractic physician’s continuation in practice would constitute a serious danger to the public, the board may suspend the license of the chiropractic physician without a hearing. Simultaneously with the order of suspension, the board must institute proceedings for a hearing provided under this section and the suspension may continue unless injunctive relief is obtained from a court of competent jurisdiction showing just cause or undue burden under the circumstances existing.

(4) If a physician refuses a written request for an informal interview with the board, the board shall have grounds to suspend or revoke the license of a physician pursuant to this section.

(5) Prior to or following an informal interview as described in this section, the board may request any Oregon licensed chiropractic physician in good standing to assist the board in preparing for or conducting any professional competency examination as the board may deem appropriate.

(6) Notwithstanding any other provisions of ORS 684.010, 684.040, 684.050, 684.090, 684.100, 684.112, 684.130, 684.150 and 684.155, the board may at any time direct and order a professional competency examination limited to the area of practice out of which a specific complaint has arisen and make an investigation, including the taking of depositions or otherwise in order to fully inform itself with respect to the performance or conduct of a physician licensed under ORS 684.010, 684.040, 684.050, 684.090, 684.100, 684.112, 684.130, 684.150 and 684.155.

(7) If the board has reasonable cause to believe that any:

(a) Chiropractic physician is or may be unable to practice with reasonable skill and safety to patients, the board may:

(A) Cause a competency examination of [that] the physician for purposes of determining the physician’s fitness to practice chiropractic with reasonable skill and safety to patients[.]; or

(B) Require the fingerprints of the physician for the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act.

(b) Person certified to provide physiotherapy, electrotherapy or hydrotherapy pursuant to ORS 684.155 (1)(c) is or may be unable to provide the therapies with reasonable skill and safety to patients, the board may:

(A) Cause a competency examination of the person for purposes of determining the person’s fitness to provide the therapies with reasonable skill and safety to patients; or

(B) Require the fingerprints of the person for the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act.

(8) Refusal by any person to take or appear for a competency examination scheduled by the board or to submit fingerprints as required by the board under subsection (7) of this section shall constitute grounds for disciplinary action.

(9) In disciplining a person as authorized by subsection (1) of this section, the board may use any or all of the following methods:

(a) Suspend judgment.

(b) Place the person on probation.

(d) Revoke the license of the person to practice chiropractic in this state.

(e) Place limitations on the license of the person to practice chiropractic in this state.

(f) Impose a civil penalty not to exceed $10,000.

(g) Take other disciplinary action as the board in its discretion finds proper, including assessment of the costs of the disciplinary proceedings.

(10)(a) Any information that the board obtains pursuant to ORS 684.100, 684.112 and 684.155 [(8)] (9) is confidential as provided under ORS 676.175.

(b) Any person who reports or provides information to the board under ORS 684.090, 684.100, 684.112, 684.150 and 684.155 and who provides information in good faith shall not be subject to an action for civil damages as a result thereof.

SECTION 46. ORS 684.155 is amended to read:

684.155. In addition to any other powers granted by this chapter, the State Board of Chiropractic Examiners may:

(1) Adopt necessary and proper rules:

(a) Establishing standards and tests to determine the moral, intellectual, educational, scientific, technical and professional qualifications of applicants for licenses to practice in this state.

(b) To enforce the provisions of this chapter and to exercise general supervision over the practice of chiropractic within this state.

(c)(A) To establish standards and procedures to certify ancillary personnel as qualified to provide physiotherapy, electrotherapy or hydrotherapy under the direction of a chiropractic physician, and to establish continuing education requirements as a condition of maintaining such certification.

(B) As used in this paragraph, “ancillary personnel” means a chiropractic physician’s staff personnel who are directed or designated, by spoken or written words or other means, to follow and carry out the chiropractic physician’s orders or directions.

(2) Issue, deny, suspend and revoke licenses and limited licenses, assess costs of proceedings and place persons on probation as provided in this chapter.

(3) Without the necessity of prior administrative proceedings or hearing and entry of an order or at any time during such proceedings if they have been commenced, institute proceedings to enjoin the practice of any person operating in violation of this chapter.

(4) Make its personnel and facilities available to other regulatory agencies of this state, or other bodies interested in the development and improvement of the practice of chiropractic in this state, upon such terms and conditions for reimbursement as are agreed to by the board and the other agency or body.

(5) Determine the chiropractic schools, colleges and institutions and the training acceptable in connection with licensing under this chapter and approve residency, internship and other training programs carried on by chiropractic schools, colleges or institutions or chiropractic facilities.

(6) Prescribe the time, place, method, manner, scope and subjects of examinations under this chapter.

(7) Prescribe all forms that it considers appropriate for the purposes of this chapter, and require the submission of photographs[, fingerprints] and relevant personal history data by applicants for licenses to practice chiropractic in this state.

(8) For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act require each applicant for a license or certification, or renewal of a license or certification, to be fingerprinted.

[(8)] (9) Subject to ORS 684.150, administer oaths, issue notices and subpoenas in the name of the board, enforce subpoenas in the manner authorized by ORS 183.440, hold hearings and perform such other acts as are reasonably necessary to carry out its duties under this chapter.

[(9)] (10) Establish specialty certificate requirements within the practice of chiropractic, adopt rules applicable to specialty certification and require specialty certification for chiropractic physicians engaging in practices identified by the board as requiring specialty certification.

SECTION 47. ORS 677.265 is amended to read:

677.265. In addition to any other powers granted by this chapter, the Board of Medical Examiners for the State of Oregon may:

(1) Adopt necessary and proper rules for administration of this chapter including but not limited to:

(a) Establishing fees and charges to carry out its legal responsibilities, subject to prior approval by the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and charges. [Such] The fees and charges shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The fees and charges established under this section [shall] may not exceed the cost of administering the program or the purpose for which the fee or charge is established, as authorized by the Legislative Assembly for the board’s budget, or as modified by the Emergency Board or future sessions of the Legislative Assembly.

(b) Establishing standards and tests to determine the moral, intellectual, educational, scientific, technical and professional qualifications required of applicants for licenses under this chapter.

(c) Enforcing the provisions of this chapter and exercising general supervision over the practice of medicine and podiatry within this state. In determining whether to discipline a licensee for a standard of care violation, the board shall determine whether the licensee used that degree of care, skill and diligence that is used by ordinarily careful physicians or podiatric physicians and surgeons in the same or similar circumstances in the community of the physician or podiatric physician and surgeon or a similar community.

