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Oregon Bulletin

March 1, 2012

Department of Public Safety Standards and Training, Chapter 259

Rule Caption: Clarify the private investigator licensure exemption identified in ORS 703.411(1).

Adm. Order No.: DPSST 1-2012(Temp)

Filed with Sec. of State: 2-6-2012

Certified to be Effective: 2-6-12 thru 7-31-12

Notice Publication Date:

Rules Adopted: 259-061-0018

Subject: This temporary rule clarifies the interpretation of the exception to the private investigator licensure requirement that is identified in ORS 703.411(1). “A person who is employed exclusively by one employer in connection with the affairs of that employer” is explained to be a person who has one, exclusive employer and who conducts business on behalf of that employer only. The exception does not cover a person who conducts investigations on behalf of the employer’s clients.

 The rule, upon effect, is retroactive to the date in which the Department of Public Safety Standards and Training began relying on Department of Justice advice (August 9, 2011.)

Rules Coordinator: Linsay Hale—(503) 378-2431

259-061-0018

Prohibited Acts

(1) A person may not act as an investigator or represent that the person is an investigator unless that person is licensed under ORS 703.430 and these rules.

(2) Exemptions: Persons described in ORS 703.411 are exempt from regulation as private investigators.

(3) For the purposes of ORS 703.411(1), a person is “employed exclusively by one employer in connection with the affairs of that employer only” when;

(a) The person has one, exclusive employer; and

(b) The person conducts investigations on behalf of that employer only. This subsection does not apply to a person who conducts investigations on behalf of the employer’s clients.

(c) This rule applies as of August 9, 2011.

Stat. Auth.: ORS 703.430, 703.480
Stats. Implemented: ORS 703.430, 703.480
Hist.: DPSST 1-2012(Temp), f. & cert. ef. 2-6-12 thru 7-31-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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