For the purpose of requesting a state or nationwide criminal records check under ORS § 181A.195, the Real Estate Commissioner may require the fingerprints of an individual who:

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(1) Is applying for a license, or renewal of a license, under this chapter; or

(2)(a)(A) Is employed or applying for employment by the Real Estate Agency; or

(B) Provides services or seeks to provide services to the Real Estate Agency as a contractor or volunteer; and

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

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

(B) In which the individual has access to information that state or federal laws, rules or regulations prohibit disclosing or define as confidential;

(C) That has payroll functions or in which the individual 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 a primary duty or job function;

(E) That has personnel or human resources functions as a primary responsibility;

(F) In which the individual has access to Social Security numbers, dates of birth or criminal background information of employees or members of the public; or

(G) In which the individual has access to tax or financial information about individuals or business entities. [1989 c.724 § 14; 2005 c.730 § 40; 2007 c.619 § 4]

[1989 c.724 § 15; repealed by 2005 c.730 § 77]