(2) Issue, deny, suspend and revoke licenses and limited licenses, assess costs of proceedings and fines and place licensees on probation as provided in this chapter.

(3) Use the gratuitous services and facilities of private organizations to receive the assistance and recommendations of [such] the organizations in administering this chapter.

(4) Make its personnel and facilities available to other regulatory agencies of this state, or other bodies interested in the development and improvement of the practice of medicine or podiatry in this state, upon [such] terms and conditions for reimbursement as are agreed to by the board and the other agency or body.

(5) Appoint examiners, who need not be members of the board, and employ or contract with the American Public Health Association or the National Board of Medical Examiners or other organizations, agencies and persons to prepare examination questions and score examination papers.

(6) Determine the schools, colleges, universities, institutions and training acceptable in connection with licensing under this chapter. All residency, internship and other training programs carried on in this state by any hospital, institution or medical facility shall be subject to approval by the board. The board shall accept the approval by the American Osteopathic Association or the American Medical Association.

(7) Prescribe the time, place, method, manner, scope and subjects of examinations under this chapter.

(8) Prescribe all forms that it considers appropriate for the purposes of this chapter, and require the submission of photographs[, fingerprints] and relevant personal history data by applicants for licensure under this chapter.

(9) For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, require the fingerprints of a person who is:

(a) Applying for a license that is issued by the board;

(b) Applying for renewal of a license that is issued by the board; or

(c) Under investigation by the board.

[(9)] (10) Administer oaths, issue notices and subpoenas in the name of the board, enforce subpoenas in the manner authorized by ORS 183.440, hold hearings and perform such other acts as are reasonably necessary to carry out its duties under this chapter.

SECTION 48. ORS 678.150 is amended to read:

678.150. (1) The Oregon State Board of Nursing shall elect annually from its number a president, a president-elect and a secretary, each of whom shall serve until a successor is elected and qualified. The board shall meet on the call of the president or as the board may require. Special meetings of the board may be called by the secretary upon the request of any three members. Five members shall constitute a quorum.

(2) Members of the board are entitled to compensation and expenses as provided in ORS 292.495. Notwithstanding ORS 292.495 (1), a board member shall receive up to $150 for each day or portion thereof during which the member is actually engaged in the performance of official duties.

(3) The board shall adopt a seal which shall be in the care of the executive director.

(4) The board shall keep a record of all its proceedings and of all persons licensed and schools or programs accredited or approved under ORS 678.010 to 678.445. The records shall at all reasonable times be open to public scrutiny.

(5) Subject to the State Personnel Relations Law, the board shall hire, define the duties and fix the salary of an executive director who shall hire and define the duties of such other employees as are necessary to carry into effect the provisions of ORS 678.010 to 678.445. The executive director, with approval of the board, may also employ special consultants. All salaries, compensation and expenses incurred or allowed shall be paid out of funds received by the board.

(6) The board shall determine the qualifications of applicants for a license to practice nursing in this state and establish educational and professional standards for such applicants subject to laws of this state.

(7) The board shall:

(a) Exercise general supervision over the practice of nursing in this state.

(b) Prescribe standards and approve curricula for nursing education programs preparing persons for licensing under ORS 678.010 to 678.445.

(d) Accredit such nursing education programs as meet the requirements of ORS 678.010 to 678.445 and of the board.

(e) Deny or withdraw accreditation from nursing education programs for failure to meet prescribed standards.

(f) Examine, license and renew the licenses of duly qualified applicants and administer examinations for other states where requested to do so by the other state.

(g) Issue subpoenas for any records relevant to a board investigation, including patient and other medical records, personnel records applicable to nurses and nursing assistants, records of schools of nursing and nursing assistant training records and any other relevant records; issue subpoenas to persons for personal interviews relating to board investigations; compel the attendance of witnesses; and administer oaths or affirmations to persons giving testimony during an investigation or at hearings. In any proceeding under this subsection, when a subpoena is issued to an applicant, certificate holder or licensee of the board, a claim of nurse-patient privilege under ORS 40.240 or of psychotherapist-patient privilege under ORS 40.230 is not grounds for quashing the subpoena or for refusing to produce the material that is subject to the subpoena.

(h) Enforce the provisions of ORS 678.010 to 678.445, and incur necessary expenses therefor.

(i) Prescribe standards for the delegation of special tasks of patient care to nursing assistants and for the supervision of nursing assistants. The standards must include rules governing the delegation of administration of noninjectable medication by nursing assistants and must include rules prescribing the types of noninjectable medication that can be administered by nursing assistants, and the circumstances, if any, and level of supervision under which nursing assistants can administer noninjectable medication. In formulating the rules governing the administration of noninjectable medication by nursing assistants, the board shall consult with nurses, physicians, gerontologists and pharmacologists. Notwithstanding any other provision of this paragraph, however, determination of the appropriateness of the delegation of a special task of patient care shall remain with the registered nurse issuing the order.

(j) Notify licensees at least annually of changes in legislative or board rules that affect the licensees. Notice may be by newsletter or other appropriate means.

(8) The board shall determine the scope of practice as delineated by the knowledge acquired through approved courses of education or through experience.

(9) For local correctional facilities, lockups and juvenile detention facilities, as defined in ORS 169.005, youth correction facilities as defined in ORS 420.005, for facilities operated by a public agency for detoxification of persons who use alcohol excessively, for homes or facilities licensed under ORS 443.705 to 443.825 for adult foster care, and for facilities licensed under ORS 443.400 to 443.455 for residential care, training or treatment, the board shall adopt rules pertaining to the provision of nursing care, and to the various tasks relating to the administration of noninjectable medication including administration of controlled substances. The rules must provide for delegation of nursing care and tasks relating to the administration of medication to other than licensed nursing personnel by a physician licensed by the Board of Medical Examiners for the State of Oregon or by a registered nurse, designated by the facility. Such delegation must occur under the procedural guidance, initial direction and periodic inspection and evaluation of the physician or registered nurse. However, the provision of nursing care may be delegated only by a registered nurse.

(10) The board may require applicants, licensees and certificate holders under ORS 678.010 to 678.445 to provide to the board data concerning the individual’s nursing employment and education.

