Criminal background check for technicians; rules

(1) A criminal background check is required to determine the eligibility of a person seeking employment as an ignition interlock device technician in this state. A service center shall conduct a fingerprint-based criminal background check before hiring or contracting with an individual as an ignition interlock device technician. The service center shall request that the Department of State Police conduct the fingerprint-based criminal background check by reviewing state and federal databases including, but not limited to, the: (a) Oregon computerized criminal history system; (b) Law Enforcement Data System; (c) Databases maintained by the Federal Bureau of Investigation; and (d) National Crime Information Center. (2) The purpose of a criminal background check is to preserve safety and prevent criminal acts by determining whether an individual is eligible to be employed as an ignition interlock device technician. A person is ineligible if the person has been convicted of: (a) Except as provided in paragraph (b) of this subsection, a misdemeanor in any jurisdiction within two years of the date of the criminal background check; (b) Misdemeanor driving while under the influence of intoxicants in violation of ORS 813.010 or the statutory counterpart in another jurisdiction within five years of the date of the criminal background check; or (c) A felony in any jurisdiction within 10 years of the date of the criminal background check. (3) The department shall communicate whether the individual passed or failed the criminal background check conducted under this section to the service center requesting the check. (4) The department shall prescribe by rule the process for obtaining a criminal background check by the department or, if the department is unable to conduct the check, by the service center requesting the criminal background check. (5) If the criminal background check conducted by the department or a service center reveals that the individual who is the subject of the criminal background check has been convicted of any of the crimes described in subsection (2) of this section, the service center may not employ the individual as an ignition interlock device technician.