(11) For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the board may require the fingerprints of a person who is:

(a) Applying for a license or certificate that is issued by the board;

(b) Applying for renewal of a license or certificate that is issued by the board; or

(c) Under investigation by the board.

[(11)] (12) Pursuant to ORS chapter 183, the board shall adopt rules necessary to carry out the provisions of ORS 678.010 to 678.445.

NOTE: Section 49 was deleted by amendment. Subsequent sections were not renumbered.

SECTION 50. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Department of Revenue may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the department; or

(b) Provides services or seeks to provide services to the department as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(c) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state;

(d) That has mailroom duties as the primary duty or job function of the position;

(e) In which the person has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, personal financial information or criminal background information; or

(f) In which the person has access to tax or financial information of individuals or business entities.

SECTION 51. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Judicial Department may require the fingerprints of a person who:

(1) Is employed or applying for employment by the department; or

(2) Provides services or seeks to provide services to the department as a contractor, vendor or volunteer.

SECTION 52. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Secretary of State may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the Secretary of State; or

(b) Provides services or seeks to provide services to the Secretary of State as a contractor; and

(2) Is, or will be, working or providing services in a position:

(c) That has fiscal, payroll or purchasing responsibilities as one of the position’s primary responsibilities;

(d) In which the person has responsibility for conducting audits; or

SECTION 53. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Oregon Board of Accountancy may require the fingerprints of a person who is:

(1) Applying for a license, certificate, registration or permit that is issued by the board;

(2) Applying for renewal of a license, certificate, registration or permit that is issued by the board;

(3) Under investigation by the board; or

(4) Applying for authority to practice public accountancy pursuant to ORS 673.153.

SECTION 54. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Oregon Board of Dentistry may require the fingerprints of a person who:

(1) Is employed or applying for employment by the board in a position in which the person has or will have access to information that is made confidential under state or federal laws, rules or regulations;

(2) Provides services or seeks to provide services to the board as a contractor, vendor or volunteer in a position in which the person has or will have access to information that is made confidential under state or federal laws, rules or regulations;

(3) Is applying for a license or permit that is issued by the board;

(4) Is applying for renewal of a license or permit that is issued by the board; or

(5) Is under investigation by the board.

SECTION 55. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the State Parks and Recreation Department may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the department; or

(b) Provides services or seeks to provide services to the department as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(a) In which the person has direct access to persons under 18 years of age, elderly persons or persons with disabilities;

(e) In which the person has responsibility for auditing agency financial transactions;

(f) In which the person has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal background information;

(g) In which the person has access to tax or financial information of individuals or business entities;

(h) In which the person provides security, design or construction services for government buildings, grounds or facilities; or

(i) In which the person may issue citations under ORS 390.050.

SECTION 56. ORS 9.542 is amended to read:

9.542. (1) The board of governors, subject to the approval of the Supreme Court, may adopt rules of procedure relating to the investigation of the conduct of attorneys and applicants for admission and reinstatement to the bar, and relating to the conduct of admission, reinstatement and disciplinary proceedings.

(2) For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the board of governors may require the fingerprints of a person who is applying for admission or reinstatement to the bar or for renewal of a license issued by the bar.

NOTE: Section 57 was deleted by amendment. Subsequent sections were not renumbered.

SECTION 58. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Board of Naturopathic Examiners may require the fingerprints of a person who:

(3) Is applying for a license or certificate that is issued by the board;

(4) Is applying for renewal of a license or certificate that is issued by the board; or

(5) Is under investigation by the board.

SECTION 59. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Appraiser Certification and Licensure Board may require the fingerprints of a person who is applying for, or holds, a license, certificate or registration, or is applying for renewal of a license, certificate or registration, that is issued by the board, or of a person who:

(1)(a) Is employed or applying for employment by the board;

(b) Provides services or seeks to provide services to the board as a contractor, vendor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(c) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state; or

(d) In which the person has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal background information.

SECTION 60. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the State Department of Fish and Wildlife may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the department; or

(b) Provides services or seeks to provide services to the department as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(a) In which the person has direct access to persons under 18 years of age, elderly persons or persons with disabilities;

(b) That has personnel or human resources functions as one of the position’s primary responsibilities;

(c) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems; or

(d) That involves the use, possession, issuance, transport, purchase, sale or forfeiture of firearms or munitions, access to firearms or munitions or the training of others in the use or handling of firearms.

SECTION 61. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Oregon Youth Authority may require the fingerprints of a person who:

(1) Is employed or applying for employment by the youth authority; or

(2) Provides services or seeks to provide services to the youth authority as a contractor, vendor or volunteer.

SECTION 62. ORS 675.110 is amended to read:

675.110. The State Board of Psychologist Examiners shall have the following powers, in addition to the powers otherwise granted under ORS 675.010 to 675.150, and shall have all powers necessary or proper to carry the granted powers into effect:

(1) To determine qualifications of applicants to practice psychology in this state; to cause to have examinations prepared, conducted and graded and to grant licensing to qualified applicants upon their compliance with the provisions of ORS 675.010 to 675.150 and the rules of the board.

(2) To grant or deny renewal of licenses, and to renew licenses which have lapsed for nonpayment of the renewal fee, subject to the provisions of ORS 675.010 to 675.150.

(3) To suspend or revoke licenses, subject to ORS 675.010 to 675.150.

(4) To issue letters of reprimand, to impose probationary periods with the authority to restrict the scope of practice of a licensed psychologist or to require practice under supervision.

(5) To impose civil penalties not to exceed $1,000.

(6) To restore licenses which have been suspended or revoked or voided by nonpayment of the renewal fee.

(7)(a) To collect fees for application, examination and licensing of applicants, for renewal of licenses, and for issuance of limited permits, such fees to be used to defray the expenses of the board as provided in ORS 675.140.

(b) The board may collect a delinquent renewal fee for licenses renewed after the deadline for renewal but before the grace period for renewal has expired.

(8) To investigate alleged violations of ORS 675.010 to 675.150.

(9) To issue subpoenas for the attendance of witnesses, take testimony, administer oaths or affirmations to witnesses, conduct hearings, require the production of relevant documents in all proceedings pertaining to the duties and powers of the board.

(10) To enforce ORS 675.010 to 675.150 and to exercise general supervision over the practice of psychology in this state.

(11) To adopt a common seal.

(12) To formulate a code of professional conduct for the practice of psychology giving particular consideration to the Ethical Standards of Psychologists promulgated by the American Psychological Association.

(13) To establish standards of service and training and educational qualifications for the rendering of ethical psychological services in this state, including the formulation of standards for the issuance of licenses for areas of special competence.

(14) To formulate and enforce continuing education requirements for duly licensed psychologists to insure the highest quality of professional services to the public.

(15) For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, to require the fingerprints of a licensee or a person who is applying for a license that is issued by the board.

[(15)] (16) Subject to the applicable provisions of ORS chapter 183, to adopt reasonable rules to carry out the provisions of ORS 675.010 to 675.150.

SECTION 63. ORS 675.110, as amended by section 12, chapter 987, Oregon Laws 2001, and section 2, chapter 630, Oregon Laws 2003, is amended to read:

(2) To grant or deny renewal of licenses, and to renew licenses which have lapsed for nonpayment of the renewal fee, subject to the provisions of ORS 675.010 to 675.150.

(3) To suspend or revoke licenses, subject to ORS 675.010 to 675.150.

(4) To issue letters of reprimand, to impose probationary periods with the authority to restrict the scope of practice of a licensed psychologist or to require practice under supervision.

(5) To impose civil penalties not to exceed $1,000.

(6) To restore licenses which have been suspended or revoked or voided by nonpayment of the renewal fee.

(b) The board may collect a delinquent renewal fee for licenses renewed after the deadline for renewal but before the grace period for renewal has expired.

(8) To investigate alleged violations of ORS 675.010 to 675.150.

(10) To enforce ORS 675.010 to 675.150 and to exercise general supervision over the practice of psychology in this state.

(11) To adopt a common seal.

(14) To formulate and enforce continuing education requirements for duly licensed psychologists to insure the highest quality of professional services to the public.

(15) To deny renewal of a license, or renewal of a license that has lapsed for nonpayment of the renewal fee, unless prior to payment of the renewal fee described in subsection (7) of this section the applicant completes, or provides documentation of previous completion of:

(a) A pain management education program approved by the board and developed in conjunction with the Pain Management Commission established under ORS 409.500; or

(b) An equivalent pain management education program, as determined by the board.

(16) For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, to require the fingerprints of a person who is:

(a) Applying for a license that is issued by the board;

(b) Applying for renewal of a license that is issued by the board; or

(c) Under investigation by the board.

[(16)] (17) Subject to the applicable provisions of ORS chapter 183, to adopt reasonable rules to carry out the provisions of ORS 675.010 to 675.150.

SECTION 64. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Department of Environmental Quality may require the fingerprints of a person who:

(1) Is employed or applying for employment by the department in the department’s laboratory and is expected to be involved with the receipt, handling or analysis of samples that are associated with a credible terrorist threat and that might contain chemical agents;

(2) Provides services or seeks to provide services to the department’s laboratory as a contractor and is expected to be involved with the receipt, handling or analysis of samples that are associated with a credible terrorist threat and that might contain chemical agents;

(3) Is employed or applying for employment by the department in a position involved with the issuance, review or administration of permits for the treatment, disposal or storage of chemical warfare agents; or

(4) Provides services or seeks to provide services to the department as a contractor involved with the issuance, review or administration of permits for the treatment, disposal or storage of chemical warfare agents.

SECTION 65. ORS 267.237 is amended to read:

267.237. (1) As used in this section:

(a) “District” means a mass transit district organized under ORS 267.010 to 267.390 or a transportation district organized under ORS 267.510 to 267.650.

(b) “Qualified entity” means an individual or business or organization, whether public, private, for-profit, nonprofit or voluntary, that, under contract with a district, provides individuals to operate motor vehicles for the transportation of passengers in the public transportation system of the district.

(c) “Subject individual” means a person subject to a criminal records check as specified by resolution of a mass transit district or a transportation district.

(2) A mass transit district or a transportation district shall request [from] the Department of State Police to conduct criminal [offender information on] records checks of subject individuals if the [information is] checks are required in order to protect vulnerable Oregonians:

(a) To implement a federal or state statute, executive order or rule that expressly refers to criminal conduct and contains requirements or exclusions expressly based on such conduct;

(b) For district employment purposes when hiring individuals to operate motor vehicles of the district; or

(c) For the purposes of employment decisions made by a district for qualified entities that, under contracts with the district, employ individuals to operate motor vehicles for the transportation of passengers in the public transportation system of the district.

(3) A mass transit district that has a population of more than 500,000 may request the Department of State Police to conduct a criminal records check of a subject individual who is:

(a) Seeking employment by the district in a position that provides the individual with access to critical infrastructure or security sensitive facilities or information; or

(b) Seeking to provide services to the district that will result in the individual’s having access to critical infrastructure or security sensitive facilities or information.

[(3)] (4) In order to determine the suitability of the subject individual, a district shall require the subject individual to furnish to the district a full set of fingerprints to enable a criminal records check to be conducted. The district shall submit the completed fingerprint cards to the Department of State Police along with the applicable Oregon and Federal Bureau of Investigation processing fees. If no disqualifying record is identified at the state level, the Department of State Police shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal records check.

[(4)] (5) The Federal Bureau of Investigation shall either return or destroy the fingerprint cards used to conduct the criminal records check and shall not keep any record of the fingerprints. However, if the federal bureau policy authorizing return or destruction of the fingerprint cards is changed, a district shall cease to cause the cards to be sent to the federal bureau but shall continue to process the information through other available resources.

[(5)] (6) If the Federal Bureau of Investigation returns the fingerprint cards to the Department of State Police, the department shall [return the fingerprint cards to the district. The district shall] destroy the fingerprint cards and shall retain no facsimiles or other material from which a fingerprint can be reproduced.

(7) If only a state criminal records check is conducted, the Department of State Police shall destroy the fingerprint cards after the criminal records check is completed and the results of the criminal records check provided to the district and shall retain no facsimiles or other material from which a fingerprint can be reproduced.

[(6)] (8) The district and the Department of State Police shall permit a subject individual to inspect the individual’s own Oregon and Federal Bureau of Investigation criminal offender records after positive fingerprint identification has been made.

[(7)(a)] (9)(a) A district, using guidelines established by a resolution of the district, shall determine under this section whether a subject individual is fit to operate motor vehicles for the transportation of passengers in the public transportation system of the district or to hold a position or provide services that provide the individual with access to critical infrastructure or security sensitive facilities or information, based on the criminal [offender information] records check obtained pursuant to this section, any false statements made by the individual regarding the criminal history of the individual and any refusal to submit or consent to a criminal records check including fingerprint identification. If a subject individual is determined to be unfit, then that person shall not be allowed to operate motor vehicles for the transportation of passengers in the public transportation system of the district or to hold the position or provide services that provide the individual with access to critical infrastructure or security sensitive facilities or information.

(b) In making the fitness determination, the district shall consider:

(A) The nature of the crime;

(B) The facts that support the conviction or pending indictment or indicate the making of the false statement;

(C) The relevancy, if any, of the crime or the false statement to the specific requirements of the subject individual’s present or proposed position or employment; and

(D) Intervening circumstances relevant to the responsibilities and circumstances of the position or employment. Intervening circumstances include but are not limited to the passage of time since the commission of the crime, the age of the person at the time of the crime, the likelihood of a repetition of offenses, the subsequent commission of another relevant crime and a recommendation of an employer.

(c) A district [shall have immunity] and an employee of the district are immune from any civil liability that might otherwise be incurred or imposed for actions taken in determining pursuant to this subsection that a subject individual is fit or not fit to hold a position or be employed. A district, an employee of the district and an employer or employer’s agent who in good faith comply with this section and the decision of the district or employee of the district are not liable for the failure to hire a prospective employee or the decision to discharge an employee on the basis of the district’s or employee’s decision. [No employee of the district, a business or an organization is liable for defamation, invasion of privacy, negligence or any other civil claim in connection with the lawful dissemination of information lawfully obtained under this section.] A district and an employee of the district are immune from any civil liability for the lawful dissemination of information obtained under this section when the disclosure is:

(A) For the purpose of providing notice to the subject individual or the employer of the subject individual of a determination of fitness under this section;

(B) Required by law; or

(C) Necessary to support a claim or defense related to denying employment to the subject individual.

[(8)] (10) A district shall establish by resolution a process by which a subject individual may appeal the determination that the subject individual is disqualified for a position or employment pursuant to this section. Challenges to the accuracy or completeness of information provided by the Department of State Police, the Federal Bureau of Investigation and agencies reporting information to the department or bureau must be made through the department, bureau or agency and not through the appeal process required by this subsection.

[(9)] (11) A district shall develop a system that maintains information regarding criminal records checks in order to minimize the administrative burden that criminal records check requirements impose upon subject individuals and providers. Records maintained under this subsection for subject individuals are confidential and [shall] may not be disseminated except for the purposes of this section and in accordance with the relevant resolutions of the district. Nothing in this subsection permits a district to retain fingerprint cards of subject individuals.

[(10)] (12) A district, in consultation with the Department of State Police and affected provider groups, shall adopt resolutions to implement this section and other statutes relating to criminal offender information. The resolutions [may] shall include but [are not] need not be limited to:

(a) Specifying which employees are authorized to make criminal record inquiries;

(b) Specifying categories of subject individuals who are subject to criminal records checks;

(c) Specifying the information, including fingerprints, that may be required from a subject individual to permit a criminal records check;

(d) Specifying which services or qualified entities are subject to this section;

(e) Specifying which crimes may be considered in reviewing criminal offender information for a subject individual;

(f) Specifying when a nationwide criminal records check shall be conducted on a subject individual through the Department of State Police. The additional cost of obtaining a nationwide criminal records check and the risk to vulnerable Oregonians should be taken into consideration when enacting resolutions under this subsection;

(g) Specifying when a district, in lieu of conducting a completely new criminal records check, may proceed to make a fitness determination under this section using the information maintained by the district under subsection [(9)] (11) of this section; and

(h) Determining when a subject individual may be hired on a probationary basis pending a criminal records check. At a minimum, if there is any indication of criminal behavior by the subject individual, the resolution must require that, if the individual is hired, the individual can be hired only on a probationary basis and must be actively supervised at all times when the individual is in contact with children, the elderly or persons with disabilities.

[(11)] (13) Criminal offender information is confidential. The Department of State Police shall adopt rules to restrict dissemination of information received under this section to persons with a demonstrated and legitimate need to know the information. Any district receiving information pursuant to this section is bound by the rules of disclosure adopted by the department.

[(12) For purposes of receiving the information described in this section, a mass transit district and a transportation district are each considered to be a “designated agency” under ORS 181.010 to 181.560 and 181.715 to 181.730 and the rules adopted under ORS 181.555.]

[(13)] (14) If a subject individual refuses to consent to the criminal records check or refuses to be fingerprinted, the district or qualified entity shall deny or terminate the employment of the individual, or revoke or deny any applicable position, [service] authority to provide services or employment.

[(14)] (15) A district shall define by resolution the conditions under which subject individuals may participate in training, orientation and work activities pending completion of a criminal records check through the Law Enforcement Data System or nationwide criminal records check. At a minimum, subject individuals shall be actively supervised at all times that they are in contact with children, the elderly and persons with disabilities during such periods of training, orientation and work. Subject individuals may continue probationary employment while awaiting the nationwide criminal records check as long as the individual’s criminal records check through the Law Enforcement Data System did not result in disqualification and there are no other indications of criminal behavior.

[(15)] (16) If a district or a qualified entity requires a criminal records check of employees or other persons, the application forms of the district or qualified entity must contain a notice that employment is subject to fingerprinting and a criminal records check as required by this section.

SECTION 66. ORS 676.612 is amended to read:

676.612. (1) In the manner prescribed in ORS chapter 183 for contested cases and as specified in ORS 680.535, 687.445, 688.836, 690.167, 690.407, 690.515, 694.147 and 700.111 and section 11, chapter 547, Oregon Laws 2003, the Health Licensing Office may refuse to issue or renew, may suspend or revoke or may place on probation or otherwise sanction a holder of a certificate, permit, license or registration to practice issued by the agency for any of the following reasons:

(a) Fraud, misrepresentation, concealment of material facts or deception in applying for or obtaining an authorization to practice in this state, or in any written or oral communication to the agency concerning the issuance or retention of the authorization.

(b) Using, causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, insignia or any other representation, however disseminated or published, that is false, misleading or deceptive.

(c) Making a representation that the certificate, permit, license or registration holder knew or should have known is false or misleading regarding skill or the efficacy or value of treatment or remedy administered by the holder.

(d) Practicing under a false, misleading or deceptive name, or impersonating another certificate, permit, license or registration holder.

(e) Permitting a person other than the certificate, permit, license or registration holder to use the certificate, permit, license or registration.

(f) Practicing with a physical or mental condition that presents an unreasonable risk of harm to the practitioner or to the person or property of others in the course of performing the practitioner’s duties.

(g) Practicing while under the influence of alcohol, controlled substances or other skill-impairing substances, or engaging in the illegal use of controlled substances or other skill-impairing substances so as to create a risk of harm to the person or property of others in the course of performing the practitioner’s duties.

(h) Failing to properly and reasonably accept responsibility for the actions of employees.

(i) Employing, directly or indirectly, any suspended, uncertified, unlicensed or unregistered person to practice a regulated occupation or profession listed in ORS 676.992.

(j) Unprofessional conduct, negligence, incompetence, repeated violations or any departure from or failure to conform to standards of practice in performing services or practicing in a regulated occupation or profession listed under ORS 676.992.

(k) Conviction of any criminal offense, subject to ORS 670.280. A copy of the record of conviction, certified by the clerk of the court entering the conviction, is conclusive evidence of the conviction. A plea of no contest or an admission of guilt shall be considered a conviction for purposes of this paragraph.

(L) Failing to report any adverse action, as required by statute or rule, taken against the certificate, permit, license, or registration holder by another regulatory jurisdiction or any peer review body, health care institution, professional association, governmental agency, law enforcement agency or court for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action as described in this section.

(m) Violation of a statute regulating an occupation or profession listed in ORS 676.992.

(n) Violation of any rule regulating an occupation or profession listed in ORS 676.992.

(o) Failing to cooperate with the agency in any investigation, inspection or request for information.

(2) The agency may refuse to issue or renew, may suspend or revoke or may place on probation or otherwise sanction a holder of a certificate, permit, license or registration to practice issued by the agency for failure to pay an outstanding civil penalty that is due or for failure to meet the terms of any order issued by the agency that has become final.

(3) For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the agency may require the fingerprints of a person who is:

(a) Applying for a certificate, permit, license or registration that is issued by the agency;

(b) Applying for renewal of a certificate, permit, license or registration that is issued by the agency; or

(c) Under investigation by the agency.

[(3)] (4) If the agency places a holder of a certificate, permit, license or registration on probation under subsection (1) of this section, the agency, in consultation with the appropriate board, council or program, may determine and at any time modify the conditions of the probation.

[(4)] (5) If a certificate, permit, license or registration is suspended, the holder may not practice during the term of suspension. Upon the expiration of the term of suspension, the certificate, permit, license or registration may be reinstated by the agency if the conditions of suspension no longer exist and the holder has satisfied all requirements in the relevant statutes or administrative rules for issuance, renewal or reinstatement.

SECTION 67. The Department of Human Services and the Oregon State Board of Nursing shall enter into an interagency agreement to share the results of nationwide criminal records checks conducted under section 2 of this 2005 Act on subject individuals who are subject to criminal records checks by both the department and the board.

SECTION 68. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the State Board of Pharmacy may require the fingerprints of a person who is:

(1) Applying for a license or certificate that is issued by the board;

(2) Applying for renewal of a license or certificate that is issued by the board; or

(3) Under investigation by the board.

SECTION 69. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Public Utility Commission may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the commission; or

(b) Provides services or seeks to provide services to the commission as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(a) In which the person has access to chemicals or hazardous materials, to facilities in which chemicals and hazardous materials are present or to information regarding the transportation of chemical or hazardous materials;

(b) In which the person inspects gas or electrical lines or facilities;

(c) In which the person has access to critical infrastructure or security-sensitive facilities or information; or

(d) That has fiscal, payroll or purchasing responsibilities as one of the position’s primary responsibilities.

SECTION 70. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Oregon Student Assistance Commission may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the commission; or

(b) Provides services or seeks to provide services to the commission as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(a) In which the person has direct access to facilities where students reside or to persons under 18 years of age, elderly persons or persons with disabilities;

SECTION 71. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Oregon University System may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the Oregon University System; or

(b) Provides services or seeks to provide services to the Oregon University System as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position that is designated as a critical or security-sensitive position. As used in this subsection, “critical or security-sensitive position” means a position in which the person:

(a) Has direct access to persons under 18 years of age or to student residence facilities because the person’s work duties require the person to be present in the residence facility;

(b) Is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

(c) Has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;

(d) Has access to property where chemicals, hazardous materials and other items controlled by state or federal laws or regulations are located;

(e) Has access to laboratories, nuclear facilities or utility plants to which access is restricted in order to protect the health or safety of the public;

(f) Has fiscal, financial aid, payroll or purchasing responsibilities as one of the person’s primary responsibilities; or

(g) Has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal background information.

SECTION 72. ORS 675.595 is amended to read:

675.595. In addition to the powers otherwise granted under ORS 675.510 to 675.600, the State Board of Clinical Social Workers shall have the following powers:

(1) To determine the qualifications of applicants to practice clinical social work in this state.

(2) To cause to have examinations prepared, conducted and graded.

(3) To grant certificates or licenses to qualified applicants upon their compliance with the provisions of ORS 675.510 to 675.600 and the rules of the board.

(4) To grant or deny annual renewal of certificates or licenses and to renew certificates and licenses that have lapsed for nonpayment of the renewal fee, subject to the provisions of ORS 675.510 to 675.600.

(5) To suspend or revoke certificates or licenses, subject to ORS 675.510 to 675.600.

(6) To issue letters of reprimand or to impose probationary periods with the authority to restrict the scope of practice of a licensed clinical social worker or clinical social work associate.

(7) To require that a licensee practice under supervision.

(8) To require that a licensee obtain additional training in social work.

(9) To require that a licensee undergo psychological, physical or psychiatric assessment, enter into and remain in any prescribed treatment program and disclose the results of the treatment program to the board.

(10) To impose civil penalties not to exceed $1,000.

(11) To restore certificates or licenses that have been suspended, revoked or voided by nonpayment of the renewal fee.

(12)(a) To collect annual fees for application, examination and certification or licensing of applicants, for renewal of certificates and licenses, and for issuance of limited certificates, such fees to be used to defray the expenses of the board as provided in ORS 675.571; and

(b) To collect delinquent renewal fees as provided in ORS 675.571 (4).

(13) To investigate alleged violations of ORS 675.510 to 675.600.

(14) To issue subpoenas for the attendance of witnesses, take testimony, administer oaths or affirmations to witnesses, conduct hearings and require the production of relevant documents in all proceedings pertaining to the duties and powers of the board.

(15) To enforce 675.510 to 675.600 and exercise general supervision over the practice of clinical social work in this state.

(16) To adopt a common seal.

(17) To formulate and enforce a code of professional conduct for the practice of clinical social work giving particular consideration to the code of ethics.

(18) To formulate and enforce continuing education requirements for licensed clinical social workers to ensure the highest quality of professional services to the public.

(19) To take such other disciplinary action as the board in its discretion finds proper, including but not limited to assessment of the costs of the disciplinary process.

(20) For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, to require the fingerprints of a person who is:

(a) Applying for a license or certificate that is issued by the board;

(b) Applying for renewal of a license or certificate that is issued by the board; or

(c) Under investigation by the board.

SECTION 73. ORS 675.785 is amended to read:

675.785. The Oregon Board of Licensed Professional Counselors and Therapists has the following powers:

(1) In accordance with the applicable provisions of ORS chapter 183, the board shall adopt rules necessary for the administration of the laws the board is charged with administering.

(2) Subject to any applicable provisions of the State Personnel Relations Law, the board may appoint, prescribe the duties and fix the compensation of an administrator and other employees of the board necessary to carry out the duties of the board.

(3) The board may impose nonrefundable fees in an amount set by rule for the following:

(a) License application.

(b) First issuance of a license.

(d) Late filing of a license renewal.

(e) Renewal of registration as an intern.

(f) Examinations. Examination fees shall not exceed the costs incurred in administering the particular examination. Fees established under this subsection are subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.

(4) The board shall:

(a) Maintain a register of all current licensed professional counselors and marriage and family therapists.

(b) Annually publish a directory listing all current licensed professional counselors and marriage and family therapists. The directory shall be available to the public, for which the board may collect a publication fee.

(5) The board shall:

(a) Investigate alleged violations of the provisions of ORS 675.715 to 675.835 or rules adopted under authority of the board.

(b) Establish procedures to review the complaints of clients of licensees of the board. Upon receipt of a complaint under ORS 675.715 to 675.835 against any licensed or unlicensed person, the board shall conduct an investigation as described under ORS 676.165.

(6) The board shall report to the Legislative Assembly concerning the activities of the board during the preceding biennium.

(7) The board shall form standards committees to establish, examine and pass on the qualifications of applicants to practice professional counseling or marriage and family therapy in this state. The standards committee for professional counselors shall be made up of the professional counselors on the board, the faculty member and the public member. The standards committee for marriage and family therapists shall be made up of the marriage and family members of the board, the faculty member and the public member.

(8) The board shall grant licenses to applicants who qualify to practice professional counseling or marriage and family therapy in this state upon compliance with ORS 675.715 to 675.835 and the rules of the board.

(9) The board may administer oaths, take depositions, defray legal expenses and issue subpoenas to compel the attendance of witnesses and the production of documents or written information necessary to carry out ORS 675.715 to 675.835.

(10) The board may adopt a seal to be affixed to all licenses.

(11) The board shall adopt a code of ethics for licensees. The board may use the ethical codes of professional counseling and marriage and family therapy associations as models for the code established by the board.

(12) The board may set academic and training standards necessary under ORS 675.715 to 675.835, including, but not limited to, the adoption of rules to establish semester hour equivalents for qualification for licensing where quarter hours are required under ORS 675.715 to 675.835.

(13) The board shall require the applicant for a professional counselor license or a marriage and family therapy license to receive a passing score on an examination of competency in counseling or marriage and family therapy. The examination may be the examination given nationally to certify counselors, or in the case of marriage and family therapy, the examination approved by the Association of Marital and Family Therapy Regulatory Boards.

(14) The standards committee shall establish standards and requirements for continuing education and supervision, as appropriate. The standards and requirements shall be in effect July 1, 1992.

(15) The board shall establish a program for impaired professionals to assist licensed professional counselors and licensed marriage and family therapists to regain or retain their licensure and impose the requirement of participation as a condition to reissuance or retention of the license.

(16) For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the board may require the fingerprints of a person who is:

(a) Applying for a license that is issued by the board;

(b) Applying for renewal of a license that is issued by the board; or

(c) Under investigation by the board.

SECTION 74. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Department of Justice may require the fingerprints of a person who:

(1)(a) Is applying for employment by the department; or

(b) Provides services or seeks to provide services to the department as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position in which the person:

(a) Is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

(b) Has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations; or

(c) Has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, personal financial information or criminal background information.

SECTION 75. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the State Forestry Department may require the fingerprints of a person who:

(1)(a) Is employed or is applying for employment by the department; or

(b) Provides services or seeks to provide services to the department as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(a) That provides forest education or recreation programs for persons under 18 years of age; or

(b) In which the person investigates or fights wildland fires and the criminal records check is requested to search for crimes associated with arson.

SECTION 76. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Director of the Public Employees Retirement System may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the system; or

(b) Provides services or seeks to provide services to the system as a contractor, vendor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(d) That has mailroom duties as the primary duty or job function of the position;

(f) In which the person provides security, design or construction services for government buildings, grounds or facilities; or

(g) In which the person has responsibility for auditing within the system.

SECTION 77. ORS 181.535, 181.536, 674.170, 687.075, 696.793, 702.022 and 703.427 are repealed.

SECTION 78. If House Bill 2136 becomes law, section 4 of this 2005 Act (amending ORS 181.539) is repealed and ORS 181.539, as amended by section 27, chapter 512, Oregon Laws 2005 (Enrolled House Bill 2136), is amended to read:

(b) A person who is applying for reinstatement of a license as a teacher, administrator or personnel specialist whose license has lapsed for at least three years.

(c) A person who is applying for initial issuance of a certificate under ORS 342.475 as a school nurse.

(h) A person who is a community college faculty member providing instruction at a kindergarten through grade 12 school site during the regular school day.

(i) A person who is an employee of a public charter school.

(j) A person who is applying for initial issuance of a registration as a public charter school teacher under ORS 342.125.

[(5)] (4) As used in this section:

(a) “Private school” means a school that provides educational services as defined in ORS 345.505 and is registered as a private school under ORS 345.505 to 345.575.

[(b) “Requesting agency” means whichever agency requested the criminal offender information under subsection (1) of this section.]

[(c)] (b) “School district” means:

(A) A school district as defined in ORS 330.003.

(B) The Oregon State School for the Blind.

(D) An educational program under the Youth Corrections Education Program.

(E) A public charter school as defined in ORS 338.005.

(F) An education service district.

[(d) “Subject individual,” for purposes of requests made by the Teacher Standards and Practices Commission or the Department of Education, means:]

[(B) An individual who is applying for reinstatement of a license as a teacher, administrator or personnel specialist whose license has lapsed for at least three years.]

[(C) An individual who is applying for initial issuance of a certificate under ORS 342.475 as a school nurse.]

[(H) An individual who is a community college faculty member providing instruction at a kindergarten through grade 12 school site during the regular school day.]

[(I) An individual who is an employee of a public charter school.]

[(J) An individual who is applying for initial issuance of a registration as a public charter school teacher under ORS 342.125.]

[(f) “Subject individual,” for purposes of requests made by the Oregon Military Department, means:]

[(A) An individual who is applying for or is employed in a position in a job category for which a statewide and nationwide criminal records check is a job qualifier and in which personnel:]

[(i) Are assigned to the at-risk youth alternative education program;]

[(ii) Are issued firearms and munitions;]

[(iii) Have fiscal and purchasing responsibilities as their primary responsibilities; or]

[(iv) Have regular access to restricted areas within a military installation.]

[(B) An individual who is applying to join the organized militia of this state, as described in ORS 396.105, or is a member of the organized militia of this state.]

SECTION 79. If House Bill 2136 becomes law, ORS 396.332, as amended by section 21 of this 2005 Act, is amended to read:

396.332. For the purpose of requesting a state or nationwide criminal records check under section 2 of this 2005 Act, the Oregon Military Department may require the fingerprints of:

(1) A person who is applying for or is employed in a position in a job category for which a state or nationwide criminal records check is a job qualifier and in which personnel:

[(1)] (a) Are assigned to the at-risk youth alternative education program;

[(2)] (b) Are issued firearms and munitions;

[(3)] (c) Have fiscal and purchasing responsibilities as their primary responsibilities; or

[(4)] (d) Have regular access to restricted areas within a military installation.

(2) A person who is applying to join the organized militia of this state, as described in ORS 396.105, or is a member of the organized militia of this state.

SECTION 80. If Senate Bill 61 becomes law, section 7, chapter 447, Oregon Laws 2005 (Enrolled Senate Bill 61) (amending ORS 181.880), is repealed and ORS 181.880, as amended by section 11 of this 2005 Act, is amended to read:

(3) Upon receipt of an application for certification under ORS 181.876, the department shall forward [a copy of the application and] a complete set of the applicant’s fingerprints to the Department of State Police and request that the Department of State Police conduct a nationwide criminal records check of the applicant as provided in section 2 of this 2005 Act. Notwithstanding section 2 (5) and (6) of this 2005 Act, the Department of State Police shall maintain in the department’s files the fingerprint cards used to conduct the criminal records check.

SECTION 80a. The amendments to ORS 181.880 by section 80 of this 2005 Act become operative on January 1, 2006.

SECTION 81. If House Bill 2059 becomes law, section 1, chapter 377, Oregon Laws 2005 (Enrolled House Bill 2059) (amending ORS 677.265), is repealed.

SECTION 82. If House Bill 2102 becomes law, section 2, chapter 380, Oregon Laws 2005 (Enrolled House Bill 2102) (amending ORS 678.150), is repealed.

SECTION 83. If House Bill 2102 becomes law, section 4, chapter 380, Oregon Laws 2005 (Enrolled House Bill 2102), is repealed.

SECTION 84. If House Bill 2061 becomes law, section 1, chapter 378, Oregon Laws 2005 (Enrolled House Bill 2061) (amending ORS 684.040), is repealed and ORS 684.040 is amended to read:

684.040. (1) Any person applying for a license to practice chiropractic in this state shall make application to the State Board of Chiropractic Examiners, upon such form and in such manner as may be provided by the board. The application must be accompanied by [a] nonrefundable [fee] fees of:

(a) $150[.]; and

(b) The amount established by the board by rule under section 2 of this 2005 Act.

(2) Each applicant shall furnish to the board:

(a) Evidence satisfactory to the board of the applicant’s good moral character.

(b) A certificate of proficiency in the fundamental sciences (Part I, taken subsequent to January 1, 1971) issued to the applicant by the National Board of Chiropractic Examiners.

(c) Evidence of successful completion of at least two years of liberal arts and sciences study, in any college or university accredited by either the Northwest Association of Schools and Colleges or a like regional association or in any college or university in Oregon approved for granting degrees by the Oregon Student Assistance Commission.

(d) A diploma and transcript, certified by the registrar, or other documents satisfactory to the board evidencing graduation from a chiropractic school or college approved by the board under the board’s academic standards, or from a school accredited by the Council on Chiropractic Education or its successor agency, under standards that are accepted and adopted biennially by the board in the version applied to that school by the accrediting agency.

(e) A statement of any other health care provider license in this state held by the applicant, with identifying information required by the board.

(3) The board may waive the requirements of subsection (2)(c) of this section for any applicant for a license to practice chiropractic if the applicant is licensed in another state and practiced chiropractic in that state, but the applicant must pass the examination authorized by ORS 684.050 or by ORS 684.052.

SECTION 84a. The amendments to ORS 684.040 by section 84 of this 2005 Act become operative on January 1, 2006.

SECTION 84b. If House Bill 2061 becomes law, section 2, chapter 378, Oregon Laws 2005 (Enrolled House Bill 2061) (amending ORS 684.100), is repealed and ORS 684.100, as amended by section 45 of this 2005 Act, is amended to read: