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DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING

 

DIVISION 8

EMPLOYMENT, TRAINING, AND CERTIFICATION

259-008-0000

Policies and Objectives

(1) The Board and Department adopt the following policies in response to ORS 181.630:

(a) The Board and Department exist to develop talented individuals into public safety providers who are:

(A) Culturally competent;

(B) Ethically, physically and emotionally fit; and

(C) Well trained, highly skilled and responsive to the needs of their communities.

(b) The Board and Department will promote the safety, efficiency, effectiveness, self-sufficiency and competence of public safety agencies and professionals.

(c) The Board and Department will encourage participation among public and private security, law enforcement, telecommunications and corrections organizations, the related organizations with whom they work as well as the interests of the communities they serve.

(d) The Board and Department will work together on matters related to public safety standards, training and certification.

(e) The Board may adopt or approve any policy, standard or minimum requirement related to public safety certifications and training.

(f) The Department may administer operations and procedures and implement or apply the policies and standards of the Board.

(g) The Department is a full department of the state.

(2) The objectives of the Board and Department are:

(a) To improve public safety services in Oregon by raising the level of competence of public safety personnel and their support staffs:

(A) By setting minimum standards for all levels of career development in areas such as employment; promotion; education; physical, emotional, intellectual, and moral fitness; and any other matter that relates to the competence and reliability of a person seeking employment or promotion within public safety.

(B) By setting minimum standards for training and certifying public safety personnel for all levels of professional development, basic through executive;

(C) By providing, sponsoring, certifying or coordinating training courses for public safety personnel.

(b) To conduct and stimulate research to improve the police, fire service, corrections, adult parole and probation, emergency medical dispatch and telecommunicator professions.

Stat. Auth.: ORS 181.630 & 181.640
Stats. Implemented: ORS 181.630 & 181.640
Hist.: PS 12, f. & ef. 12-19-77; PS 1-1979, f. 10-1-79, ef. 10-3-79; PS 1-1983, f. & ef. 12-15-83; Renumbered from 259-010-0000, PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 22-2002, f. & cert. ef. 11-18-02; DPSST 14-2009, f. & cert. ef. 12-15-09; DPSST 11-2015, f. 6-23-15, cert. ef. 7-1-15

259-008-0005

Definitions

(1) “Academy Training Division” means the division of the Department which coordinates and facilitates criminal justice training courses to include the development, evaluation, and validation of curriculum and training.

(2) "Assistant Department Head" means a public safety officer employed in the first position subordinate to a Department Head who is primarily responsible for supervision of middle managers and supervisors.

(3) "Board" means the Board on Public Safety Standards and Training.

(4) "Casual employment" means employment that is occasional, irregular, or incidental for which the employee does not receive seniority rights or fringe benefits.

(5) "Certified Reserve Officer" means a reserve officer who has been designated by a local law enforcement unit, has received training necessary for certification and has met the minimum standards and training requirements established under ORS 181A.410.

(6) "Commissioned" means being authorized to perform various acts or duties of a police officer, certified reserve officer or reserve officer and acting under the supervision and responsibility of a county sheriff or as otherwise provided by law.

(7) "Community College" means a public institution operated by a community college district for the purpose of providing courses of study limited to not more than two years full-time attendance and designed to meet the needs of a geographical area by providing educational services, including, but not limited to, vocational or technical education programs or lower division collegiate programs.

(8) "Corrections Officer" means an officer or member employed full-time by a law enforcement unit who:

(a) Is charged with and primarily performs the duty of custody, control or supervision of individuals convicted of or arrested for a criminal offense and confined in a place of incarceration or detention other than a place used exclusively for incarceration or detention of juveniles;

(b) Has been certified as a corrections officer described in paragraph (a) of this subsection and has supervisory or management authority for corrections officers as described in paragraph (a) of this subsections; or

(c) Is any full-time employee of the Department who possesses the requisite qualifications and is so certified pursuant to ORS 181A.520.

(9) "Department" and “DPSST” means the Department of Public Safety Standards and Training.

(10) "Department Head" means the chief of police, sheriff, or chief executive of a law enforcement unit or a public or private safety agency directly responsible for the administration of that unit or agency.

(11) "Director" means the Director of the Department of Public Safety Standards and Training.

(12) "Educational Credits" are credits earned for studies satisfactorily completed at an accredited post-secondary education institution recognized under OAR 259-008-0045.

(13) "Emergency Medical Dispatcher" means a person who has responsibility to process requests for medical assistance from the public or to dispatch medical care providers.

(14) "First-Level Supervisor" means a public safety officer employed in a position between the operational level and the middle manager, who is primarily responsible for the direct supervision of subordinates. A first level supervisor position does not include a position with limited or acting supervisory responsibilities.

(15) "Full-time employment" means the employment of a person who has the responsibility for, and is paid to perform the duties of a public safety professional for more than 80 hours per month for a period of more than 90 consecutive calendar days. For purposes of this rule, any employment that meets the definition of seasonal, casual, or temporary employment is not considered full-time employment as a public safety professional.

(16) "High School" is a school accredited as a high school by the Oregon Department of Education, a school accredited as a high school by the recognized regional accrediting body, or a school accredited as a high school by the state university of the state in which the high school is located.

(17) “Instructor” means an individual who has completed the requisite training and certification requirements prescribed by statute, rule, and policy and has been certified by the Department. The Department will only certify instructors who instruct mandated courses.

(18) "Law Enforcement Officers" means police, corrections, parole and probation officers and regulatory specialists as described in the Public Safety Standards and Training Act.

(19) "Law Enforcement Unit" means:

(a) A police force or organization of the state, a city, university that has established a police department under ORS 352.383 or 353.125, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, tribal governments as defined in section 1, chapter 644, Oregon Laws 2011, that employs authorized tribal police officers as defined in section 1, chapter 644, Oregon Laws 2011, the Criminal Justice Division of the Department of Justice, the Department of Corrections, the Oregon State Lottery Commission, the Security and Emergency Preparedness Office of the Judicial Department or common carrier railroad the primary duty of which, as prescribed by law, ordinance, or directive, is any one or more of the following:

(A) Detecting crime and enforcing the criminal laws of this state or laws or ordinances relating to airport security;

(B) The custody, control, or supervision of individuals convicted of or arrested for a criminal offense and confined to a place of incarceration or detention other than a place used exclusively for incarceration or detention of juveniles; or

(C) The control, supervision, and reformation of adult offenders placed on parole or sentenced to probation and investigation of adult offenders on parole or probation or being considered for parole or probation.

(b) A police force or organization of a private entity with a population of more than 1,000 residents in an unincorporated area the employees of which are commissioned by a county sheriff;

(c) A district attorney’s office;

(d) The Oregon Liquor Control Commission with regard to regulatory specialists; or

(e) A humane investigation agency as defined in ORS 181.433.

(20) "Leave" means an authorized absence granted to a public safety professional by their employing public or private safety agency.

(21) “Limited Duration, Administrative Position” means a non-elected, certifiable public safety position where the primary duties relate to the administration, operation, and accountability of a public safety agency, including, but not limited to, the responsibility for command assignments and the supervision of subordinate managers.

(a) Primary duties are regular or recurring supervisory or managerial duties that are performed in a continuous manner and are the foundation of a limited duration, administrative position.

(b) Non-supervisory or non-managerial public safety duties, such as patrol, criminal investigations, or enforcement actions are not primary duties of a limited duration, administrative position.

(22) "Middle Manager" means a public safety officer working in a position that is between a first-level supervisor and a department head, who is primarily responsible for management and command duties. A middle manager position does not include a position with limited or acting middle management duties.

(23) "Part-time Employment" means the employment of a person who has the responsibility for, and is paid to perform the duties of a public safety professional for 80 hours or less per month for a period of more than 90 consecutive calendar days.

(24) "Parole and Probation Officer" means:

(a) An officer who is employed full-time by the Department of Corrections, a county or a court and who is charged with and performs the duty of:

(A) Community protection by controlling, investigating, supervising, and providing or making referrals to reformative services for adult parolees or probationers or offenders on post-prison supervision; or

(B) Investigating adult offenders on parole or probation or being considered for parole or probation; or

(b) Any officer who:

(A) Is certified and has been employed as a full-time parole and probation officer for more than one year;

(B) Is employed part-time by the Department of Corrections, a county or a court; and

(C) Is charged with and performs the duty of:

(i) Community protection by controlling, investigating, supervising, and providing or making referrals to reformative services for adult parolees or probationers or offenders on post-prison supervision; or

(ii) Investigating adult offenders on parole or probation or being considered for parole or probation; or

(c) A full-time employee of the Department who possesses requisite qualifications and is so certified pursuant to ORS 181A.520.

(25) "Police Officer" means:

(a) An officer, member or employee of a law enforcement unit employed full-time as a peace officer who is:

(A) Commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, tribal government as defined in section 1, chapter 644, Oregon Laws 2011, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission, a university that has established a police department under ORS 352.383 or 353.125, the Governor or the Department of State Police; and

(B) Responsible for enforcing the criminal laws of this state or laws or ordinances relating to airport security;

(b) An investigator of a district attorney’s office if the investigator is or has been certified as a peace officer in this or another state;

(c) An authorized tribal police officer as defined in section 1, chapter 644, Oregon Laws 2011;

(d) A humane special agent commissioned under ORS 181.443;

(e) A judicial marshal appointed under ORS 1.177 who is trained pursuant to ORS 181.647; or

(f) Any full-time employee of the Department who possesses the requisite qualifications and is so certified pursuant to ORS 181A.490.

(26) "Public or private safety agency" means:

(a) A law enforcement unit; or

(b) A unit of state or local government, a special purpose district or a private firm that provides, or has authority to provide, police, ambulance or emergency medical services.

(27) “Public Safety Personnel” and “Public Safety Officer” include corrections officers, emergency medical dispatchers, parole and probation officers, police officers, certified reserve officers, reserve officers, telecommunicators and regulatory specialists.

(28) “Public Safety Professional” includes public safety personnel, public safety officers, and instructors.

(29) "Regulations" mean written directives established by the Department or its designated staff describing training activities and student procedures at the Oregon Public Safety Academy.

(30) “Regulatory Specialist” means a full-time employee of the Oregon Liquor Control Commission (OLCC) who is authorized to act as an agent of the OLCC in conducting inspections or investigations, making arrests and seizures, aiding in prosecutions for offenses, issuing citations for violations and otherwise enforcing Chapter 471, ORS 474.005 to 474.095 and 474.115, OLCC rules and any other statutes the OLCC considers related to alcoholic liquor or marijuana.

(31) "Reimbursement" is the money allocated from the Police Standards and Training Account, established by ORS 181A.665, to a law enforcement unit meeting the requirements of these regulations to defray the costs of officer salaries, relief duty assignments, and other expenses incurred while officers attend approved training courses certified by the Department.

(32) "Reserve Officer" means an officer or member of a law enforcement unit who is:

(a) A volunteer or employed less than full time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, tribal government as defined in section 1, chapter 644, Oregon Laws 2011, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission, a university that has established a police department under ORS 352.383 or 353.125, the Governor, or the Department of State Police;

(b) Armed with a firearm; and

(c) Responsible for enforcing the criminal laws and traffic laws of this state or laws or ordinances relating to airport security.

(33) "Seasonal Employment" means employment that can be carried on only at certain seasons or fairly definite portions of the year, with defined starting and ending dates based on a seasonally determined need.

(34) "Staff" means those employees occupying full-time, part-time, or temporary positions with the Department.

(35) “Standards and Certification” means the division of the Department which implements and regulates compliance with Board-established, statewide standards for public safety professionals. Standards and Certification oversees the issuance, maintenance, denial, suspension or revocation of public safety certifications.

(36) “Suspension” means the administrative inactivation of a certificate issued by the Department until maintenance requirements or other administrative requirements for certification are met and certification is restored.

(37) "Telecommunicator" means:

(a) A person employed as an emergency telephone worker as defined in ORS 243.736 or a public safety dispatcher whose primary duties are receiving, processing and transmitting public safety information received through a 9-1-1 emergency reporting system as defined in ORS 403.105; or

(b) A full-time employee of the Department who possesses the requisite qualifications and is so certified pursuant to ORS 181A.520.

(38) "Temporary employment" means employment that lasts no more than 90 consecutive calendar days and is not permanent.

(39) "The Act" refers to the Public Safety Standards and Training Act (ORS 181A.355 to 181A.265).

(40) "Waiver" means to refrain from pressing or enforcing a rule.

Stat. Auth.: ORS 181A.410
Stats. Implemented: ORS 181A.410
Hist.: PS 12, f. & ef. 12-19-77; PS 1-1979, f. 10-1-79, ef. 10-3-79; PS 1-1983, f. & ef. 12-15-83; PS 1-1985, f. & ef. 4-24-85; Renumbered from 259-010-0010, PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 2-1996, f. 5-15-96, cert. ef. 5-20-96; PS 3-1997, f. 3-20-97, cert. ef. 3-25-97; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 7-2000, f. & cert. ef. 9-29-00; BPSST 11-2000, f. 11-13-00, cert. ef. 11-15-00; BPSST 22-2002, f. & cert. ef. 11-18-02; DPSST 5-2004, f. & cert. ef. 4-23-04; DPSST 12-2006, f. & cert. ef. 10-13-06; DPSST 3-2007, f. & cert. ef. 1-12-07; DPSST 7-2010, f. 7-15-10, cert. ef. 8-1-10; DPSST 6-2012, f. & cert. ef. 3-27-12; DPSST 24-2012, f. & cert. ef. 10-26-12; DPSST 31-2012, f. & cert. ef. 12-27-12; DPSST 1-2014, f. & cert. ef. 1-2-14; DPSST 5-2014, f. & cert. ef. 1-29-14; DPSST 7-2015, f. & cert. ef. 3-24-15; DPSST 11-2015, f. 6-23-15, cert. ef. 7-1-15; DPSST 18-2015, f. 12-22-15, cert. ef. 1-1-16; DPSST 4-2016, f. 3-22-16, cert. ef. 4-1-16

259-008-0010

Minimum Standards for Employment as a Law Enforcement Officer or Utilization as a Reserve Officer

(1) Citizenship.

(a) A person may not be employed as a corrections officer for more than one year unless the person is a citizen of the United States.

(b) A person may not be employed as a police officer, parole and probation officer or a regulatory specialist for more than 18 months unless the person is a citizen of the United States.

(c) The citizenship requirement found in (b) does not apply to a person employed as a regulatory specialist on March 16, 2012, who continues full-time employment as a regulatory specialist without a lapse.

(2) Age. No law enforcement unit in this state may employ or utilize any person under the age of 21 years as a police officer, corrections officer, parole and probation officer, regulatory specialist or reserve officer.

(3) Fingerprints. Within 90 days of the date of employment in a certifiable position, each law enforcement officer must be fingerprinted on a standard applicant fingerprint card.

(a) The hiring agency is responsible for fingerprinting and must forward one card to the Oregon State Police Identification Services Section for processing and the assignment of an identification number.

(b) If any procedural change is made by either the Federal Bureau of Investigation or the Oregon State Police Identification Services Section, the Department must comply with the most current requirements.

(c) Applications for certification will not be processed until an applicant’s fingerprints have cleared Oregon State Police Identification Services.

(4) Criminal Records. No law enforcement officer may have been convicted:

(a) In this state or any other jurisdiction, of a crime designated under the law where the conviction occurred as being punishable as a felony or as a crime for which a maximum term of imprisonment of more than one year may be imposed;

(b) Of violating any law involving the unlawful use, possession, delivery, or manufacture of a controlled substance, narcotic, or dangerous drug;

(c) In this state of violating any law subject to denial or revocation as identified in OAR 259-008-0070 or has been convicted of violating the statutory counterpart of any of those offenses in any other jurisdiction.

(5) Notification of Conviction:

(a) A law enforcement officer who is convicted of a crime, as identified in OAR 259-008-0070, while employed by a public or private safety agency must notify the agency head within 72 hours of the conviction.

(b) When an agency receives notification of a conviction from its employee, or another source, they must notify the Department within five business days. The notification to the Department must be in writing and include the specific charges of the conviction, the county and state where the conviction occurred, the investigating agency and the date of the conviction.

(6) Moral Fitness (Professional Fitness). All law enforcement officers must be of good moral fitness. For purposes of this standard, lack of good moral fitness includes, but is not limited to:

(a) Mandatory disqualifying misconduct as described in OAR 259-008-0070(3); or

(b) Discretionary disqualifying misconduct as described in OAR 259-008-0070(4).

(7) Education:

(a) Applicants for the position of a law enforcement officer will be required to furnish documentary evidence of one of the following:

(A) High School diploma;

(B) Successful completion of the General Educational Development (GED) Test; or

(C) A four-year, post-secondary degree issued by an accredited, degree-granting college or university recognized by the Oregon Office of Degree Authorization under the provisions of ORS 348.604.

(i) For the purpose of determining high school graduation level as required by these rules, the applicant must have achieved a score no less than that required by the Oregon Board of Education before issuing an Oregon GED certificate.

(ii) Applicants holding a GED from another state may be required to obtain an Oregon certificate at the discretion of the Department.

(b) Evidence of the above must consist of official transcripts, diplomas, or GED test report forms. Other documentation may be accepted, at the discretion of the Department.

(c) Academic Proficiency Standard. Before beginning basic training or beginning the career officer development course, each applicant must provide evidence to DPSST that the applicant possesses the academic tools necessary to successfully complete basic training.

(A) The hiring agency is responsible for ensuring a law enforcement proficiency test or validated written test designed to evaluate predictors of job-related skills and behaviors has been administered. The hiring agency must verify the completion of the test and report the date of completion to the Department on a Form F-5 (Application for Training) prior to the applicant being admitted to basic training.

(B) Individuals submitting transcripts verifying that they possess at least a four-year academic degree from an institution recognized by the Department under the provisions of OAR 259-008-0045 are exempt from this testing requirement.

(C) Individuals who have successfully completed training resulting in the award of certification in the discipline they are applying for training are exempt from this testing requirement. Individuals must submit proof of training and certification.

(8) Physical Standards.

(a) Prior to admittance into a basic training course, as described in OAR 259-008-0025, all law enforcement officers or applicants must demonstrate the physical abilities to perform the critical and essential tasks of a law enforcement officer.

(A) The critical and essential tasks for law enforcement officers have been determined by the following:

(i) The 2015 DPSST Job Task Analysis for Police Officers;

(ii) The 2011 DPSST Job Task Analysis for Parole & Probation Officers;

(iii) The 2012 DPSST Job Task Analysis for Corrections Officers; and

(iv) The 2013 Job Task Analysis for Liquor Enforcement Inspectors.

(b) The following minimum physical standards are required for all law enforcement officers:

(A) Visual Acuity.

(i) Monocular vision must be at least 20/30 (Snellen) corrected in each eye and not worse than 20/100 (Snellen) uncorrected in either eye.

(ii) Binocular vision must be at least 20/20 (Snellen) corrected.

(iii) Officers or applicants whose uncorrected vision is worse than 20/100 must wear soft contact lenses to meet the corrected vision requirement.

(B) Color Vision.

(i) Law enforcement officers or applicants must be able to distinguish red, green, blue, and yellow, as determined by the HRR Test, 4th Edition.

(ii) Red or green deficiencies may be acceptable, providing the officer or applicant can read at least nine of the first 13 plates of the Ishihara Test.

(iii) Officers or applicants who fail to meet the color vision standard may meet the standard by demonstrating that they can correctly discriminate colors via a field test conducted by the employer as approved by the examining licensed physician or surgeon.

(C) Depth Perception. Random Stereo Test equal to 60 seconds of arc or better.

(D) Peripheral Vision. Visual Field Performance must be 140 degrees in the horizontal meridian combined.

(E) Hearing.

(i) Law enforcement officers or applicants must have no average hearing loss greater than 25 decibels (db) at the 500, 1,000, 2,000 and 3,000-Hertz levels in either ear with no single loss in excess of 40 db.

(ii) Law enforcement officers or applicants who fail to meet the hearing standard must be examined by a licensed audiologist or otorhinolaryngologist to determine if an amplification device will allow them to meet the hearing standard.

(iii) An amplification device may be used to meet the hearing standard, if a licensed audiologist or otorhinolaryngologist determines an amplification device will allow the officer or applicant to meet the hearing standard.

(F) Cardiovascular.

(i) Resting blood pressure must be less than or equal to 160 mmHg systolic and 100 mmHg diastolic.

(ii) Law enforcement officers or applicants who fail to meet the cardiovascular standards must be examined by a general practitioner to address the issue.

(iii) Law enforcement officers or applicants who have a history of organic cardiovascular disease will necessitate further medical evaluation.

(G) Pulmonary Capacity. Officers and applicants with obstructive or restrictive spirograms (FVC or FEV1 less than 80% or FVC/FEV1 ratio of less than 70%) require further evaluation.

(H) Medications. The side effects of any prescribed medication must not interfere with the law enforcement officer’s or applicant’s ability to perform the critical and essential tasks of the job.

(I) Medical Recommendations.

(i) It is recommended that officers or applicants with a history of seizures or diabetes be evaluated following American College of Occupational and Environmental Medicine’s Guidance for the Medical Evaluation of Law Enforcement Officers, to include post-employment monitoring.

(ii) It is recommended that officers or applicants with a history of hypertension (resting blood pressure exceeding 160 mmHg systolic and 100 mmHg diastolic (160/100) have post-employment medical monitoring.

(9) Medical Examinations.

(a) To ensure that law enforcement officers and applicants meet the minimum physical standards listed in section (8) of this rule, all officers and applicants must be examined by a licensed physician or surgeon.

(A) The licensed physician or surgeon performing the medical examination must be provided with a current DPSST Medical Examination Report (Form F-2) for completion at the time of the examination.

(B) The medical examination must conform to applicable standards of the Americans with Disabilities Act (ADA) Title 42 USC 1210.

(C) The medical examination must be completed within 180 days prior to the start of employment as a law enforcement officer.

(D) Upon completion of the medical examination, the examining licensed physician or surgeon must sign the final page of the Form F-2 (Form F-2A) attesting that the officer or applicant has met or has not met the minimum physical standards listed in section (8) of this rule.

(E) The Form F-2A must be submitted to the Department no later than 90 days after the start of employment.

(F) Law enforcement officers and applicants will not be admitted into a basic course until the Department receives a Form F-2A attesting that the minimum physical standards have been met or a physical standard waiver has been granted, as described in section (10) of this rule.

(G) DPSST may require that a law enforcement officer or applicant take a subsequent examination by a licensed physician or surgeon of the Department’s choice at the expense of the officer, the applicant or the hiring agency.

(H) Certified individuals who are hired into a discipline they are not certified for are required to successfully complete a new physical examination.

(I) A law enforcement officer whose certification has lapsed will be required to complete a new medical examination prior to re-applying for certification.

(J) Individuals employed in a limited duration, administrative position, as described in OAR 259-008-0078, are exempt from the medical examination requirement.

(K) Regulatory Specialists employed by OLCC prior to July 1, 2015 who have previously completed OLCC basic training are exempt from completion of the physical examination.

(10) Physical Standard Waivers.

(a) An individual or department head may request a waiver of any physical standard in section (8) of this rule by:

(A) Submitting a request to the Department in writing; and

(B) Providing documentation or pertinent testimony that supports the physical standard waiver request.

(C) If further clarification is needed, the Department may require additional documentation or testimony from the individual or department head requesting the physical standard waiver.

(D) The requesting individual may be required to demonstrate the ability to perform the critical and essential job tasks.

(E) If the Department finds that the physical standard waiver request would not prohibit the requesting individual’s ability to successfully complete training and the performance of the critical and essential tasks, the waiver will be granted.

(F) Any expense associated with providing physical standard wavier documentation or testimony will be the responsibility of the requesting individual or the requesting agency.

(G) If an individual requests and is granted a medical waiver, but does not obtain employment within one year from the date the waiver is granted, the waiver will be void.

(H) If the Department denies a request for a waiver of any physical standard in section (8) of this rule, the Department will issue Notice and proceed as provided in section (10)(b) of this rule.

(b) Contested Case Hearing Process for Denial of Physical Standard Waivers.

(A) Initiation of Proceedings: A contested case notice will be prepared when the Department denies a physical standard waiver after determining that factual data meeting the statutory and administrative rule requirements justifies the denial.

(B) Contested Case Notice: The contested case notice will be prepared in accordance with the applicable provisions of the Attorney General's Model Rules of Procedure adopted under OAR 259-005-0015.

(C) Response Time: A party who has been served with a "Contested Case Notice of Intent to Deny a Waiver" has 60 days from the date of mailing or personal service of the notice in which to file a written request for a hearing with the Department.

(D) Default Order: If a timely request for a hearing is not received, the Contested Case Notice will become a final order denying the requested waiver pursuant to OAR 137-003-0672.

(E) Hearing Request: If a timely request for a hearing is received, the Department will refer the matter to the Office of Administrative Hearings in accordance with OAR 137-003-0515.

(F) Proposed and Final Orders: In cases where a hearing is requested, proposed orders, exceptions, and final orders will be issued pursuant to the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 181A.410, 183.341
Stats. Implemented: 181A.410, 183.341
Hist.: PS 12, f. & ef. 12-19-77; PS 1-1981, f. 9-26-81, ef. 11-2-81; PS 1-1983, f. & ef. 12-15-83; PS 1-1985, f. & ef. 4-24-85; PS 1-1987, f. & ef. 10-26-87; Renumbered from 259-010-0015, PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 2-1996, f. 5-15-96, cert. ef. 5-20-96; PS 4-1997, f. 3-20-97, cert. ef. 3-25-97; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 1-1999, f. & cert. ef. 3-9-99; BPSST 9-2000, f. 11-13-00, cert. ef. 11-15-00; BPSST 3-2001, f. & cert. ef. 8-22-01; BPSST 12-2001(Temp), f. & cert. ef. 10-26-01 thru 4-5-02; BPSST 5-2002(Temp), f. 4-3-02, cert. ef. 4-6-02 thru 8-1-02; BPSST 16-2002, f. & cert. ef. 7-5-2002; BPSST 20-2002, f. & cert. ef. 11-21-02; DPSST 3-2003, f. & cert. ef. 1-22-03; DPSST 6-2003, f. & cert. ef. 4-11-03; DPSST 8-2003, f. & cert. ef. 4-18-03; DPSST 14-2003, f. & cert. ef. 12-22-03; DPSST 3-2006, f. & cert. ef. 2-28-06; DPSST 12-2006, f. & cert. ef. 10-13-06; DPSST 10-2007, f. & cert. ef. 10-15-07; DPSST 13-2007(Temp), f. & cert. ef. 11-1-07 thru 4-18-08; DPSST 1-2008(Temp), f. & cert. ef. 1-15-08 thru 4-18-08; DPSST 4-2008, f. & cert. ef. 4-15-08; DPSST 21-2008, f. 12-15-08, cert. ef. 1-1-09; DPSST 10-2009, f. & cert. ef. 9-21-09; DPSST 9-2011, f. & cert. ef. 6-28-11; DPSST 14-2011, f. 9-26-11, cert. ef. 10-1-11; DPSST 18-2012, f. & cert. ef. 8-27-12; DPSST 19-2012, f. & cert. ef. 8-31-12; DPSST 18-2013, f. & cert. ef. 7-23-13; DPSST 1-2014, f. & cert. ef. 1-2-14; DPSST 13-2014, f. & cert. ef. 6-24-14; DPSST 32-2014, f. 12-29-14, cert. ef. 1-1-15; DPSST 7-2015, f. & cert. ef. 3-24-15; DPSST 11-2015, f. 6-23-15, cert. ef. 7-1-15; DPSST 18-2015, f. 12-22-15, cert. ef. 1-1-16; DPSST 4-2016, f. 3-22-16, cert. ef. 4-1-16

259-008-0011

Minimum Standards for Employment as a Telecommunicator and Emergency Medical Dispatcher

(1) Fingerprints. Within 90 days of the date of employment in a certifiable position, each telecommunicator and emergency medical dispatcher must be fingerprinted on a standard applicant fingerprint card.

(a) If the hiring agency is a public agency, it is responsible for fingerprinting and forwarding one fingerprint card to the Oregon State Police Identification Services Section for processing and the assignment of an identification number.

(b) If the hiring agency is a private agency, it is responsible for fingerprinting and forwarding one fingerprint card to the Department along with the appropriate fee.

(c) Applications for certification will not be processed until an applicant’s fingerprints have cleared Oregon State Police Identification Services.

(d) If any procedural change is made by either the Federal Bureau of Investigation or the Oregon State Police Identification Services Section, the Department will comply with the most current requirements.

(2) Criminal Records. No telecommunicator or emergency medical dispatcher will have been convicted:

(a) In this state or any other jurisdiction, of a crime designated under the law where the conviction occurred as being punishable as a felony or as a crime for which a maximum term of imprisonment of more than one (1) year may be imposed;

(b) Of violating any law involving the unlawful use, possession, delivery, or manufacture of a controlled substance, narcotic, or dangerous drug;

(c) In this state of violating any law subject to denial or revocation as identified in OAR 259-008-0070 or has been convicted of violating the statutory counterpart of any of those offenses in any other jurisdiction.

(3) Notification of Conviction:

(a) A telecommunicator or emergency medical dispatcher who is convicted of a crime as identified in OAR 259-008-0070 while employed by a public or private public safety agency must notify the agency head within 72 hours of conviction.

(b) When an agency receives notification of a conviction from its employee or another source, they must notify the Department within five (5) business days. The notification to the Department must be in writing and include the specific charges of the conviction, the county and state where the conviction occurred, the investigating agency and the date of conviction.

(4) Moral Fitness (Professional Fitness). All telecommunicators and emergency medical dispatchers must be of good moral fitness. For purposes of this standard, lack of good moral fitness includes, but is not limited to:

(a) Mandatory disqualifying misconduct as described in OAR 259-008-0070(3); or

(b) Discretionary disqualifying misconduct as described in OAR 259-008-0070(4).

(5) Education:

(a) Applicants for the position of a telecommunicator or emergency medical dispatcher will be required to furnish documentary evidence of one of the following:

(A) High School diploma;

(B) Successful completion of the General Educational Development (GED) Test; or

(C) A four-year, post-secondary degree issued by a degree-granting college or university accredited by a recognized national or regional accrediting body, or recognized by the Oregon Office of Degree Authorization under the provisions of ORS 348.604.

(i) For the purpose of determining high school graduation level as required by these rules, the applicant must have achieved a score no less than that required by the Oregon Board of Education before issuing an Oregon GED certificate.

(ii) Applicants holding a GED from another state may be required to obtain an Oregon certificate at the discretion of the Department.

(b) Evidence of the above must consist of official transcripts, diplomas, or GED test report forms. Other documentation may be accepted, at the discretion of the Department.

(6) Academic Proficiency Standard. Before beginning basic telecommunicator or Emergency Medical Dispatcher (EMD) training or challenging basic telecommunicator training, each applicant must provide evidence to DPSST that the applicant possesses the academic tools necessary to successfully complete basic telecommunicator or EMD training.

(a) The hiring agency is responsible for ensuring a telecommunicator/EMD proficiency test or validated written test designed to evaluate predictors of job-related skills and behavior has been administered. The hiring agency must verify the completion of the test and report the date of completion to the Department on a Form F-5 (Application for Training) prior to the applicant being admitted to basic telecommunicator or EMD training.

(b) Individuals submitting transcripts verifying that they possess at least a four-year academic degree from an institution recognized by DPSST under the provisions of OAR 259-008-0045 are exempt from this testing requirement.

(c) Individuals who have successfully completed training resulting in the award of certification in the discipline they are applying for training are exempt from this testing requirement. Individuals must submit proof of training and certification.

(7) Physical Standards.

(a) Prior to admittance into a basic training course, as described in OAR 259-008-0025, all telecommunicators, emergency medical dispatchers and applicants must demonstrate the physical abilities to perform the critical and essential tasks of a telecommunicator or emergency medical dispatcher.

(A) The critical and essential tasks for telecommunicators have been determined by the 2010 DPSST Job Task Analysis for Telecommunicators.

(B) The critical and essential tasks for emergency medical dispatchers have been determined by the 1995 National Highway Traffic Safety Administration Emergency Medical Dispatcher (EMD) National Standards Curriculum.

(b) The following minimum physical standards are required for all telecommunicators and emergency medical dispatchers.

(A) Visual Acuity. Corrected vision must be at least 20/30 (Snellen) when tested using both eyes together.

(B) Color Vision.

(i) Telecommunicators, emergency medical dispatchers and applicants must be able to distinguish red, green, blue, and yellow as determined by the HRR Test, 4th Edition.

(ii) Red or green deficiencies may be acceptable, providing the telecommunicator, emergency medical dispatcher or applicant can read at least nine of the first 13 plates of the Ishihara Test.

(iii) Telecommunicators, emergency medical dispatchers or applicants who fail to meet the color vision standard may meet the standard by demonstrating that they can correctly discriminate colors via a field test conducted by the employer as approved by the examining licensed health professional.

(C) Hearing.

(i) Telecommunicators, emergency medical dispatchers or applicants must meet National Emergency Number Association (NENA) hearing standard NENA-STA-007.2-2014 (June 14, 2014).

(ii) Telecommunicators, emergency medical dispatchers or applicants who fail to meet the hearing standard must be examined by a licensed audiologist or otorhinolaryngologist to determine if an amplification device will allow them to meet the hearing standard.

(iii) An amplification device may be used to meet the hearing standard, if a licensed audiologist or otorhinolaryngologist determines an amplification device will allow the telecommunicator, emergency medical dispatcher or applicant to meet the hearing standard.

(D) Medications. The side effects of any prescribed medication must not interfere with the telecommunicator’s, emergency medical dispatcher’s or applicant’s ability to perform the essential functions and tasks of the job.

(8) Medical Examinations.

(a) To ensure that telecommunicators, emergency medical dispatchers, and applicants meet the minimum physical standards listed in section (7) of this rule, telecommunicators, emergency medical dispatchers, and applicants must be examined by a licensed health professional.

(A) The licensed health professional performing the medical examination must be provided with a current DPSST Medical Examination Report (Form F-2T) for completion at the time of the examination.

(B) The medical examination must conform to applicable standards of the Americans with Disabilities Act (ADA) Title 42 USC 1210.

(C) The medical examination must be completed within 180 days prior to the start of employment as a telecommunicator or emergency medical dispatcher.

(D) Upon completion of the medical examination, the examining licensed health professional must sign the final page of the Form F-2T (Form F-2TA) attesting that the telecommunicator, emergency medical dispatcher or applicant has met or has not met the minimum physical standards listed in section (7) of this rule.

(E) The Form F-2TA must be submitted to the Department no later than 90 days after the start of employment.

(F) Telecommunicators, emergency medical dispatchers or applicants will not be admitted into a basic course until the Department receives a Form F-2TA attesting that the minimum physical standards have been met or a physical standard waiver has been granted, as described in section (9) of this rule.

(G) The Department may require that a telecommunicator or emergency medical dispatcher take a subsequent examination by a licensed health professional of the Department’s choice at the expense of the applicant or the hiring agency.

(H) Certified individuals who are hired into a discipline for which they are not certified are required to successfully complete a new physical examination.

(I) A telecommunicator or emergency medical dispatcher whose certification has lapsed will be required to complete a new medical examination prior to re-applying for certification.

(J) Individuals employed in a limited duration, administrative position, as described in OAR 259-008-0078, are exempt from the medical examination requirement.

(9) Physical Standard Waivers.

(a) An individual or department head may request a waiver of any physical standard in section (7) of this rule by:

(A) Submitting a request to the Department in writing; and

(B) Providing documentation or pertinent testimony that supports the physical standard waiver request.

(C) If further clarification is needed, the Department may require additional documentation or testimony from the individual or department head requesting the physical standard waiver.

(D) The requesting individual may be required to demonstrate the ability to perform the critical and essential job tasks.

(E) If the Department finds that the physical standard waiver request would not prohibit the requesting individual’s ability to successfully complete training and the performance of the critical and essential tasks, the waiver will be granted.

(F) Any expense associated with providing physical standard waiver documentation or testimony will be the responsibility of the requesting individual or the requesting agency.

(G) If an individual requests and is granted a physical standard waiver, but does not obtain employment within one year from the date the waiver is granted, the waiver will be void.

(H) If the Department denies a request for a waiver of any physical standard in section (7) of this rule, the Department will issue Notice and proceed as provided in section (9)(b) of this rule.

(b) Contested Case Hearing Process for Denial of Physical Standard Waivers.

(A) Initiation of Proceedings: A contested case notice will be prepared when the Department denies a physical standard waiver after determining that factual data meeting the statutory and administrative rule requirements justifies the denial.

(B) Contested Case Notice: All contested case notices will be prepared in accordance with the applicable provisions of the Attorney General's Model Rules of Procedure adopted under OAR 259-005-0015.

(C) Response Time: A party who has been served with a "Contested Case Notice of Intent to Deny a Waiver" has 60 days from the date of mailing or personal service of the notice in which to file a written request for a hearing with the Department.

(D) Default Order: If a timely request for a hearing is not received, the Contested Case Notice will become a final order denying the requested waiver pursuant to OAR 137-003-0672.

(E) Hearing Request: If a timely request for a hearing is received, the Department will refer the matter to the Office of Administrative Hearings in accordance with OAR 137-003-0515.

(F) Proposed and Final Orders: In cases where a hearing was requested, proposed orders, exceptions, and final orders will be issued pursuant to the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 181A.410
Stats. Implemented: ORS 181A.410
Hist.: BPSST 1-2002, f. & cert. ef. 2-6-02; DPSST 1-2004, f. 1-16-04, cert. ef. 1-20-04; DPSST 5-2004, f. & cert. ef. 4-23-04; DPSST 3-2007, f. & cert. ef. 1-12-07; DPSST 10-2007, f. & cert. ef. 10-15-07; DPSST 5-2008, f. & cert. ef. 4-15-08; DPSST 21-2008, f. 12-15-08, cert. ef. 1-1-09; DPSST 6-2009, f. & cert. ef. 7-13-09; DPSST 9-2010(Temp), f. & cert. ef. 10-15-10 thru 4-12-11; DPSST 13-2010, f. & cert. ef. 12-23-10; DPSST 9-2011, f. & cert. ef. 6-28-11; DPSST 14-2011, f. 9-26-11, cert. ef. 10-1-11; DPSST 5-2012, f. & cert. ef. 3-26-12; DPSST 19-2012, f. & cert. ef. 8-31-12; DPSST 18-2013, f. & cert. ef. 7-23-13; DPSST 13-2014, f. & cert. ef. 6-24-14; DPSST 32-2014, f. 12-29-14, cert. ef. 1-1-15; DPSST 7-2015, f. & cert. ef. 3-24-15; DPSST 10-2015, f. 6-23-15, cert. ef. 7-1-15; DPSST 6-2016, f. 3-22-16, cert. ef. 4-1-16

259-008-0015

Background Investigation

(1) A background investigation must be conducted by a public or private safety agency on each individual being considered for employment or utilization as a public safety professional to determine if applicant is of good character.

(a) The background investigation must include, but is not limited to, investigation into the following:

(A) Criminal history and arrests;

(B) Department of Motor Vehicles (DMV) records;

(C) Drug and alcohol use;

(D) Education verification;

(E) Employment history;

(F) Military history verification;

(G) Personal and professional references. Personal and professional references may include, but are not limited to, friends, associates, family members, and neighbors;

(H) Personal Interview. The personal interview may occur before or after the investigation and may be used to clarify discrepancies in the investigation;

(I) Records checks, which may include, but are not limited to:

(i) Police records, district attorney, court and Oregon Judicial Information Network (OJIN) records;

(ii) Open sources or social media, as permitted by law;

(iii) Financial information, as permitted by law; and

(iv) Department of Public Safety Standards and Training Professional Standards records.

(J) Residential history; and

(K) Work eligibility.

(b) Each individual being considered for employment or utilization as a public safety professional must provide a notarized personal history statement. The statement must include, but is not limited to:

(A) Verification of the background information referred to in section (1)(a);

(B) A complete list of all public safety agencies an individual has applied with; and

(C) A signed release allowing background investigation information to be shared with other public or private safety agencies in which the applicant may become affiliated with.

(2) Results of the background investigation on all public safety professionals must be retained by the public or private safety agency in accordance with the Secretary of State’s Record Retention Schedule and must be available for review at any reasonable time by the Department.

Stat. Auth.: ORS 181A.410
Stats. Implemented: ORS 181A.410
Hist.: PS 1-1983, f. & ef. 12-15-83; Renumbered from 259-010-0021, PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; DPSST 1-2010, f. & cert. ef. 1-11-10; DPSST 2-2010, f. & cert. ef. 3-15-10; DPSST 31-2014, f. & cert. ef. 12-29-14; DPSST 4-2016, f. 3-22-16, cert. ef. 4-1-16

259-008-0017

Public Records

(1) A private safety agency that employs a public safety professional subject to the Department’s certification requirements must retain all documentation related to a public safety professional’s employment, training and certification in a manner, and for the period of time, consistent with the requirements of the Secretary of State’s administrative rules relating to records retention by public bodies.

(2) Documentation related to a public safety professional’s employment, training and certification includes, but is not limited to:

(a) Any documentation related to an employment investigation, or pending or final disciplinary action related to a public safety professional;

(b) A public safety professional’s personnel record, including any documentation related to a personnel investigation or disciplinary action;

(c) A public safety professional’s training record;

(d) A public safety professional’s payroll records.

Stat. Auth.: ORS 181.640
Stats. Implemented: ORS 181.640
Hist.: DPSST 3-2010, f. 4-12-10, cert. ef. 5-1-10

259-008-0020

Personnel Action Reports

(1) All public or private safety agencies and the Academy Training Division must submit the name and other pertinent information concerning any newly appointed public safety professional to Standards and Certification on a Personnel Action Report (DPSST Form F-4) within 10 business days after employment or utilization.

(a) A DPSST number will be established for each newly appointed employee identified on a Personnel Action Report if:

(A) The individual is employed in a certifiable position.

(B) The individual is employed or utilized as a reserve police officer; or

(C) An individual’s employer has submitted a written request identifying a demonstrated law enforcement need for an employee to obtain a DPSST number and the Department has approved the request. These positions may include, but are not limited to:

(i) A federal officer authorized by the Department to make arrests under ORS 133.245;

(ii) An individual who operates an Intoxilyzer or other law enforcement device for which a DPSST number is necessary; or

(iii) An individual who is required to file a police or other criminal justice report for which a DPSST number is necessary.

(b) No DPSST number will be assigned to an individual who has not been identified as a newly appointed public safety professional unless approved by the Department.

(2) Whenever a public safety officer resigns, retires, or terminates employment, is promoted, demoted, discharged, deceased, is on leave for 91 days or more, or transfers within a private or public safety agency, the agency must report this information to Standards and Certification on a Personnel Action Report within 10 business days of the action.

(3) Whenever a certified instructor resigns, retires, terminates employment, is discharged or deceased, the agency must report this information to Standards and Certification on a Personnel Action Report within 10 business days of the action.

(4) All applicable sections of the Personnel Action Report must be completed and signed by the department head or an authorized representative.

(5) All applicants will furnish their social security number on a Personnel Action Report. The social security number is used to accurately identify the applicant during computerized criminal history (CCH) and Department record checks and to verify information provided by a public safety professional.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 181A.410
Stats. Implemented: ORS 181A.410
Hist.: PS 12, f. & ef. 12-19-77; Renumbered from 259-010-0050, PS 1-1983, f. & ef. 12-15-83; Renumbered from 259-010-0026, PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 2-2001, f. & cert. ef. 2-8-01; BPSST 22-2002, f. & cert. ef. 11-18-02; DPSST 5-2004, f. & cert. ef. 4-23-04; DPSST 6-2009, f. & cert. ef. 7-13-09; DPSST 7-2010, f. 7-15-10, cert. ef. 8-1-10; DPSST 1-2014, f. & cert. ef. 1-2-14; DPSST 5-2014, f. & cert. ef. 1-29-14; DPSST 4-2016, f. 3-22-16, cert. ef. 4-1-16

259-008-0025

Minimum Standards for Training

(1) Basic Training.

(a) The prescribed basic training course and field training manual must be completed by all corrections officers no later than 12 months from the date of employment in a certifiable position.

(b) The prescribed basic training course and field training manual must be completed by all police officers, parole and probation officers, telecommunicators, emergency medical dispatchers and regulatory specialists no later than 18 months from the date of employment in a certifiable position.

(c) Corrections and police officers who have not completed the prescribed basic course must begin training within 90 days of their initial date of employment as a law enforcement officer.

(d) All prescribed field training will be conducted under the supervision of the employing agency. The employing agency must provide proof of completion prior to the award of basic certification.

(e) Regulatory specialists employed by OLCC prior to July 1, 2015, who have previously completed OLCC basic training may be exempted from completion of the basic regulatory specialist course.

(f) Law enforcement officers employed in a limited duration, administrative position, as described in OAR 259-008-0078, are exempted from these minimum training requirements.

(2) Additional Training Requirements.

(a) Law enforcement officers who have previously completed the prescribed basic course but have not been employed full-time as a law enforcement officer within the past five years will be required to satisfactorily complete the prescribed basic course and field training manual in its entirety prior to reactivation of certification.

(b) Law enforcement officers who have previously completed the prescribed basic course but have not been employed full-time as a law enforcement officer for over two and one-half years but less than five years must complete the prescribed career officer development course and field training manual prior to reactivation of certification.

(c) Telecommunicators and emergency medical dispatchers (EMD) who have previously completed the prescribed basic course but have not been employed as a telecommunicator or EMD within the past two and one-half years will be required to satisfactorily complete the prescribed basic course and field training manual in its entirety prior to reactivation of certification.

(d) Training timelines for career officer development courses will be established by the Department.

(3) Waivers of the Minimum Training Standards for Law Enforcement Officers.

(a) The Department may waive any portion of the minimum training standards upon finding that a law enforcement officer has the current knowledge, skills and abilities to perform as a law enforcement officer in Oregon. For the purposes of this standard, demonstration of current knowledge, skills and abilities as an Oregon law enforcement officer must include full-time employment within the past five years which demonstrates the individual has maintained a level of knowledge, skills and abilities comparable to those of an active law enforcement officer in Oregon, including the authorization to provide law enforcement services or the responsibility of enforcing criminal law.

(b) Reciprocity. Law enforcement officers who have been employed by a public or private safety agency in another state and have previously completed a basic training course deemed by the Department to meet or exceed Oregon’s minimum training standards may be granted a waiver of the basic training course. These officers will be required to complete the prescribed career officer development course and field training manual.

(c) Waiver requests must be made in writing by the employing agency and must include any supporting documentation, to include a written request for a waiver from the officer’s employing agency, a copy of any previously completed course including documentation of course content with hour and subject breakdown of the training, and the officer’s employment history.

(d) The Department may request additional information. Any expenses associated with providing waiver documentation will be the responsibility of the requesting agency.

(e) Notwithstanding section (4), waivers are not available for the basic telecommunications course or basic emergency medical dispatcher course.

(4) Challenge of the Minimum Training Standards for Telecommunicators. Telecommunicators who have been employed by a public or private safety agency in another state within the past two and one-half years and have previously completed a basic training course deemed by the Department to meet or exceed Oregon’s minimum training standards may challenge the basic telecommunications course.

(a) Challenge requests must be made by the department head of the telecommunicator’s employing agency. Requests must include proof of successful completion of prior equivalent training including documentation of the course content with hour and subject breakdown of the training.

(b) The telecommunicator must obtain a minimum passing score on all written examinations for the basic course and demonstrate an acceptable performance level.

(c) Telecommunicators who fail the written examination or fail to demonstrate an acceptable performance level will be required to complete the basic telecommunications course and field training manual in its entirety.

(d) Telecommunicators will be given one opportunity to challenge the basic telecommunications course.

(5) Supervision Course. Public safety officers who are promoted, appointed or transferred to a first-level supervisory position must satisfactorily complete the Supervision course or equivalent training that complies with the requirements outlined in the DPSST Form F-21.

(a) The required training must be completed no later than 12 months after the promotion, appointment or transfer.

(b) Applicable training that occurred within five years prior to the promotion, appointment or transfer may be accepted by the Department as satisfying the Supervision training requirement.

(6) Middle Management Course. Public safety officers who are promoted, appointed or transferred to a middle management position must satisfactorily complete the Middle Management course or equivalent training that complies with the requirements outlined in the DPSST Form F-22.

(a) The required training must be completed no later than 12 months after the promotion, appointment or transfer.

(b) Applicable training that occurred within five years prior to the promotion, appointment or transfer may be accepted by the Department as satisfying the Middle Management training requirement.

(7) Time Extensions. The Department may grant a time extension upon presentation of evidence by a public or private safety agency that a public safety officer is unable to meet the timelines prescribed in sections (1), (5) and (6) due to an authorized leave of absence or any other reasonable cause as determined by the Department.

(a) Time extensions of the requirements found in sections (1)(a), (1)(b), (5) and (6) will not exceed one year.

(b) Time extensions of the requirements found in subsection (1)(c) will not exceed 30 days.

(c) Any delays caused by the inability of the Department to provide basic training for any reason will not be counted towards the time requirements found in subsections (1)(a), (b) or (c).

(8) Notwithstanding this rule, the Department may prescribe additional training for Basic certification, up to and including completion of the full Basic course, in situations in which previous periods of employment have been limited.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 181A.410
Stats. Implemented: 181A.410
Hist.: PS 12, f. & ef. 12-19-77; PS 1-1979, f. 10-1-79, ef. 10-3-79; PS 1-1982, f. & ef. 7-2-82; PS 1-1983, f. & ef. 12-15-83; PS 1-1985, f. & ef. 4-24-85; Renumbered from 259-010-0030, PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 5-1997, f. 3-20-97, cert. ef. 3-25-97; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 11-2000, f. 11-13-00, cert. ef. 11-15-00; BPSST 13-2001(Temp), f. & cert. ef. 10-26-01 thru 4-10-02; BPSST 2-2002, f. & cert. ef. 2-6-02; BPSST 8-2002, f. & cert. ef. 4-3-02; BPSST 15-2002, f. & cert. ef. 7-5-02; DPSST 14-2003, f. & cert. ef. 12-22-03; DPSST 5-2004, f. & cert. ef. 4-23-04; DPSST 3-2007, f. & cert. ef. 1-12-06; DPSST 3-2007, f. & cert. ef. 1-12-07; DPSST 9-2008, f. & cert. ef. 7-15-08; DPSST 14-2008, f. & cert. ef. 10-15-08; DPSST 3-2009, f. & cert. ef. 4-8-09; DPSST 8-2009(Temp), f. & cert. ef. 9-15-09 thru 3-1-10; DPSST 15-2009, f. & cert. ef. 12-15-09; DPSST 3-2010, f. 4-12-10, cert. ef. 5-1-10; DPSST 2-2011, f. 3-23-11, cert. ef. 5-1-11; DPSST 13-2012(Temp), f. & cert. ef. 5-8-12 thru 10-1-12; DPSST 17-2012, f. & cert. ef. 8-24-12; DPSST 6-2013, f. & cert. ef. 3-8-13; DPSST 15-2013, f. & cert. ef. 6-25-13; DPSST 1-2014, f. & cert. ef. 1-2-14; DPSST 2-2014, f. & cert. ef. 1-2-14; DPSST 10-2014, f. & cert. ef. 4-10-14; DPSST 7-2015, f. & cert. ef. 3-24-15; DPSST 11-2015, f. 6-23-15, cert. ef. 7-1-15; DPSST 18-2015, f. 12-22-15, cert. ef. 1-1-16; DPSST 5-2016, f. & cert. ef. 3-22-16

259-008-0040

Period of Service

(1) A law enforcement officer, telecommunicator, or emergency medical dispatcher who is not certified must complete no less than nine months of service in the field in which they are employed, to be eligible for certification. This requirement does not apply to a department head.

(2) No person may be employed as a police officer, parole and probation officer, telecommunicator, emergency medical dispatcher, or regulatory specialist for more than 18 months unless that officer, telecommunicator, emergency medical dispatcher or regulatory specialist has been certified under the provisions of ORS 181A.355 to 181A.420 and the certification has neither lapsed nor been revoked.

(3) No person may be employed as a corrections officer for more than one year unless that officer has been certified under the provisions of ORS 181A.355 to 181A.420 and the certification has neither lapsed nor been revoked.

(4) For purposes of this rule, the Department will count all periods of full-time employment identified in subsection (2) and (3) in the aggregate if:

(a) An individual was reclassified from a certifiable position to a non-certifiable position for a period of less than six months; and

(b) The individual is then returned to a certifiable position in the same discipline, while employed with the same employer.

(5) The Board or its designee, upon the facts contained in an affidavit accompanying the request for an extension, may find good cause for failure to obtain certification within the time period described in section (2) or (3) of this rule. If the Board finds that there is good cause for such failure, the Board may extend for up to one year the period that a person may serve as a law enforcement officer, telecommunicator, or emergency medical dispatcher without certification. The grant or denial of such an extension is within the sole discretion of the Board.

(6) The Board, or its designee, may further extend the time period for a law enforcement officer, telecommunicator, or emergency medical dispatcher who has been deployed to full-time active military duty during the time period described in section (2) or (3) of this rule. Conditions for certification upon an individual’s return to his or her employer, may include, but are not limited to:

(a) Remediation of Basic course;

(b) Successful completion of Career Officer Development Course;

(c) Demonstrated proficiency of skills and ability;

(d) F-2 or F-2T (Medical Form).

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: 181A.410
Stats. Implemented: 181A.410
Hist.: PS 12, f. & ef. 12-19-77; Renumbered from 259-010-0020, PS 1-1983, f. & ef. 12-15-83; Renumbered from 259-010-0047, PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 13-2001(Temp), f. & cert. ef. 10-26-01 thru 4-10-02; BPSST 8-2002, f. & cert. ef. 4-3-02; DPSST 7-2005, f. & cert. ef. 8-5-05; DPSST 3-2010, f. 4-12-10, cert. ef. 5-1-10; DPSST 11-2015, f. 6-23-15, cert. ef. 7-1-15; DPSST 18-2015, f. 12-22-15, cert. ef. 1-1-16

259-008-0045

College Education Credits

(1) Credit for preservice or inservice college education will not be accepted in lieu of the Basic Course described in OAR 259-008-0025.

(2) College credits must be combined with experience and training in determining eligibility for Intermediate, Advanced, Supervisory, Management, and Executive Certification.

(3) College credits or degrees used for certification must have been earned from the following:

(a) A degree-granting community college, college or university accredited by a recognized national or regional accrediting body; or

(b) A community college, college or university whose coursework or degree has been accepted for credit by a degree granting community college, college or university accredited by a recognized national or regional accrediting body.

(c) A degree-granting college or university recognized by the Oregon Office of Degree Authorization under the provisions of ORS 348.604.

(d) For purposes of this rule, a recognized national or regional accrediting body is one recognized by the U.S. Department of Education, or the Council on Higher Education Accreditation (CHEA), or its predecessor.

(4) Any college credits obtained in a foreign country, which are claimed to be comparable to credits or a degree granted by a licensing body in the United States or US Territories must be evaluated by a credentialing agency that is a member of the National Association of Credential Evaluation Services (NACES). The credentialing agency must send an evaluation to the Department for approval, at the applicant's expense, before any educational credit is accepted as equivalent.

(5) Certification Credit. The Department must receive sealed official transcripts from a college prior to entering college credit on an applicant's official record. Evaluation of these credits is subject to the conditions prescribed in sections (3) and (4) of this rule and OAR 259-008-0060.

Stat. Auth.: ORS 181.640
Stats. Implemented: ORS 181.640
Hist.: PS 12, f. & ef. 12-19-77; Renumbered from 259-010-0025, PS 1-1983, f. & ef. 12-15-83; Renumbered from 259-010-0051, PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 5-1999, f. & cert. ef. 7-29-99; BPSST 4-2001, f. & cert. ef. 8-22-01; DPSST 4-2006, f. & cert. ef, 2-28-06; DPSST 9-2008, f. & cert. ef. 7-15-08

259-008-0055

Appointment of Committees

(1) Appointment of Committees: The Board may establish committees to study issues relevant to the Board's jurisdiction, and to assist in the conduct of its business. The Board may appoint individual Board members to serve as liaison to such other groups, committees, or organizations as deemed appropriate.

(2) Policy Committees: The Board shall establish policy committees pursuant to OAR 259-006-0000.

Stat. Auth.: ORS 181.640 & ORS 181.765
Stats. Implemented: ORS 181.640 & ORS 181.765
Hist.: PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98Hist.: BPSST 10-2001(Temp), f. & cert. ef. 10-26-01 thru 4-5-02; BPSST 6-2002, f. & cert. ef. 4-3-02

259-008-0060

Public Safety Officer Certification

(1) Basic, Intermediate, and Advanced Certificates are awarded by the Department to law enforcement officers and telecommunicators meeting prescribed standards of training, education, and experience. Emergency medical dispatchers may be awarded basic certification only.

(2) Supervisory, Management, and Executive Certificates are awarded to law enforcement officers and telecommunicators meeting the prescribed standards in section (1) of this rule and the ranks established by the employing law enforcement units, or public or private safety agencies.

(3) Basic certification is mandatory and must be acquired by all police officers, parole and probation officers, telecommunicators, emergency medical dispatchers, and regulatory specialists within 18 months of employment, and by all corrections officers within 12 months of employment, unless an extension is granted by the Department.

(4) To be eligible for the award of a certificate, law enforcement officers must:

(a) Be full-time employees as defined in OAR 259-008-0005 or part-time parole and probation officers, as defined in OAR 259-008-0066.

(b) Meet the prescribed minimum employment standards in OAR 259-008-0010;

(c) Law enforcement officers must subscribe to and swear or affirm to abide by the Criminal Justice Code of Ethics (Form F-11); and

(d) Have valid first aid and cardiopulmonary resuscitation (CPR) certification.

(5) To be eligible for the award of a certificate, telecommunicators and emergency medical dispatchers must:

(a) Meet the prescribed minimum employment standards as established by OAR 259-008-0011;

(b) Subscribe to and swear or affirm to abide by the Telecommunicator Code of Ethics (Form F-11T); and

(c) Have valid first aid and cardiopulmonary resuscitation (CPR) certification.

(6) Applications for certification must:

(a) Be submitted on Form F-7 (Application for Certification), with all applicable sections completed and signed by the applicant.

(b) Be signed by the employing agency’s department head or authorized representative recommending that requested certification be issued. The department head’s signature affirms that the applicant meets the minimum standards for employment, training, education, and experience and is competent to hold the level of certification being applied for.

(7) When a department head is the applicant, the above recommendation must be made by the department head's appointing authority, such as the city manager or mayor, or in the case of a specialized agency, the applicant's superior. Elected department heads are authorized to sign as both applicant and department head.

(8) In addition to the requirements in sections (1) through (7) of this rule, each applicant must have completed the designated education and training, combined with the prescribed corrections, parole and probation, police, regulatory specialist or telecommunications experience for the award of an Intermediate, Advanced, Supervisory, Management, or Executive Certificate.

(a) Each quarter credit unit granted by an accredited college or university which operates on a quarterly schedule will equal one education credit.

(b) Each semester credit unit granted by an accredited college or university operating on a semester schedule will equal 1-1/2 education credits.

(c) The Department must receive sealed official transcripts from a college prior to entering college credit on an individual’s official record.

(9) Training:

(a) Basic courses certified by the Department will be approved by the Board.

(b) The Department may record training hours for departmental or other in-service training which is recorded and documented in the personnel files of the trainee's department. These records must include the subject, instructor, classroom hours, date, sponsor, and location.

(c) Training completed in other states, military training, and other specialized training, if properly documented, may be accepted, subject to staff evaluation and approval. These records must include the subject, date, and classroom hours, and must be certified true copies of the original.

(d) College credits earned may be counted for either training hours or education credits, whichever is to the advantage of the applicant.

(e) College credit awarded based on training completed may be applied toward either training hours or education credits, whichever is to the advantage of the applicant.

(A) Prior to applying an applicant's college credit toward any upper level of certification, the Department must receive documentation of the number of college credits awarded based on training attended.

(B) The training hours identified under section (9) (e) (A) and submitted as college credit toward an upper level of certification will not be included in any calculation of whether the applicant has earned sufficient training hours to qualify for the requested certification level.

(i) Any college credit received for practical or skills-based training attended will be calculated at a ratio of 1:20 hours for each quarter credit, for purposes of training hour deductions.

(ii) Any college credit received for academic training attended will be calculated at a ratio of 1:10 hours for each quarter credit, for purposes of training hour deductions.

(f) No credit can be applied toward both education credits and training hours when originating from the same training event.

(10) Experience/Employment:

(a) Experience gained as a corrections officer, parole and probation officer, police officer, or regulatory specialist employed full time with municipal, county, state, or federal agencies, may be accepted if the experience is in the discipline the certification is requested and is approved by the Department.

(b) Experience acquired as a telecommunicator or emergency medical dispatcher employed with a public or private safety agency may be accepted if the experience is in the discipline the certification is requested and is approved by the Department.

(c) Experience acquired as a certified part-time telecommunicator or emergency medical dispatcher as defined in OAR 259-008-0005, or part time parole and probation officer as defined under 259-008-0005 and 259-008-0066, will count on a pro-rated basis.

(d) Partial credit may be given to law enforcement experience that is not in the discipline the certification is requested, when supported by job descriptions or other documentary evidence. In all cases, experience claimed is subject to evaluation and approval by the Department.

(e) For the purpose of this rule, creditable service time for experience will not accrue under the following circumstances:

(A) When an individual is employed in a casual, seasonal, or temporary capacity;

(B) When an individual is on leave, other than full-time military leave;

(C) From the date a public safety officer’s certification is suspended until it is reinstated by the Department;

(D) When a public safety officer fails to obtain Basic certification within a mandated timeframe and is prohibited from being employed as a public safety officer; or

(E) When a public safety officer is employed in a limited duration, administrative position, as described in OAR 259-008-0078.

(11) The Basic Certificate. In addition to the requirements in sections (1) through (7) of this rule, the following are required for the award of the Basic Certificate:

(a) Applicants must have completed a period of service in a certifiable position of not less than nine months with one or more law enforcement units or public or private safety agencies in the discipline the certification is requested;

(b) Applicants must have satisfactorily completed the required Basic Course as prescribed in OAR 259-008-0025, in the discipline the certification is requested or have completed equivalent training, as determined by the Department.

(12) The Intermediate Certificate. In addition to the requirements in sections (1) through (7) of this rule, the following are required for the award of the Intermediate Certificate:

(a) Applicants must possess a Basic Certificate in the discipline the certification is requested; and

(b) Applicants must have acquired a combination of work experience in the discipline the certification is requested, along with training hours and college education credits or college degree, as identified in the Intermediate/Advanced Certification Charts. [Table not included. See ED. NOTE.]

(A) Applicants may determine eligibility for intermediate certification by referencing either:

(i) The “All Disciplines” chart (referred to as the old chart). This is the original certification chart and may be referenced by all police, corrections, parole and probation, regulatory specialist and telecommunicator applicants until October 31, 2015; or

(ii) The “Police/Corrections/Parole & Probation/Regulatory Specialist” chart. This certification chart became effective November 1, 2012, and may be referenced by police, corrections, regulatory specialists and parole and probation applicants; or

(iii) The “Telecommunicators” chart. This certification chart became effective November 1, 2012, and may be referenced by telecommunicator applicants.

(B) Applicants may apply for certification using the chart that best fits their experience, education and training.

(C) If applying using either the “Police/Corrections/Parole & Probation/Regulatory Specialist” chart or the “Telecommunicators” chart in section (12)(b)(A)(ii) and (iii) of this rule, training hours originating from a single training event used to meet the training hour requirement for intermediate certification cannot be applied towards future levels of certification.

(c) The required years of experience are for the purpose of developing and demonstrating competency at the intermediate level. The signature of the agency head or authorized representative on an F-7 at the intermediate level represents the agency’s attestation that the applicant is performing competently at the intermediate level.

(13) The Advanced Certificate. In addition to the requirements in sections (1) through (7) of this rule, the following are required for the award of the Advanced Certificate:

(a) Applicants must possess or be eligible to possess the Intermediate Certificate in the discipline the certification is requested; and

(b) Applicants must have acquired a combination of work experience in the discipline the certification is requested, along with training hours and college education credits or college degree, as identified in the Intermediate/Advanced Certification Charts. [Table not included. See ED. NOTE.]

(A) Applicants may determine eligibility for advanced certification by referencing either:

(i) The “All Disciplines” chart (referred to as the old chart). This is the original certification chart and may be referenced by all police, corrections, parole and probation, regulatory specialist and telecommunicator applicants until October 31, 2015; or

(ii) The “Police/Corrections/Parole & Probation/Regulatory Specialist” chart. This certification chart became effective November 1, 2012, and may be referenced by police, corrections, regulatory specialist and parole and probation applicants; or

(iii) The “Telecommunicators” chart. This certification chart became effective November 1, 2012, and may be referenced by Telecommunicator applicants.

(B) Applicants may apply for certification using the chart that best fits their experience, education and training.

(C) If applying using either the “Police/Corrections/Parole & Probation/Regulatory Specialist” chart or the “Telecommunicators” chart in section (13) (b) (A) (ii) and (iii) of this rule, training hours originating from a single training event used to meet the training hour requirement for advanced certification cannot be applied towards future levels of certification.

(c) The required years of experience are for the purpose of developing and demonstrating competency at the advanced level. The signature of the agency head or authorized representative on an F-7 at the advanced level represents the agency’s attestation that the applicant is performing competently at the advanced level.

(14) The Supervisory Certificate. In addition to requirements in sections (1) through (7) of this rule, the following are required for the award of the Supervisory Certificate:

(a) Applicants must possess or be eligible to possess the Advanced Certificate in the discipline the certification is requested;

(b) Applicants must have satisfactorily completed no less than 45 education credits as defined in sections (8) and (9) of this rule;

(c) Applicants must have satisfactorily completed the prescribed supervision training within five years of the application for the Supervisory Certificate; and

(d) Applicants must be presently employed in and have satisfactorily performed the duties of a first-level supervisor as defined in OAR 259-008-0005.

(A) The applicant's department head must attest that the first-level supervisor duties were performed for a period of one year.

(B) The required experience must have been acquired within five years of the date of the application.

(e) Upon request of the employing agency, the Department may waive the requirements of section (14) (c) or (d), provided the employing agency demonstrates that the applicant performs supervisory duties on a regular basis.

(15) The Management Certificate. In addition to requirements in sections (1) through (7) of this rule, the following are required for the award of the Management Certificate:

(a) Applicants must possess or be eligible to possess the Supervisory Certificate in the discipline the certification is requested;

(b) Applicants must have satisfactorily completed no less than 90 education credits as defined in sections (8) and (9) of this rule;

(c) Applicants must have satisfactorily completed the prescribed middle management training within five years of the application for the Management Certificate; and

(d) Applicants must be presently employed in and must have satisfactorily served in a middle management position as a department head or assistant department head as defined in OAR 259-008-0005 for a period of two years. The required experience must have been acquired within five years of the date of the application.

(e) Upon request of the employing agency, the Department may waive the requirements of section (15)(c) or (d), provided the employing agency demonstrates that the applicant performs management duties on a regular basis.

(16) The Executive Certificate. In addition to requirements in section (1) through (7) of this rule, the following are required for the award of the Executive Certificate:

(a) Applicants must possess or be eligible to possess the Management Certificate in the discipline the certification is requested;

(b) Applicants must have satisfactorily completed no less than 90 education credits as defined in sections (8) and (9) of this rule;

(c) Applicants must have satisfactorily completed 100 hours of Department-approved executive level training within five years of the application for the Executive Certificate; and

(d) Applicants must be presently employed in and must have satisfactorily served in a middle management position as department head or assistant department head, as defined in OAR 259-008-0005 for a period of two years. The required experience must have been acquired within five years of the date of the application.

(e) Upon request of the employing agency, the Department may waive the requirements of section (16) (c) or (d), provided the employing agency demonstrates that the applicant performs the duties of a department head or assistant department head on a regular basis.

(17) Multi-discipline Certification. Upon receiving written request from the department head stating a justified and demonstrated need exists for the efficient operation of the employing agency, the Department may approve multi-discipline certification for law enforcement officers who meet all minimum employment, training and education standards established in OAR 259-008-0010, 259-008-0011, 259-008-0025, and this rule, in the disciplines which they are requesting certification. The officer must meet the following requirements for the award of multi-discipline certification:

(a) Basic certification. A law enforcement officer who is certified in one discipline may apply for multi-discipline certification if employed in or transferred to another discipline within the same law enforcement unit. The applicant must demonstrate completion of all training requirements in the discipline in which certification is being requested.

(b) Higher levels of certification. Law enforcement officers who possess higher levels of certification in one discipline may, upon employment in or transfer to another discipline within the same law enforcement unit, apply for the same level of certification after completion of nine months experience in the discipline in which they are requesting certification and meeting the requirements for those higher levels of certification as outlined in this rule. This section does not apply to the emergency medical dispatcher discipline since it only exists at the basic certification level.

(c) Retention of multi-discipline certification. In order to maintain multi-discipline certification, each discipline in which certification is held requires successful completion and documentation of training hours by the holders of the certificates every 12 months. The training must be reported to the Department, as follows:

(A) For a law enforcement officer who also holds emergency medical dispatcher certification, a minimum of four hours of training specific to the emergency medical dispatcher discipline must be reported annually as required under OAR 259-008-0064.

(B) For a law enforcement officer who also holds telecommunicator certification, a minimum of 12 hours of training specific to the telecommunicator discipline must be reported annually as required under OAR 259-008-0064.

(C) A minimum of 20 hours of training specific to each law enforcement discipline in which certification is held must be reported annually as required under subsections (h) through (l) of this section.

(d) The same training may be used for more than one discipline if the content is specific to each discipline. It is the responsibility of the agency head to determine if the training is appropriate for more than one discipline.

(e) The maintenance training cycle for law enforcement officers who are certified in more than one discipline begins on July 1st of each year and ends on June 30th the following year.

(f) The employing agency must maintain documentation of all required maintenance training completed.

(g) If reported on a Form F-6 (Course Attendance Roster), required maintenance training must be submitted to the Department by June 30th of each year. Training reported on a Form F-6 will result in credit for training hours. No training hours will be added to a law enforcement officer’s record, unless accompanied by a Form F-6 Course Attendance Roster.

(h) On or after July 1st of each year, the Department will identify all law enforcement officers who are deficient in maintenance training according to Department records. A Contested Case Notice of Intent to Suspend will be prepared and served on the law enforcement officer pursuant to ORS 181A.640(c) and these rules. A copy of the Notice will be sent to the officer’s employing agency.

(A) All Contested Case Notices will be prepared in accordance with the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015.

(B) A law enforcement officer who has been served with a Contested Case Notice of Intent to Suspend has 30 days from the date of mailing or personal service of the notice to notify the Department of the training status identified as deficient by submitting a Form F-16 (Maintenance Training Log) to the Department identifying the maintenance training completed during the previous one year reporting period or to file a written request for hearing with the Department.

(C) Maintenance training hours reported to the Department on a Form F-16 will be used solely to verify completion of maintenance training requirements and will not be added to an officer’s training record.

(i) Default Order: If the required training is not reported to the Department or a request for a hearing received within 30 days from the date of the mailing or personal service of the notice, the Contested Case Notice will become a final order suspending certification pursuant to OAR 137-003-0672.

(j) A law enforcement officer with a suspended certification is prohibited from being employed in any position for which the certification has been suspended.

(k) Recertification following a suspension may be obtained, subject to Department approval, by submitting the following:

(A) A written request from the employing agency head requesting recertification, along with a justification of why the maintenance training was not completed; and

(B) Verification that the missing training was completed.

(l) Failure to complete the required maintenance training may not result in a suspension of certification if the law enforcement officer is on leave from a public or private safety agency.

(23) Certificates and awards are the property of the Department. The Department has the power to revoke or suspend any certificate or award as provided in the Act.

[ED. NOTE: Forms & Tables referenced are available from the agency.]

Stat. Auth.: ORS 181A.410, 181A.490, 181A.520, 181A.530, 181A.560 & 181A.570
Stats. Implemented: 181A.410, 181A.490, 181A.520, 181A.530, 181A.560 & 181A.570
Hist.: PS 12, f. & ef. 12-19-77; PS 1-1979, f. 10-1-79, ef. 10-3-79; PS 1-1980(Temp), f. & ef. 6-26-80; PS 2-1980, f. & ef. 12-8-80; PS 1-1981, f. 9-26-81, ef. 11-2-81; PS 1-1983, f. & ef. 12-15-83; PS 1-1985, f. & ef. 4-24-85; Renumbered from 259-010-0055, PS 1-1990, f. & cert. ef. 2-7-90; PS 1-1995, f. & cert. ef. 3-30-95, PS 2-1995, f. & cert. ef. 9-27-95; PS 7-1997, f. 3-20-97, cert. ef. 3-25-97; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 1-1999, f. & cert. ef. 3-9-99; BPSST 6-1999, f. & cert. ef. 7-29-99; BPSST 11-2000, f. 11-13-00, cert. ef. 11-15-00; BPSST 13-2001(Temp), f. & cert. ef. 10-26-01 thru 4-10-02; BPSST 8-2002, f. & cert. ef. 4-3-02; BPSST 21-2002, f. & cert. ef. 11-21-02; DPSST 1-2004, f. 1-16-04, cert. ef. 1-20-04; DPSST 5-2004, f. & cert. ef. 4-23-04; DPSST 2-2008, f. & cert. ef. 1-15-08; DPSST 9-2008, f. & cert. ef. 7-15-08; DPSST 22-2008, f. & cert. ef. 12-29-08; DPSST 4-2009, f. & cert. ef. 4-8-09; DPSST 1-2010, f. & cert. ef. 1-11-10; DPSST 2-2010, f. & cert. ef. 3-15-10; DPSST 4-2010, f. & cert. ef. 6-2-10; DPSST 7-2010, f. 7-15-10, cert. ef. 8-1-10; DPSST 8-2010, f. & cert. ef 8-13-10; DPSST 8-2011, f. & cert. ef. 6-24-11; DPSST 17-2011, f. & cert. ef. 12-23-11; DPSST 23-2012, f. 10-25-12, cert. ef. 11-1-12; DPSST 31-2012, f. & cert. ef. 12-27-12; DPSST 15-2013, f. & cert. ef. 6-25-13; DPSST 1-2014, f. & cert. ef. 1-2-14; DPSST 12-2014, f. & cert. ef. 6-24-14; DPSST 28-2014(Temp), f. & cert. ef. 10-8-14 thru 4-6-15; DPSST 1-2015, f. & cert. ef. 1-5-15; DPSST 7-2015, f. & cert. ef. 3-24-15; DPSST 11-2015, f. 6-23-15, cert. ef. 7-1-15; DPSST 18-2015, f. 12-22-15, cert. ef. 1-1-16

259-008-0064

Maintenance of Certification for Telecommunicators and Emergency Medical Dispatchers

(1) Basic Certification:

(a) All certified telecommunicators must complete 12 hours of maintenance training annually, regardless of whether they are employed as a telecommunicator.

(b) All certified emergency medical dispatchers must complete four (4) hours of maintenance training annually, regardless of whether they are employed as an emergency medical dispatcher.

(c) The maintenance training cycle begins on July 1st each year and ends on June 30th the following year.

(2)(a) The employing agency must maintain documentation of all required telecommunicator or emergency medical dispatcher maintenance training completed;

(b) An individual who is certified as a telecommunicator or emergency medical dispatcher, but is no longer employed in a certifiable position, is responsible for meeting all maintenance training requirements and maintaining documentation of any maintenance training completed.

(3)(a) If reported on an F-6 Course Roster, required maintenance training must be submitted to the Department by June 30th of each year. Training reported on an F-6 will result in credit for training hours. No training hours will be added to an individual’s record, unless accompanied by an F-6 Course Roster.

(b) On or after July 1 of each year, the Department will identify all telecommunicators and emergency medical dispatchers who are deficient in maintenance training according to Department records. A Contested Case Notice of Intent to Suspend will be prepared and served on the telecommunicator or emergency medical dispatcher pursuant to ORS 181.662(c) and these rules. A copy of the notice will be sent to the telecommunicator’s or emergency medical dispatcher’s employing agency.

(A) All contested cases notices will be prepared in accordance with the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015.

(B) A telecommunicator or emergency medical dispatcher who has been served a Contested Case Notice of Intent to Suspend has 30 days, from the date of mailing or personal service of the notice to notify the Department of the training status identified as deficient by submitting a Form F-16 to the Department identifying the maintenance training completed during the previous one (1) year reporting period or to file a written request for hearing with the Department.

(C) Maintenance training hours reported to the Department on an F-16 will be used solely to verify completion of maintenance training requirements and will not be added to the officer’s DPSST training record.

(c) Default Order: If the required training is not reported to the Department or a request for a hearing received within 30 days from the date of the mailing or personal service of the notice, the Contested Case Notice will become a final order suspending certification pursuant to OAR 137-003-0672.

(6) A telecommunicator or emergency medical dispatcher with a suspended certification is prohibited from being employed in a certifiable position as a telecommunicator or emergency medical dispatcher.

(7)(a) Instructors may apply hours spent instructing a class one (1) time annually toward maintenance training, but instructed hours reported for a class may not exceed the lesser of:

(A) The actual class hours; or

(B) The actual number of hours the instructor spent instructing the class.

(b) The total number of instructed hours applied towards the annual maintenance training requirement may not exceed:

(A) Six (6) hours for a telecommunicator; or

(B) Two (2) hours for an emergency medical dispatcher;

(8) Recertification following a suspension may be obtained, subject to Department approval, by submitting the following:

(a) A written request from the employing agency head, or individual if unemployed, requesting recertification, along with a justification of why the maintenance training was not completed; and

(b) Verification that the missed training was completed.

(9) Failure to complete required maintenance training will not result in suspension of certification if the telecommunicator or emergency medical dispatcher is on leave from a public or private safety agency.

(10) The Department may grant an extension of time for completion of any required training or in-service training based upon good cause. A written request for an extension of time must be submitted to the Department by the agency head.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 181.640 & 181.644
Stats. Implemented: ORS 181.640 & 181.644
Hist.: PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 1-1999, f. & cert. ef. 3-9-99; BPSST 5-2001, f. & cert. ef. 8-22-01; DPSST 3-2007, f. & cert. ef. 1-12-07; DPSST 15-2008, f. & cert. ef. 10-15-08; DPSST 1-2010, f. & cert. ef. 1-11-10; DPSST 2-2010, f. & cert. ef. 3-15-10; DPSST 7-2010, f. 7-15-10, cert. ef. 8-1-10; DPSST 31-2012, f. & cert. ef. 12-27-12

259-008-0065

Maintenance of Certification For Active Police Officers

(1)(a) The Board is responsible for setting the standards for active police officer training and the maintenance of certification. The Department is required to uphold those standards, while each agency determines what training will be provided to meet the standards.

(b) It is recommended that agencies provide training time and training opportunities to enable the active police officer to meet the required maintenance training hours.

(2) In order to maintain certification:

(a) All active police officers must maintain current First Aid/CPR certification.

(b) Proof of First Aid/CPR certification renewal must be reported to the Department once every three years as part of each officer’s mandatory maintenance training cycle. Proof includes submission of the following:

(A) An F-6 Course Roster received by the Department prior to the end of an officer’s maintenance reporting period that verifies completion of training and identifies certification expiration dates. This will result in credit for training hours and update of the officer’s First Aid/CPR certification expiration dates; or

(B) A photocopy of the front and back of an officer’s current First Aid/CPR certification card prior to the end of the maintenance period. This will result in an update of the officer’s First Aid/CPR expiration dates only. No training hours will be added to the officer’s record, unless accompanied by an F-6 Course Roster; or

(C) An F-15 Maintenance-Police form identifying new expiration dates. The F-15 Maintenance-Police form must be submitted in accordance with subsection (5) of this section, following the end of the officer’s maintenance period.

(c) All active police officers must complete a total of at least eighty-four (84) hours of agency approved training every three (3) years. The eighty-four (84) hours will include:

(A)(i) Eight (8) CORE hours of training annually, from either the "Firearms" or "Use of Force" subject areas:

(ii) This training must be reported to the Department as twenty-four (24) hours of CORE training, once every three years.

(B)(i) Active police officers who hold a Supervision, Mid-Management or Executive certification, must complete at least twenty-four (24) hours of agency approved Leadership/Professional training, every three years:

(ii) This training must be reported to the Department as twenty-four (24) hours of agency approved Leadership/Professional training, once every three (3) years.

(C)(i) In addition to the CORE (A)(i) (required of all officers) and Leadership/Professional (B)(i) training hours (only required of officers with Supervision Certification and above), the remaining hours must be completed from the category of "General Law Enforcement" training in the recommended, but not limited to, subject areas of Law and Legal, Ethics and Communication, Investigations, Survival Skills, Child Abuse, Sex Abuse, and Elder Abuse:

(ii) These remaining training hours must be reported to the Department as "General Law Enforcement" training, once every three (3) years.

(3) Beginning on the date a police officer returns to work from any leave of absence, the following requirements must be met:

(a) Maintenance Training Requirements as described in section (7) or (8) of this section;

(b) Proof of current First Aid and CPR cards;

(c) Any other applicable requirement for employment, training or certification as specified in OAR 259-008-0010, 259-008-0025 or 259-008-0060.

(4) Documentation of Maintenance Training:

(a) The employing agency must maintain documentation of required training and First Aid/CPR certification on each police officer;

(b) Any training submitted to the Department on an F-6 Course Roster will be entered into each officer's DPSST training record.

(c) Maintenance training submitted on an F-6 will be credited towards the number of hours required for each maintenance training category in section (2) above.

(5) On or after January 2 of each year, the Department will identify all police officers who are deficient in maintenance training or First Aid/CPR certification according to Department records. A Contested Case Notice of Intent to Suspend will be prepared and served on the officer pursuant to ORS 181.662(c) and these rules. A copy of the notice will be sent to the officer’s employing agency.

(a) All contested case notices will be prepared in accordance with the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015.

(b) An officer who has been served with a Contested Case Notice of Intent to Suspend has 30 days from the date of mailing or personal service of the notice to notify the Department of the training status or First Aid/CPR certification identified as deficient by submitting a Form F-15M-Police to the Department, identifying the training or First Aid/CPR certification completed during the previous three (3) year reporting period or file a written request for hearing with the Department.

(A) Maintenance training and First Aid/CPR training hours reported to the Department on an F-15M-Police will be used solely to verify completion of maintenance training requirements and will not be added to the officer's DPSST training record.

(B) Default Order: If the required training is not reported to the Department or a request for hearing received within 30 days from the date of the mailing or personal service of the notice, the Contested Case Notice will become a final order suspending certification pursuant to OAR 137-003-0672.

(7) A police officer with a suspended certification may not work in a certified position.

(8) Recertification following a suspension:

(a) Recertification following a suspension may be obtained, subject to Department approval, by submitting the following:

(A) A written request for re-certification from the employing agency head, along with an explanation of why the training or First Aid/CPR certification was not obtained;

(B) An F-6 Course Roster verifying that any missed training has been completed, and identifying the training as “Maintenance make-up” training; and

(C) Verification of current First Aid/CPR certification, submitted as provided in subsection (2) (b) of this rule.

(b) After 2-1/2 years in a suspended status a police officer will be required to complete a Career Officer Development Course before recertification.

(c) After more than 5 years in a suspended status a police officer will be required to complete basic training in the appropriate discipline.

(9) Agency heads of the employing agency may document "leave" in extreme circumstances for not completing the annual requirements but must provide documentation as to the reason and indicate when the missed training was completed.

(10) Maintenance Training Requirements for Police Officers on Leave.

(a) A police officer who is on leave for any period between 90 to 180 days will have the same maintenance training deadline as the date established prior to the officer's leave date.

(b) A police officer who is on leave for more than 180 days, but less than one year, will receive a one year extension from the maintenance training deadline established prior to the officer's leave.

(c) A police officer who is on leave for more than one year will receive an extension of the maintenance training deadline established prior to the officer's leave. The extension will be prorated, based on the duration of the officer's leave. Upon the officer's return to work, the officer must complete the mandatory eight hours of annual firearms/use of force maintenance training within 30 days of the officer's return to work, as follows:

(A) Qualification with the appropriate duty weapon(s); and

(B) Completion of sufficient additional firearms and use of force refresher training to total eight hours.

(d) Failure to meet the requirements of subsection (c) of this section will result in a Notice of Intent to Suspend as described in subsection (5) of this rule.

(11) Maintenance Training Requirements for Previously Certified Police Officers. Any police officer who has not been employed as a police officer for between one year and five years must complete the mandatory eight hours of annual firearms/use of force maintenance training within 30 days of the officer's return to work, as follows:

(a) Qualification with the appropriate duty weapon(s); and

(b) Completion of sufficient additional firearms and use of force refresher training to total eight hours.

Stat. Auth.: ORS 181.652, 181.653 & 181.667
Stats. Implemented: ORS 181.652, 181.653 & 181.667
Hist.: PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 22-2002, f. & cert. ef. 11-18-02; BPSST 9-2003, f. & cert. ef. 4-22-03; DPSST 11-2006(Temp), f. & cert. ef. 8-15-06 thru 2-1-07; DPSST 13-2006, f. & cert. ef. 10-13-06; DPSST 3-2007, f. & cert. ef. 1-12-06; DPSST 3-2009, f. & cert. ef. 4-8-09; DPSST 7-2010, f. 7-15-10, cert. ef. 8-1-10; DPSST 31-2012, f. & cert. ef. 12-27-12

259-008-0066

Maintenance of Certification for Part-time Parole and Probation Officers

(1) Basic Certification. All certified parole and probation officers who have obtained basic certification and employment as a full-time parole and probation officer for a minimum of one year may continue certification if:

(a) That officer begins working as a parole and probation officer in a part-time capacity, as defined in OAR 259-008-0005 and ORS 181.610 within three (3) months of leaving a full-time position; and

(b) The employing agency notifies the Department of all personnel actions involving part-time parole and probation officers whose certification is to be continued on a Personnel Action Report (DPSST Form F-4) as required under OAR 259-008-0020.

(2) In order to maintain certification, part-time parole and probation officers must complete at least 20 hours of maintenance training annually. The content of the training is determined by the agency head of the employing agency.

(a) The annual maintenance training cycle for part-time parole and probation officers begins on January 1st and ends on December 31st of each year.

(b) The employing agency must maintain documentation of all required maintenance training for each part-time parole and probation officer.

(c) The employing agency must provide documentation to the Department of training completed from January 1st through December 31st of each year.

(3) On or after December 31st of each year, the Department will identify all part-time parole and probation officers who are deficient in maintenance training hours according to Department records. A Contested Case Notice of Intent to Suspend will be prepared and served on the officer pursuant to ORS 181.662(c) and these rules. A copy of the notice will be sent to the officer’s employing agency.

(a) All contested case notices will be prepared in accordance with the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015.

(b) An officer who has been served with a Contested Case Notice of Intent to Suspend has 30 days from the date of mailing or personal service of the notice to notify the Department of the training status identified as deficient by submitting a Part-Time Parole & Probation Officer Maintenance Training Log (Form F-17) to the Department identifying the maintenance training hours completed during the previous one (1) year reporting period or to file a written request for hearing with the Department.

(c) Maintenance training hours reported to the Department on a Form F-17 will be used solely to verify completion of maintenance training requirements and will not be added to the officer’s training record. A Form F-6 (Course Attendance Roster) must be forwarded to the Department to have training hours added to an officer’s record.

(4) Default order: If the required training is not reported to the Department or a request for a hearing received within 30 days from the date of the mailing or personal service of the notice, the Contested Case Notice will become a final order suspending certification pursuant to OAR 137-003-0672.

(5) An officer with a suspended certification is prohibited from being employed in any position for which the certification has been suspended.

(6) Recertification following a suspension may be obtained, subject to Department approval, by submitting the following to the Department:

(a) A written request from the employing agency head requesting recertification, along with a justification of why the required maintenance training hours were not reported; and

(b) Verification that maintenance training hours were completed.

(7) Upon written request from the head of an employing agency, the Department may grant an extension for the completion of maintenance training hours if an officer was on an extended leave of absence or the Department finds there is other good cause to grant an extension. The granting of such an extension is within the sole discretion of the Department.

(8) Certificates and awards are the property of the Department. The Department has the power to revoke or suspend any certificate or award as provided in the Act.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 181.640 & 181.653
Stats. Implemented: ORS 181.640 & 181.653
Hist.: BPSST 11-2000, f. 11-13-00, cert. ef. 11-15-00; DPSST 5-2004, f. & cert. ef. 4-23-04; DPSST 8-2012, f. & cert. ef. 3-29-12; DPSST 31-2012, f. & cert. ef. 12-27-12

259-008-0067

Lapsed Certification

(1) The certification of any law enforcement officer who does not serve as a law enforcement officer or any certified reserve officer who is not utilized as a certified reserve officer for any period of time in excess of three consecutive months is lapsed.

(a) Upon reemployment as a law enforcement officer, or recommencing service as a certified reserve officer, the person whose certification has lapsed must reapply for certification in the manner provided in the Act and these rules.

(b) Notwithstanding subsection (1), the certification of a law enforcement officer or certified reserve officer does not lapse if the officer is on leave from a law enforcement unit.

(2) The certification of any telecommunicator or emergency medical dispatcher who is not utilized as a telecommunicator or emergency medical dispatcher for any period of time in excess of 12 consecutive months is lapsed.

(a) Upon reemployment as a telecommunicator or emergency medical dispatcher, the person whose certification has lapsed must reapply for certification in the manner provided in the Act and these rules.

(b) Notwithstanding subjection (2), the certification of a telecommunicator or emergency medical dispatcher does not lapse if the telecommunicator or emergency medical dispatcher is on leave from a public or private safety agency.

(3) The certification of any instructor who is not utilized as an instructor for any period of time in excess of five years is lapsed. Upon reemployment as an instructor, the person whose certification has lapsed may reapply for certification in the manner provided in OAR 259-008-0080.

Stat. Auth.: ORS 181.652, 181.653 & 181.667
Stats. Implemented: ORS 181.652, 181.653 & 181.667
Hist.: BPSST 9-2003, f. & cert. ef. 4-22-03; DPSST 5-2004, f. & cert. ef. 4-23-04; DPSST 7-2010, f. 7-15-10, cert. ef. 8-1-10; DPSST 10-2013(Temp), f. & cert. ef. 6-5-13 thru 10-1-13; DPSST 19-2013, f. & cert. ef. 9-23-13; DPSST 5-2014, f. & cert. ef. 1-29-14; DPSST 19-2014, f. & cert. ef. 7-23-14

259-008-0069

Tribal Law Enforcement

(1) In order for individuals employed as public safety officers by a tribal government to be eligible for certification as a public safety officer:

(a) The tribal government must comply with all requirements found in ORS 181.610 to 181.712 and OAR 259, Section 8, applicable to law enforcement units.

(b) Tribal law enforcement units must annually complete an Annual Affidavit for Tribal Law Enforcement Units (Form F-8a).

(c) A certified public safety officer employed by a tribal government must comply with all requirements found in ORS 181.610 to 181.712 and OAR 259, Section 8, applicable to public safety officers.

(2) Failure of a tribal government to comply with any requirements of section (1) of this rule will result in the lapse of certification of all certified public safety officers employed with the affected tribal government. Upon reemployment as a public safety officer or upon compliance with requirements by a tribal government, a person whose certification has lapsed may apply for recertification in the manner provided in 2011 OR SB 412 and this rule.

(3) Tribal governments choosing to comply with the provisions of OR Laws 2011 Chapter 644 regarding authorized tribal police officers must submit a resolution to the Department that includes the following:

(a) A declaration of compliance with all requirements of OR Laws 2011 Chapter 644;

(b) Proof of insurance. Acceptable proof of insurance consists of:

(A) A full copy of the public liability and property damage insurance for vehicles operated by the tribal government’s authorized tribal police officers and a full copy of the police professional liability insurance policy from a company licensed to sell insurance in the state of Oregon; or

(B) A description of the tribal government’s self-insurance program which is in compliance with OR Laws 2011 Chapter 644.

(c) Tribal governments must file a written description of all material changes to insurance policies or the tribal government’s self-insurance program with the Department within 30 days of the change.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: 2011 OL Ch. 644
Stats. Implemented: 2011 OL Ch. 644
Hist.: DPSST 15-2011(Temp), f. & cert. ef. 10-27-11 thru 3-28-12; DPSST 16-2011(Temp), f. & cert. ef. 11-28-11 thru 3-28-12; DPSST 3-2012, f. & cert. ef. 2-29-12; DPSST 15-2013, f. & cert. ef. 6-25-13; DPSST 1-2014, f. & cert. ef. 1-2-14; DPSST 33-2014, f. 12-30-14, cert. ef. 1-1-15

259-008-0070

Denial/Revocation

(1) It is the responsibility of the Board to set the standards, and of the Department to uphold them, to ensure the highest levels of professionalism and discipline. These standards shall be upheld at all times unless the Board determines that neither the safety of the public nor respect of the profession is compromised.

(2) Definitions. For purposes of this rule, the following definitions apply:

(a) “Denial” or “Deny” means the refusal to grant a certification for mandatory grounds or discretionary disqualifying misconduct as identified in this rule, pursuant to the procedures identified in (9) of this rule.

(b) “Discretionary Disqualifying Misconduct” means misconduct identified in OAR 259-008-0070(4).

(c) “Revocation” or “Revoke” means to withdraw the certification of a public safety professional for mandatory grounds or discretionary disqualifying misconduct as identified in this rule, pursuant to the procedures identified in section (9) of this rule.

(3) Mandatory Grounds for Denying or Revoking Certification of a Public Safety Professional:

(a) Standards and Certification must deny or revoke the certification of any public safety professional after written notice and hearing, based upon a finding that:

(A) The public safety professional has been discharged for cause from employment as a public safety professional. For purposes of this rule, “discharged for cause,” means an employer-initiated termination of employment for any of the following reasons after a final determination has been made. If, after service by Standards and Certification of a Notice of Intent to Deny or Revoke Certifications (NOI), the public safety professional provides notice to Standards and Certification within the time stated in the NOI that the discharge has not become final, then Standards and Certification may stay further action, pending a final determination.

(i) Dishonesty: Includes untruthfulness, dishonesty by admission or omission, deception, misrepresentation, falsification;

(ii) Disregard for the Rights of Others: Includes violating the constitutional or civil rights of others, conduct demonstrating a disregard for the principles of fairness, respect for the rights of others, protecting vulnerable persons, and the fundamental duty to protect and serve the public.

(iii) Gross Misconduct: means an act or failure to act that creates a danger or risk to persons, property, or to the efficient operation of the agency, recognizable as a gross deviation from the standard of care that a reasonable public safety professional would observe in a similar circumstance;

(iv) Incompetence: means a demonstrated lack of ability to perform the essential tasks of a public safety professional that remedial measures have been unable to correct; or

(v) Misuse of Authority: Includes abuse of public trust, abuse of authority to obtain a benefit, avoid a detriment, or harm another, and abuse under the color of office.

(B) The public safety professional has been convicted in this state or any other jurisdiction of a crime designated under the law where the conviction occurred as being punishable as a felony or as a crime for which a maximum term of imprisonment of more than one year may be imposed;

(C) The public safety professional has been convicted of violating any law of this state or any other jurisdiction involving the unlawful use, possession, delivery or manufacture of a controlled substance, narcotic or dangerous drug, except the Department may deny certification for a conviction of possession of less than one ounce of marijuana, which occurred prior to certification; or

(D) The public safety professional has been convicted in this state of any of the following offenses, or of their statutory counterpart(s) in any other jurisdiction, designated under the law where the conviction occurred as being punishable as a crime:

25.785(3) (False Submission of a Statement Regarding Social Security Number);

106.041(5) (Intentional False Statement on Marriage License; Application);

162.075 (False swearing);

162.085 (Unsworn falsification);

162.145 (Escape in the third degree);

162.175 (Unauthorized departure);

162.195 (Failure to appear in the second degree);

162.235 (Obstructing governmental or judicial administration);

162.247 (Interfering with a peace officer);

162.257 (Interfering with a firefighter or emergency medical technician);

162.295 (Tampering with physical evidence);

162.305 (Tampering with public records);

162.315 (Resisting arrest);

162.335 (Compounding);

162.365 (Criminal impersonation);

162.369 (Possession of false law enforcement identification);

162.375 (Initiating a false report);

162.385 (Giving false information to a peace officer for a citation or arrest warrant);

162.415 (Official misconduct in the first degree);

163.200 (Criminal mistreatment in the second degree);

163.454 (Custodial sexual misconduct in the second degree);

163.687 (Encouraging child sexual abuse in the third degree);

163.732 (Stalking);

164.045 (Theft in the second degree);

164.085 (Theft by deception);

164.095 (Theft by receiving);

164.125 (Theft of services);

164.235 (Possession of a burglary tool or theft device);

164.877 (Unlawful tree spiking; unlawful possession of substance that can damage certain wood processing equipment);

165.007 (Forgery in the second degree);

165.017 (Criminal possession of a forged instrument in the second degree);

165.037 (Criminal simulation);

165.042 (Fraudulently obtaining a signature);

165.047 (Unlawfully using slugs);

165.055 (Fraudulent use of a credit card);

165.065 (Negotiating a bad check);

165.080 (Falsifying business records);

165.095 (Misapplication of entrusted property);

165.100 (Issuing a false financial statement);

165.102 (Obtain execution of documents by deception);

165.118(1) (Unlawfully Altering Metal Property);

165.118(2)(a)(b) (False Statement on a Metal Property Record);

165.825 (Sale of drugged horse);

166.065(1)(b) (Harassment);

166.155 (Intimidation in the second degree);

166.270 (Possession of weapons by certain felons);

166.350 (Unlawful possession of armor-piercing ammunition);

166.416 (Providing false information in connection with a transfer of a firearm);

166.418 (Improperly transferring a firearm);

166.470 (Limitations and conditions for sales of firearms);

167.007 (Prostitution);

167.075 (Exhibiting an obscene performance to a minor);

167.080 (Displaying obscene materials to minors);

167.132 (Possession of gambling records in the second degree);

167.147 (Possession of a gambling device);

167.222 (Frequenting a place where controlled substances are used);

167.262 (Adult using minor in commission of controlled substance offense);

167.320 (Animal abuse in the first degree);

167.330 (Animal neglect in the first degree);

167.332 (Prohibition against possession of domestic animal);

167.333 (Sexual assault of animal);

167.337 (Interfering with law enforcement animal);

167.355 (Involvement in animal fighting);

167.370 (Participation in dogfighting);

167.431 (Participation in cockfighting);

167.820 (Concealing the birth of an infant);

305.815 (False Swearing of Return, Statement or Other Tax Document);

307.990 (Willful False Statement to Property Tax Assessment Officer);

398.224 (Refusal to Appear to Testify);

462.415(2) (Racing a Prohibited Animal);

462.420 (Stimulating or Depressing Participating Animal);

462.430 (Influencing the Results of Races);

462.450 (Possession, Transportation or Use of Drugs at Race Course);

462.460 (Racing an Animal Under Name or Designation Other than Registered Name or Designation or Altering License);

462.470 (Aiding or Abetting Racing Animal Under Name or Designation Other than Registered Name or Designation);

475.525 (Sale of drug paraphernalia);

475.840 (Manufacture or deliver a controlled substance);

475.860 (Unlawful delivery of marijuana);

475.864 (Unlawful possession of marijuana);

475.906 (Distribution of controlled substance to minors);

475.910 (Application of controlled substance to the body of another person);

475.912 (Unlawful delivery of imitation controlled substance);

475.914 (Unlawful acts, registrant delivering or dispensing controlled substance);

475.916 (Prohibited acts involving records and fraud);

475.918 (Falsifying drug test results);

475.920 (Providing drug test falsification equipment);

475.950 (Failure to report precursor substances transaction);

475.955 (Failure to report missing precursor substances);

475.960 (Illegally selling drug equipment);

475.965 (Providing false information on precursor substances report or record);

475.969 (Unlawful possession of phosphorus);

475.971 (Unlawful possession of anhydrous ammonia);

475.973 (Unlawful possession of ephedrine, pseudoephedrine or phenylpropanolamine; unlawful distribution);

475.975 (Unlawful possession of iodine in its elemental form);

475.976 (Unlawful possession of iodine matrix);

657.300 (False Statements or Failure to Report Material Fact by Employer);

657.495 (Fraudulently Lowering Contributions);

658.415 (False Swearing or Affirmation of Application of License, Proof of Insurance and Financial Responsibilities of Farm Labor Contractors);

659.810 (Filing a False Statement with Employment Agency to Secure Labor);

679.170(3) (Fraudulent Alteration of Diploma, Certificate or Transcript);

679.170(5) (Willful False Statement to Oregon Board of Dentistry);

689.995 (Willfully Furnishing False Information; Pharmacists, Drug Outlets, Drug Sales);

807.520 (False swearing to receive license);

807.620 (Giving false information to police officer);

(E) Any offense involving any acts of domestic violence as defined in ORS 135.230.

(b) Standards and Certification must take action on a mandatory disqualifying conviction, regardless of when it occurred, unless Standards and Certification, or the Board, has previously reviewed the conviction and approved the public safety professional for certification under a prior set of standards.

(4) Discretionary disqualifying misconduct as Grounds for Denying or Revoking Certification(s) of a Public Safety Professional:

(a) Standards and Certification may deny or revoke the certification of any public safety professional after written notice, and a hearing, if requested, based upon a finding that:

(A) The public safety professional falsified any information submitted on the application for certification or on any documents submitted to the Board or Department;

(B) The public safety professional has engaged in conduct that fails to meet the applicable minimum standards as described in subsection (b), minimum training or the terms and conditions established under ORS 181.640;

(C) The public safety professional has engaged in conduct that resulted in the conviction of an offense, punishable as a crime, other than a mandatory disqualifying crime listed in section (3) of this rule, in this state or any other jurisdiction. Presumptive categories have been identified for the crimes listed in subsection (4), based solely on the elements of the crime. Other categories may apply based on the conduct leading to the conviction; or

(D) A public safety officer failed to attend at least one session with a mental health professional within six months after the public safety officer was involved in using deadly physical force, as required by ORS 181.789.

(b) For purposes of this rule, discretionary disqualifying misconduct includes misconduct falling within the following categories:

(A) Category I: Dishonesty: Includes untruthfulness, dishonesty by admission or omission, deception, misrepresentation, falsification;

(B) Category II: Disregard for the Rights of Others: Includes violating the constitutional or civil rights of others, and conduct demonstrating a disregard for the principles of fairness, respect for the rights of others, protecting vulnerable persons, and the fundamental duty to protect or serve the public;

(C) Category III: Misuse of Authority: Includes abuse of public trust, obtaining a benefit, avoidance of detriment, or harming another, and abuses under the color of office;

(D) Category IV: Gross Misconduct: Means an act or failure to act that creates a danger or risk to persons, property, or to the efficient operation of the agency, recognizable as a gross deviation from the standard of care that a reasonable public safety professional would observe in a similar circumstance;

(E) Category V: Misconduct: Misconduct includes conduct that violates the law, practices or standards generally followed in the Oregon public safety profession. By definition, all criminal convictions meet the definition of Misconduct within this category.

NOTE: It is the intent of this rule that “Contempt of Court” meets the definition of Misconduct within this category; or

(F) Category VI: Insubordination: Includes a refusal by a public safety professional to comply with a rule or order, where the order was reasonably related to the orderly, efficient, or safe operation of the agency, and where the public safety professional’s refusal to comply with the rule or order constitutes a substantial breach of that person’s duties.

(c) For discretionary disqualifying misconduct, the applicable category will be determined based on the facts of each case. Discretionary disqualifying misconduct under (a)(C) includes, but is not limited to, the following list, which identifies the applicable category for each listed discretionary offense, based on the elements of the crime.

NOTE: Those criminal convictions not listed below are presumptively considered Misconduct (Category V):

25.260 (Unlawful Disclosure of Confidential Records of Child Support Division) — Category II;

162.405 (Official Misconduct in the Second Degree) — Category III;

162.425 (Misuse of Confidential Information) — Category III;

162.465 (Unlawful Legislative Lobbying) — Category I;

163.160 (Assault in the Fourth Degree) — Category II;

163.187 (Strangulation) — Category II;

163.190 (Menacing) — Category II;

163.195 (Recklessly Endangering Another Person) — Category IV;

163.212 (Unlawful Use of Stun Gun, Tear Gas or Mace in the Second Degree) — Category IV;

163.415 (Sexual Abuse in the Third Degree) — Category II;

163.435 (Contributing to the Sexual Delinquency of a Minor) — Category II;

163.445 (Sexual Misconduct) — Category II;

163.465 (Public Indecency) — Category II;

163.467 (Private Indecency) — Category II;

163.545 (Child Neglect in the Second Degree) — Category IV;

163.693 (Failure to Report Child Pornography) — Category IV;

163.575 (Endangering the Welfare of a Minor) — Category III;

163.700 (Invasion of Personal Privacy) — Category II;

163.709 (Unlawful Directing of Light from a Laser Pointer) — Category IV;

164.162 (Mail Theft or Receipt of Stolen Mail) — Category I;

164.265 (Criminal Trespass While in Possession of a Firearm) — Category IV;

164.272 (Unlawful Entry into a Motor Vehicle) — Category IV;

164.335 (Reckless Burning) — Category IV;

164.785 (Placing Offensive Substances in waters/on highways or property) — Category IV;

164.845 (FTA on Summons for ORS 164.813 or 164.825) — Category IV;

164.887 (Interference with Agricultural Operations) — Category II;

165.540 (Obtaining Contents of Communications) — Category IV;

165.570 (Improper Use of Emergency Reporting System) — Category IV;

165.572 (Interference with Making a Report) — Category II;

165.577 (Cellular Counterfeiting in the Third Degree) — Category I;

165.805 (Misrepresentation of Age by a Minor) — Category I;

166.025 (Disorderly Conduct in the Second Degree) — Category IV;

166.027 (Disorderly Conduct in the First Degree) — Category IV;

166.075 (Abuse of Venerated Objects) — Category II;

166.076 (Abuse of a Memorial to the Dead) — Category II;

166.090 (Telephonic Harassment) — Category II;

166.095 (Misconduct with Emergency Telephone Calls) — Category IV;

166.155 (Intimidation in the Second Degree) — Category II;

166.180 (Negligently Wounding Another) — Category IV;

166.190 (Pointing a Firearm at Another) — Category IV;

166.240 (Carrying a Concealed Weapon) — Category IV;

166.250 (Unlawful Possession of a Firearm) — Category IV;

166.320 (Setting of a Springgun or Setgun) — Category IV;

166.385 (Possession of Hoax Destructive Device) — Category IV;

166.425 (Unlawful Purchase of Firearm) — Category I;

166.427 (Register of Transfers of Used Firearms) — Category IV;

166.480 (Sale or Gift of Explosives to Children) — Category IV;

166.635 (Discharging Weapon or Throwing Object at Trains) — Category IV;

166.638 (Discharging Weapon Across Airport Operational Surfaces) — Category IV;

166.649 (Throwing Object off Overpass in the Second Degree) — Category IV;

167.312 (Research and Animal Interference) — Category II;

167.315 (Animal Abuse in the Second Degree) — Category IV;

167.325 (Animal Neglect in the Second Degree) — Category IV;

167.340 (Animal Abandonment) — Category IV;

167.352 (Interfering with Assistance, Search and Rescue or Therapy Animal) — Category IV;

167.385 (Unauthorized Use of Livestock Animal) — Category II;

167.388 (Interference with Livestock Production) — Category II;

167.808 (Unlawful Possession of Inhalants) — Category IV;

167.810 (Creating a Hazard) — Category IV;

167.822 (Improper Repair Vehicle Inflatable Restraint System) — Category IV;

241.525 (Corrupt Practices) — Category III;

Chapter 319 (Any Violation Involving a False Statement — Motor Vehicle and Aircraft Fuel Tax) — Category I;

411.320 (Disclosure and Use of Public Assistance Records) — Category II;

468.956 (Refusal to Produce Material Subpoenaed by the Commission) — Category IV;

471.410 (Providing Liquor to Person under 21 or to Intoxicated Person) — Category IV;

609.805 (Misrepresentation of Pedigree; Mutilation of Certificate or Proof of Pedigree) — Category I;

609.990(3)(a) (Violation of ORS 609.098 — Maintaining a Dangerous Dog) — Category IV;

632.470 (False Representation as to Raising, Production or Packaging) — Category I;

632.475 (Possession of Unlabeled, Falsely Labeled or Deceptively Packed Products) — Category I;

657.295 (Violation of Unemployment Insurance Witness Fees, Disputed Claims Expenses and Counsel Fees) — Category I;

659.800 (Use of Force or Misrepresentation to Prevent Employment) — Category I;

659.805 (Blacklisting and Blackmailing) — Category II;

659.815 (Deceptive Representations or Advertisements by Persons Employing Labor) — Category 1;

659.845 (Fraudulently Accepting Advancement and Refusing to Work) — Category I;

661.040 (Violation of Limitations of Fees Charged laborers by Collective Bargaining Agents) — Category 1;

661.260 (False Filing or Fraudulent Filing) — Category I;

688.120 (Fraudulent Representation as a Physical Therapist or Physical Therapist Assistant) — Category 1;

731.260 (False or Misleading Filings; Insurance Code) — Category I;

803.225 (Failure to Designate Replica Vehicle in Title or Registration Application) — Category I;

807.430 (Misuse of Identification Card) — Category I;

807.510 (Transfer of documents for the purpose of misrepresentation) — Category I;

807.530 (False Application for License) — Category I;

807.580 (Using Invalid License) — Category I;

807.590 (Permitting Misuse of License) — Category I;

807.600 (Using Another’s License) — Category I;

811.060 (Vehicular Assault of Bicyclist or Pedestrian) — Category IV;

811.140 (Reckless Driving) — Category IV;

811.182 (Criminal Driving While Suspended or Revoked) — Category IV;

811.231 (Reckless Endangerment of Highway Workers) — Category IV;

811.540 (Fleeing or Attempt to Elude a Police Officer) — Category IV;

811.700 (Failure to Perform Duties of Driver when Property is Damaged) — Category IV;

811.740 (False Accident Report) — Category I;

813.010 (Driving Under the Influence of Intoxicants) — Category IV;

825.990(3)(d) (False Material Statement or Representation in any Application, Label, Manifest, Record, Report, Permit or Other Document Filed, Maintained or Used for Purposes of Compliance) — Category I;

825.990(3)(e) (Failure to Include Material Information Required by Department of Transportation) — Category I;

830.035(2) (Fleeing; Attempts to Elude) — Category IV;

830.053 (False or Fraudulent Report of Theft of Boat) — Category I;

830.315(1) (Reckless Operation) — Category IV;

830.325 (Operate a Boat while Under the Influence of Intoxicating Liquor or Controlled Substance) — Category IV;

830.475(1) (Failure to Perform the Duties of an Operator at Accident) — Category IV;

830.730 (False Information) — Category I;

830.994 (Operate a Boat in Violation of a Court Order) — Category IV;

837.080 (Prohibited Operation of an Aircraft) — Category IV.

(d) Initial Periods of Ineligibility. Upon determination to proceed with the denial or revocation of a public safety professional’s certification based on discretionary disqualifying misconduct identified in subsection (a), an initial minimum period of ineligibility to apply for certification will be determined based upon the category of misconduct (i.e., Dishonesty, Disregard for Rights of Others, Misuse of Authority, Gross Misconduct, Misconduct or Insubordination).

(e) Following review and recommendation by a Policy Committee, the Board will determine the initial minimum period of ineligibility for discretionary disqualifying misconduct identified in subsection (a) from the time frame identified below for each category of discretionary disqualifying misconduct:

(A) Category I: Dishonesty (5 years to Lifetime).

(B) Category II: Disregard for Rights of Others (5 years to 15 years).

(C) Category III: Misuse of Authority (5 years to 10 years).

(D) Category IV: Gross Misconduct (5 years to 10 years).

(E) Category V: Misconduct (3 years to 7 years).

(F) Category VI: Insubordination (3 years to 7 years).

(5) Eligibility to Reapply; Ineligibility Periods. A person is not eligible to reapply for training or certification if the person had training or certification denied or revoked for:

(a) Mandatory grounds identified in section (3) of this rule; or

(b) Discretionary Disqualifying Misconduct identified in section (4) of this rule that is determined to be a Category I lifetime disqualifier.

(6) Eligibility to reapply for certification:

(a) In determining the initial minimum period of ineligibility within any category for discretionary disqualifying misconduct listed in section (4) of this rule, the Board will take into consideration any mitigating or aggravating factors, subject to the provisions of section (9) of this rule.

(b) The initial minimum period of ineligibility will be included in any Final Order of the Department.

(c) Any subsequent eligibility to apply for certification will be determined by the Board, after Policy Committee review, subject to the provisions of section (11) of this rule.

(7) Guidelines for Denial or Revocation Based on Discretionary Disqualifying Misconduct. In determining whether to take action on a conviction, Standards and Certification must use the following guidelines:

(a) In making a decision on a discretionary denial or revocation, Standards and Certification will consider the implementation dates relating to new mandatory conviction notification requirements adopted in 2003 and statutory changes dealing with lifetime disqualifier convictions for public safety professionals adopted in 2001.

(b) Standards and Certification will not take action on a conviction constituting discretionary disqualifying misconduct that occurred prior to January 1, 2001. However, Standards and Certification may consider such conviction as evidence that a public safety professional does not meet the established moral fitness guidelines.

(c) Standards and Certification may take action on any conviction constituting discretionary disqualifying misconduct that occurred after January 1, 2001; however, crimes with a presumptive category of only Misconduct (Category V) may be appropriate for summary staff disposition or administrative closure if the conviction occurred seven years or more prior to the date of review and it represents the sole criminal conviction in the public safety professional’s history.

(d) The Board may reconsider any mandatory conviction which subsequently becomes a conviction constituting discretionary disqualifying misconduct, upon the request of the public safety professional.

(e) The length of ineligibility for training or certification based on a conviction begins on the date of conviction.

(f) Standards and Certification will not take action against a public safety professional or agency for failing to report, prior to January 1, 2003, a conviction that constitutes discretionary disqualifying misconduct.

(g) Standards and Certification may take action against a public safety professional or agency for failing to report, after January 1, 2003, any conviction that constitutes discretionary disqualifying misconduct.

(8) Scope of Revocation. Whenever the Department revokes the certification of any public safety professional under the provisions of OAR 259-008-0070, the revocation will encompass all public safety certificates, except fire certification(s), the Department has issued to that person.

(9) Denial and Revocation Procedure.

(a) Agency Initiated Review: When the entity utilizing a public safety professional requests that a public safety professional’s certification be denied or revoked, it must submit in writing to Standards and Certification the reason for the requested denial or revocation and all factual information supporting the request.

(b) Standards and Certification Initiated Review: Upon receipt of factual information from any source, and pursuant to ORS 181.662, Standards and Certification may request that the public safety professional’s certification be denied or revoked.

(c) Standards and Certification Staff Review: When Standards and Certification receives information, from any source, that a public safety professional may not meet the established standards for Oregon public safety professionals, Standards and Certification will review the request and the supporting factual information to determine if the request for denial or revocation meets statutory and administrative rule requirements.

(A) If the reason for the request does not meet the statutory and administrative rule requirements for denial or revocation Standards and Certification will notify the requestor.

(B) If the reason for the request does meet statutory and administrative rule requirements but is not supported by adequate factual information, Standards and Certification will request further information from the employer or conduct its own investigation of the matter.

(C) If Standards and Certification determines that a public safety professional may have engaged in discretionary disqualifying misconduct listed in subsection (4), the case may be presented to the Board, through a Policy Committee.

(D) Standards and Certification will seek input from the affected public safety professional, allowing him or her to provide, in writing, information for the Policy Committee and Board’s review.

(E) In misconduct cases where there has been an arbitrator’s opinion related to the public safety professional’s employment, Standards and Certification will proceed as follows:

(i) If the arbitrator’s opinion finds that underlying facts supported the allegations of misconduct, Standards and Certification will proceed as identified in paragraphs (A) through (D) of this subsection.

(ii) If the arbitrator has ordered employment reinstatement after a discharge for cause without a finding related to whether the misconduct occurred, Standards and Certification will proceed as identified in paragraphs (A) through (D) of this subsection.

(iii) If the arbitrator’s opinion finds that underlying facts did not support the allegation(s) of misconduct, Standards and Certification will proceed as identified in paragraph (A) of this subsection and administratively close the matter.

(d) Policy Committee and Board Review: In making a decision to authorize initiation of proceedings under subsection (e) of this rule, based on discretionary disqualifying misconduct, the Policy Committees and Board may consider mitigating and aggravating circumstances, including, but not limited to, the following:

(A) When the misconduct occurred in relation to the public safety professional’s employment in public safety (i.e., before, during after);

(B) If the misconduct resulted in a conviction:

(i) Whether it was a misdemeanor or violation;

(ii) The date of the conviction(s);

(iii) Whether the public safety professional was a minor at the time and tried as an adult;

(iv) Whether the public safety professional served time in prison or jail and the length of incarceration;

(v) Whether restitution was ordered, and whether the public safety professional met all obligations;

(vi) Whether the public safety professional has ever been on parole or probation. If so, the date the parole or probation period expired or will expire; and

(vii) Whether the public safety professional has more than one conviction and over what period of time;

(C) Whether the public safety professional engaged in the same misconduct more than once and over what period of time;

(D) Whether the actions of the public safety professional reflect adversely on the profession or would cause a reasonable person to have substantial doubts about the public safety professional’s honesty, fairness, respect for the rights of others, or for the laws of the state or the nation;

(E) Whether the misconduct involved domestic violence;

(F) Whether the public safety professional self-reported the misconduct;

(G) Whether the conduct adversely reflects on the fitness of the public safety professional to perform as a public safety professional;

(H) Whether the conduct renders the public safety professional otherwise unfit to perform their duties because the agency or public has lost confidence in the public safety professional; and

(I) What the public safety professional’s physical or emotional condition was at the time of the conduct.

(e) Initiation of Proceedings: Upon determination that the reason for denial or revocation is supported by factual data meeting the statutory and administrative rule requirements, a contested case notice will be prepared and served on the public safety professional.

(f) Contested Case Notice:

(A) All contested case notices will be prepared in accordance with the applicable provisions of the Attorney General’s Model Rules or Procedures adopted under OAR 259-005-0015.

(B) In discretionary cases heard by a policy committee, the contested case notice will be served on the public safety professional prior to Board review. If the Board disapproves the policy committee’s recommendation, the Department will withdraw the Contested Case Notice.

(g) Response Time:

(A) A party who has been served with a “Contested Case Notice of Intent to Deny Certification” has 60 days from the date of mailing or personal service of the notice in which to file a written request for a hearing with the Department.

(B) A party who has been served with the “Contested Case Notice of Intent to Revoke Certification” has 20 days from the date of mailing or personal service of the notice in which to file a written request for hearing with the Department.

(h) Default Orders:

(A) If a timely request for a hearing is not received, the Contested Case Notice will become a final order denying or revoking certification pursuant to OAR 137-003-0672.

(B) If a timely request for a hearing is not received in cases heard by a policy committee, the Contested Case Notice will become a final order denying or revoking certification pursuant to OAR 137-003-0672, pending Board affirmation.

(i) Hearing Request: If a timely request for a hearing is received, the Department will refer the matter to the Office of Administrative Hearings in accordance with OAR 137-003-0515.

(j) Proposed and Final Orders:

(A) In cases in which a hearing is requested, proposed orders, exceptions, and final orders will be issued pursuant to the applicable provisions of the Attorney General’s Model Rules of Procedures adopted under OAR 259-005-0015.

(B) Department-proposed amendments to a proposed order issued by an Administrative Law Judge in a case that was originally heard by a policy committee must be considered and approved by the policy committee that originally reviewed the case before a final order can be issued.

(k) Stipulated Order Revoking Certification: The Department may enter a stipulated order revoking the certification of a public safety professional upon the person’s voluntary agreement to terminate an administrative proceeding to revoke a certification, or to relinquish a certification, under the terms and conditions outlined in the stipulated order.

(10) Appeal Procedure. A public safety professional, aggrieved by the findings and Order of the Department may, as provided in ORS 183.480, file an appeal with the Court of Appeals from the final Order of the Department.

(11) Reapplication Process.

(a) Any public safety professional whose certification has been denied or revoked pursuant to section (4) of this rule, may reapply for certification within the applicable timeframes described in sections (4) through (6) of this rule. The initial minimum ineligibility period will begin on the date an Order of the Department denying or revoking certification becomes final. The initial minimum ineligibility period will cease when the applicable timeframe stated in the Order has been satisfied.

(b) Any public safety professional whose certification has been denied or revoked based on discretionary disqualifying misconduct may not reapply for certification until:

(A) The initial minimum period of ineligibility stated in an Order of the Department denying or revoking certification has been satisfied;

(i) If the initial period of ineligibility for the individual was for a period of less than the maximum period identified in section (4) of this rule, and the Board determines that an individual must remain ineligible to apply for certification, then the individual may not reapply for certification under the provisions of this rule until after the maximum initial period of ineligibility identified in (4) of this rule has been satisfied.

(ii) If the individual has satisfied the maximum initial period of ineligibility and the Board determines that an individual must remain ineligible to apply for certification, then the individual may not submit any further requests for an eligibility determination, and the original denial or revocation remains permanent.

(B) A written request for an eligibility determination has been submitted to the Department and a Policy Committee has recommended that a public safety professional’s eligibility to apply for public safety or instructor certification be restored and the Board has upheld the recommendation;

(i) A request for an eligibility determination should include documentation or information that supports the public safety professional’s request for eligibility to apply for certification.

(ii) In considering a request for an eligibility determination, the Policy Committee and the Board may consider mitigating and aggravating circumstances identified in Section 9(d) of this rule.

(iii) After reviewing a written request for an eligibility determination, the Board, through a Policy Committee, may determine that the individual’s eligibility to apply for certification be restored if the criteria for certification have been met; or determine that the factors that originally resulted in denial or revocation have not been satisfactorily mitigated and the individual must remain ineligible to apply for certification.

(C) The public safety professional is employed or utilized by a public safety agency or the Department; and

(D) All requirements for certification have been met.

Stat. Auth.: ORS 181.640, 181.661, 181.662, 181.664 & 183.341
Stats. Implemented: ORS 181.640, 181.661, 181.662 & 181.664
Hist.: PS 12, f. & ef. 12-19-77; PS 1-1979, f. 10-1-79, ef. 10-3-79; PS 1-1980(Temp), f. & ef. 6-26-80; PS 2-1980, f. & ef. 12-8-80; PS 1-1981, f. 9-26-81, ef. 11-2-81; PS 1-1983, f. & ef. 12-15-83; PS 1-1985, f. & ef. 4-24-85; Renumbered from 259-010-0055, PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 2-1996, f. 5-15-96, cert. ef. 5-20-96; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 6-2000, f. & cert. ef. 9-29-00; BPSST 14-2001(Temp), f. & cert. ef. 10-26-01 thru 4-5-02; BPSST 5-2002(Temp) f. 4-3-02, cert. ef. 4-6-02 thru 8-1-02; BPSST 16-2002, f. & cert. ef. 7-5-02; BPSST 22-2002, f. & cert. ef. 11-18-02; DPSST 7-2003, f. & cert. ef. 4-11-03; DPSST 7-2004, f. & cert. ef. 4-23-04; DPSST 10-2006, f. & cert. ef. 7-6-06; DPSST 16-2008, f. & cert. ef. 10-15-08; DPSST 21-2008, f. 12-15-08, cert. ef. 1-1-09; DPSST 11-2011, f. & cert. ef. 7-1-11; DPSST 11-2012, f. & cert. ef. 4-24-12; DPSST 19-2012, f. & cert. ef. 8-31-12; DPSST 22-2012, f. & cert. ef. 10-23-12; DPSST 26-2012(Temp), f. & cert. ef. 12-14-12 thru 6-12-13; DPSST 3-2013, f. & cert. ef. 1-22-13; DPSST 21-2013, f. & cert. ef. 9-23-13; DPSST 1-2014, f. & cert. ef. 1-2-14; DPSST 4-2014, f. & cert. ef. 1-28-14; DPSST 7-2014(Temp), f. & cert. ef. 2-27-14 thru 8-1-14; DPSST 16-2014, f. & cert. ef. 6-24-14; DPSST 20-2014, f. & cert. ef. 7-30-14; DPSST 21-2014(Temp), f. & cert. ef. 7-31-14 thru 1-27-15; DPSST 30-2014, f. & cert. ef. 10-22-14

259-008-0075

Eligibility for Candidacy for Office of Sheriff

(1) A person is not eligible to be a candidate for election or appointment to the office of sheriff unless at the time in which an eligibility determination is being requested the person:

(a) Is 21 years of age or older;

(b) Has at least four years experience as a full-time law enforcement officer or at least two years experience as a full-time law enforcement officer with at least two years post-high school education; and

(c) Has not been convicted of a felony or any other crime that would prevent the person from being certified as a police officer under ORS 181.610 to 181.670.

(2) As used in section (1) of this rule, "two years post-high school education" means four semesters or six quarters of classroom education in a formal course of study undertaken after graduation from high school in any accredited college or university. The term does not include apprenticeship or on-the-job training.

(3) The procedure for determining whether an individual is eligible to be a candidate for election to the office of sheriff is:

(a) After filing a nominating petition or declaration of candidacy with the county clerk or county official in charge of elections, a potential candidate for sheriff must submit an Application for Determination of Eligibility to Be Sheriff (DPSST Form F-25) and Criminal History Affidavit (DPSST Form F-26) to the Department;

(b) The Department will make an eligibility determination and file a copy of its determination on an individual's eligibility to be a candidate for election to the office of sheriff with the county clerk or county official in charge of elections not later than the 61st day before the date of an election;

(c) The Department will notify the applicant in writing of the determination and decision concerning the eligibility of the applicant by certified mail, mailed to the applicant and postmarked at not later than the 61st day before the date of an election.

(4) If the person is not certified as a police officer by the Department at the time of accepting appointment or filing as a candidate, a person elected or appointed to the office of sheriff must:

(a) Obtain certification not later than one year after taking office;

(b) File a copy of the certification with the County Clerk or the county official in charge of elections within one year after taking office.

(5) Prior to attending any Department-approved training course, a person elected or appointed to the office of Sheriff must comply with the minimum standards for employment and training specified in OAR 259-008-0010 and 259-008-0025. This includes, but is not limited to the following categories:

(a) Citizenship;

(b) Age;

(c) Fingerprints;

(d) Criminal Records;

(e) Notification of Conviction;

(f) Moral Fitness (Professional Fitness);

(g) Education;

(h) Physical Examination:

(A) Any written request for a waiver of any physical requirement must be submitted to the Department as described in OAR 259-008-0010(8)(o);

(B) Any request for a waiver of any physical requirement must be approved by a Policy Committee and Board; and

(C) Any expense associated with providing documentation or testimony will be the responsibility of the person requesting the waiver.

(i) Submitting an Application for Training (DPSST Form F-5) to the Department providing evidence that a law enforcement proficiency test or validated written test designed to evaluate predictors of job-related skills and behaviors has been completed as required in OAR 259-008-0010;

(j) Submitting a current Medical Examination Report (DPSST Form F-2) completed by a licensed physician; and

(k) Completion of a basic course and field training manual, unless a written request for a waiver of this requirement is received and approved by the Department.

(6) Prior to obtaining certification as a police officer, a person elected or appointed to the office of Sheriff must comply with the minimum standards for certification specified in OAR 259-008-0060 which include, but are not limited to:

(a) Full-time employment;

(b) Submission of a Criminal Justice Code of Ethics (DPSST Form F 11);

(c) Submission of an Application for Certification (DPSST Form F-7) with all applicable sections of the form completed; and

(d) Valid first aid and cardiopulmonary resuscitation (CPR) cards.

(7) Any newly elected or appointed public safety officer must submit a Personnel Action Report (DPSST Form F-4) to the Department within 10 business days after taking office or appointment, as provided in OAR 259-008-0020.

(8) For complete information relating to employment, training and certification requirements, refer to the full text of the statutes and rules referenced in subsections (1) through (6) above.

(9) The Department may deny approval or revoke or rescind any approval previously given, if any falsification is made on the application or documents submitted in support of the application.

(10) The Department will provide a copy of this rule to all persons requesting an evaluation of their eligibility to be a candidate for sheriff, upon request.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 206.015
Stats. Implemented: ORS 206.015
Hist.: PS 1-1981, f. 9-26-81, ef. 11-2-81; PS 1-1982, f. & ef. 7-2-82; PS 2-1982, f. & ef. 9-7-82; PS 1-1983, f. & ef. 12-15-83; PS 2-1987, f. & ef. 10-26-87; Renumbered from 259-010-0057, PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; DPSST 9-2007, f. & cert. ef. 8-15-07; DPSST 3-2010, f. 4-12-10, cert. ef. 5-1-10; DPSST 11-2013, f. & cert. ef. 6-24-13; DPSST 18-2013, f. & cert. ef. 7-23-13; DPSST 1-2014, f. & cert. ef. 1-2-14; DPSST 17-2014, f. & cert. ef. 7-23-14

259-008-0076

Eligibility Requirements for Police Chief

(1) In addition to the minimum standards for employment and training as a law enforcement officer as described in OAR 259-008-0010 and 259-008-0025, a person accepting employment as a Police Chief must:

(a) Be currently certified as a police officer by the Department; or

(b) If the person is not currently certified as a police officer by the Department, the person accepting employment as Police Chief must obtain certification no later than 18 months after accepting such employment.

(2) Any person accepting employment as Police Chief must obtain Management certification by the Department within two (2) years of accepting employment as Police Chief, unless an extension is requested in writing and granted by the Department.

(3) The Department may grant an extension of time to obtain a Management certificate upon presentation of evidence by a law enforcement unit that a Police Chief was unable to obtain the certification within the required time limit due to being on leave, or any other reasonable cause as determined by the Department. No extension will be granted beyond one year.

(4) The employing agency must maintain documentation of a Police Chief's qualifications.

(5) The employing agency must notify the Department within 10 days of the date that a Police Chief is appointed, resigns, retires, terminates employment, is discharged, deceased, is on leave, or transfers within a law enforcement unit, or private or public safety agency as required by OAR 259-008-0020.

(6) Failure to obtain a Management Certificate as required in section (2) or (3) above, will result in the immediate suspension of the Police Chief's certification:

(a) A Police Chief with a suspended certification is prohibited from performing the duties of, or working in any capacity as, a Police Chief or Acting Police Chief;

(b) Prior to recertification of a Police Chief's suspended certificate, the employing agency head must submit the following:

(A) A written request for recertification, along with an explanation of the individual's current job duties and why the Department should recertify the individual if they are not currently in a certifiable police officer position; or

(B) Verification that a Management Certificate was obtained, if the individual is requesting reinstatement as a Police Chief.

(c) A police chief whose certification has been suspended pursuant to this rule must submit a completed F-4 (Personnel Action Form) identifying that the individual is no longer serving as, or performing the duties of, police chief prior to reactivating their police certification;

(d) A Police Chief who fails to recertify within 2-1/2 years is subject to the provisions of OAR 259-008-0025(2);

(e) A Police Chief who fails to recertify within five (5) years is subject to the provisions of OAR 259-008-0025(1)(c).

Stat. Auth.: ORS 181.640, 181.665
Stats. Implemented: ORS 181.640, 181.665
Hist.: DPSST 13-2005, f. & cert. ef. 12-7-05; DPSST 9-2007, f. & cert. ef. 8-15-07; DPSST 7-2010, f. 7-15-10, cert. ef. 8-1-10; DPSST 31-2012, f. & cert. ef. 12-27-12

259-008-0078

Eligibility Requirements for Limited Duration, Administrative Positions

(1) To be employed in a limited duration, administrative position, a person must:

(a) Have been certified as a public safety officer in Oregon;

(b) Have honorably retired or left a certifiable position in good standing;

(c) Have 20 or more years of public safety experience;

(d) Have and maintain current First Aid/CPR certification;

(e) Have been employed as a full-time middle manager, assistant department head or department head for a minimum of three years immediately prior to honorably retiring or leaving a certifiable position; and

(f) Have satisfactorily completed Middle Management or Supervisory training.

(2) Employment in a limited duration, administrative position must begin within five years of honorably retiring or leaving a certifiable public safety position in good standing.

(3) A public safety officer, other than a corrections officer, may serve in a limited duration, administrative position for a period of no more than 18 months with any one agency.

(4) A corrections officer may serve in a limited duration, administrative position for a period of no more than 12 months with any one agency.

(5) Agencies employing an individual in a limited duration, administrative position must submit to the Department:

(a) An F-4 (Personnel Action Report) as outlined in OAR 259-008-0020; and

(b) A written request outlining the primary duties and duration of the position. The request must be on official letterhead and signed by the Department Head or individual directly responsible for the administration of the agency.

(6) If a public safety officer carries or is expected to carry a firearm at any time while employed in a limited duration, administrative position, the public safety officer must meet their employing agency’s firearms qualification requirements.

(7) A public safety officer employed in a limited duration, administrative position will be required to be certified and meet all the minimum standards for employment found in OAR 259-008-0010, 259-008-0011 and the minimum training requirements found in 259-008-0025 if DPSST determines:

(a) A public safety officer, other than a corrections officer, has been employed in a limited duration, administrative position for longer than 18 consecutive months;

(b) A corrections officer has been employed in a limited duration, administrative position for longer than 12 consecutive months;

(c) The public safety officer’s primary duties do not meet the definition of a limited duration, administrative position, as defined in OAR 259-008-0005;

(d) The public safety officer fails to maintain current CPR/first aid certification; or

(e) The public safety officer is or has carried a firearm on duty and has failed to meet their employing agency’s firearms qualification requirements.

(8) Certification requirements are calculated from the date an individual left a certified position.

(9) Experience gained in a limited duration, administrative position will not accrue as creditable service time.

Stat. Auth.: ORS 181.640
Stats. Implemented: ORS 181.640
Hist.: DPSST 7-2015, f. & cert. ef. 3-24-15

259-008-0080

Certification of Instructors

(1) Standards and Certification will certify instructors deemed qualified to teach all mandated training courses.

(2) Minimum Standards for Instructor Certification:

(a) Fingerprints.

(A) Prior to the date of employment, instructors and applicants must be fingerprinted on standard applicant fingerprint cards. The hiring agency is responsible for fingerprinting and must forward a card to the Oregon State Police Identification Services Section for processing and assignment of an identification number.

(B) If any procedural change is made by either the Federal Bureau of Investigation or the Oregon State Police Identification Services Section the Department must comply with the most current requirements.

(b) Criminal Records. No instructor or applicant may have been convicted:

(A) In this state or any other jurisdiction, of a crime designated under the law where the conviction occurred as being punishable as a felony or as a crime for which a maximum term of imprisonment of more than one year may be imposed;

(B) Of violating any law involving the unlawful use, possession, delivery, or manufacture of a controlled substance, narcotic, or dangerous drug;

(C) In this state of violating any law subject to denial or revocation as identified in OAR 259-008-0070 or has been convicted of violating the statutory counterpart of any of those offenses in any other jurisdiction.

(c) Notification of Conviction.

(A) An instructor who is convicted of a crime, as identified in OAR 259-008-0070, while employed by a public or private safety agency or the Department, must notify the agency head within 72 hours of the conviction.

(B) When an agency receives notification of a conviction from its employee or another source, they must notify Standards and Certification within five business days. The notification must be in writing and include the specific charges of the conviction, the county and state where the conviction occurred, the investigating agency and the date of the conviction.

(d) Moral Fitness (Professional Fitness). All instructors and applicants must be of good moral fitness. For purposes of this standard, lack of good moral fitness includes, but is not limited to:

(A) Mandatory disqualifying misconduct as described in OAR 259-008-0070(3); or

(B) Discretionary disqualifying misconduct as described in OAR 259-008-0070(4).

(e) Training Requirements.

(A) Notwithstanding section (3), all instructors and applicants must complete a Department-approved Basic Instructor Development Course or equivalent Department-approved training. The course must include instruction on the theory and application of adult learning principles and presentation skills.

(i) For the purposes of this rule, adult learning principles must include problem-based, practical, collaborative training that builds on the students’ life experience and knowledge.

(ii) For the purposes of this rule, presentation skills must include the appropriate knowledge and preparation of materials and training that engage the student through a variety of methods to develop critical thinking, while acquiring job-specific knowledge and skills.

(B) Instructors whose certification has lapsed may be required to satisfactorily complete a Department-approved Basic Instructor Development Course or equivalent Department-approved training to qualify for re-certification.

(f) Professional experience. Notwithstanding section (3), instructors and applicants must have:

(A) Three years’ experience in a certifiable public safety position; or

(B) Non-certified, professional or educational experience that allows them to possess the requisite knowledge, skills and abilities to instruct mandated courses.

(g) It is the continuing responsibility of the agency utilizing certified instructors to ensure that instructors are assigned only topics which they are qualified to teach and the instruction is evaluated on a regular basis.

(h) All applicants for initial certification must submit an Instructor Certification Application (DPSST Form F-9) with any required documentation to Standards and Certification.

(3) The requirements in sections (2)(e) and (2)(f) may be waived if a Training Supervisor or Training Manager responsible for mandated training delivery can attest to the instructor or applicant’s knowledge and skills to instruct mandated courses.

(4) Instructor certification is not required for instructors who instruct non-mandated courses.

(5) Review of instructor certification will be the responsibility of Standards and Certification. Reviews may be initiated upon the request of a department head, staff, or other reliable source.

[ED. NOTE: Form referenced is available from the agency.]

Stat. Auth.: ORS 181.640 & 181.650
Stats. Implemented: ORS 181.640 & 181.650
Hist.: PS 12, f. & ef. 12-19-77; PS 1-1983, f. & ef. 12-15-83; Renumbered from 259-010-0060, PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98, BPSST 22-2002, f. & cert. ef. 11-18-02, DPSST 17-2013, f. & cert. ef. 7-23-13; DPSST 1-2014, f. & cert. ef. 1-2-14; DPSST 5-2014, f. & cert. ef. 1-29-14; DPSST 18-2014, f. & cert. ef. 7-23-14; DPSST 16-2015, f. & cert. ef. 7-23-15

259-008-0085

Minimum Standards for Mandated Courses

(1) Basic Police Course and Field Training.

(a) The curriculum for the Basic Police Course and field training manual will be based on the critical and essential job tasks identified in the 2015 DPSST Job Task Analysis for Police Officers.

(b) The Basic Police Course will consist of sufficient training hours to satisfy all Board-approved instructional goals (approximately 640 hours). Training will include, at a minimum:

(A) Training on law, theory, policies and practices related to pursuit driving;

(B) Vehicle pursuit exercises;

(C) Twenty-four hours of training in the recognition of mental illnesses as described in ORS 181A.440(2). At least one hour of mental health training will be dedicated to the appropriate use of the mental health database maintained by the Department of State Police within the Law Enforcement Data System;

(D) The investigation and reporting of cases of missing children and adults;

(E) The investigation, identification and reporting of crimes motivated by prejudice based on perceived race, color, religion, national origin, sexual orientation, marital status, political affiliation or beliefs, membership or activity in or on behalf of a labor organization or against a labor organization, physical or mental disability, age, economic or social status or citizenship of the victim;

(F) Investigation, identification and reporting of crimes constituting abuse, as defined in ORS 419B.005, or domestic violence;

(G) The requirements of the Vienna Convention on Consular Relations, including situations in which officers are required to inform a person of the person’s rights under the convention; and

(c) Field training requires successful completion of the 2013 Police Officer Field Training Manual or DPSST-approved equivalent manual.

(2) Basic Corrections Local Course and Field Training.

(a) The curriculum for the Basic Corrections Local Course and field training manual will be based on the critical and essential job tasks identified in the 2012 Job Task Analysis for Corrections Officers.

(b) The Basic Corrections Local Course will consist of sufficient training hours to satisfy all Board-approved instructional goals (approximately 240 hours).

(c) Field training requires successful completion of the 2009 Corrections Officer Field Training Manual or DPSST-approved equivalent manual.

(3) Basic Parole and Probation Course and Field Training.

(a) The curriculum for the Basic Parole and Probation course and field training manual will be based on the critical and essential job tasks identified in the 2011 Job Task Analysis for Parole and Probation Officers.

(b) The Basic Parole and Probation course will consist of sufficient training hours to satisfy all Board-approved instructional goals (approximately 200 hours).

(c) Field training requires successful completion of the 2009 Parole & Probation Officer Field Training Manual or DPSST-approved equivalent manual.

(4) Basic Telecommunicator Course and Field Training.

(a) The curriculum for the Basic Telecommunicator Course and field training manual will be based on the critical and essential job tasks identified in the 2015 Job Task Analysis for Telecommunicators.

(b) The Basic Telecommunicator Course will consist of sufficient training hours to satisfy all Board-approved instructional goals (approximately 80 hours).

(c) Field training requires successful completion of the 2014 Telecommunicator Field Training Manual or DPSST-approved equivalent manual.

(5) Basic Emergency Medical Dispatcher Course and Field Training.

(a) The curriculum for the Basic Emergency Medical Dispatcher course will be based on the 1996 National Highway Traffic Safety Administration (NHTSA) Emergency Medical Dispatcher standards.

(b) The Basic Emergency Medical Dispatcher course will consist of sufficient training hours to satisfy all NHSTA instructional goals (approximately 24 hours).

(c) Field training requires successful completion of the 2007 Emergency Medical Dispatcher Field Training Manual or DPSST-approved equivalent manual.

(d) The Basic Emergency Medical Dispatcher Course may be delivered by an approved third-party vendor or agency if the course has been certified as equivalent by Standards and Certification.

(A) Vendors or agencies must submit a Course Certification Request (Form F-20) to request an equivalency determination.

(B) Equivalency determinations will are valid for one year and will expire on December 31 of each year.

(6) Department of Corrections (DOC) Basic Corrections Course and Field Training.

(a) The curriculum for the DOC Basic Corrections Course will be based on the 2012 Job Task Analysis for Corrections Officers.

(b) The DOC Basic Corrections Course will consist of sufficient training hours to satisfy all Board-approved instructional goals (approximately 240 hours).

(c) The DOC Basic Corrections Course will incorporate the DPSST Basic Corrections 2012 Instructional Goals within each of the following sections:

(A) Section A — Legal Considerations (Approximately 20 hours);

(B) Section B — Security Procedures (Approximately 37 hours);

(C) Section C — Inmate Supervision (Approximately 43 hours);

(D) Section D — Inmate Health Care (Approximately 16 hours);

(E) Section E — Professional Skills (Approximately 16 hours);

(F) Section F — Personal Fitness (Approximately 27 hours);

(G) Section G — Defensive Tactics (Approximately 41 hours); and

(H) Section H — Firearms (Approximately 26 hours).

(d) Administrative time will make up approximately 14 hours.

(e) Eighty percent of the Basic Corrections Course must contain participatory learning activities. Participatory learning activities will include:

(A) A minimum of 51 hours of Reality Based Training;

(B) A minimum of three written incident reports that are complete, accurate, and demonstrate the report writing fundamentals of content, organization, and mechanics. Each report must be evaluated by an instructor to ensure the student’s ability to accurately document an incident using report writing components; and

(C) A minimum of four Problem Based Learning activities consisting of at least eight hours.

(c) Field training requires successful completion of the 2009 Department of Corrections Officer Field Training Manual.

(7) Basic Oregon Liquor Control Commission Regulatory Specialist Course.

(a) The curriculum for the Basic Regulatory Specialist course will be based on the 2013 Job Task Analysis for Liquor Enforcement Inspectors.

(b) The Basic Regulatory Specialist Course will consist of sufficient training hours to satisfy all Board-approved instructional goals (approximately 160 hours);

(c) Field training requires successful completion of the 2015 Pilot Regulatory Specialist Field Training Manual.

(8) Basic Instructor Development Course. The Basic Instructor Development Course must include instruction on the theory and application of adult learning principles and presentation/facilitation skills.

(9) Supervision Course. The curriculum for the Supervision Course will be based on the 2000 Job Task Analysis for Oregon Public Safety Supervisors and a 2009 Survey of Incumbent Supervisors.

(10) Middle Management Course. The curriculum for the Middle Management Course will be based on the 2000 Job Task Analysis for Oregon Public Safety Middle Managers, a 2007 DACUM for Middle Management and a 2009 Survey of Incumbent Managers.

(11) Academy Police Career Officer Development Course (PCOD).

(a) The Academy PCOD will be based on the 2015 Job Task Analysis for Police Officers.

(A) The Academy PCOD will consist of sufficient training hours to satisfy all Board-approved instructional goals (approximately 80 hours); and

(B) Field training requires successful completion of the 2013 Police Officer Field Training Manual or DPSST-approved equivalent manual.

(12) Self-Study Police Career Officer Development Course (PCOD).

(a) The Self-Study PCOD will be based on the 2015 Job Task Analysis for Police Officers.

(A) The Self-Study PCOD will consist of sufficient training hours to satisfy all Board-approved instructional goals (approximately 80 hours); and

(B) Field training requires successful completion of the 2013 Police Officer Field Training Manual or DPSST-approved equivalent manual.

(13) Self-Study Corrections Career Officer Development Course (CCOD).

(a) The CCOD will be based on 2012 Job Task Analysis for Corrections Officers.

(b) Field training requires successful completion of the 2009 Corrections Officer Field Training Manual or DPSST-approved equivalent manual.

(14) All field training will be conducted under the supervision of the employing agency.

(15) The Department may waive the field training requirement for PCOD and CCOD Courses if the employing agency demonstrates that field training was previously completed.

(16) All course curriculums must be reviewed and approved by the Board on Public Safety Standards and Training prior to being delivered.

(17) All course curriculums will be reviewed following any update to the underlying standards adopted above.

(18) All instructors of mandated courses must be certified as an instructor as required by OAR 259-008-0080 prior to instructing.

(19) A public safety officer must have successfully completed the mandated course for which certification is being requested in order for the training to satisfy the minimum requirements for certification. No more than 10% of classroom hours may be missed without the approval of the Director. Non-classroom hours are required to have 100% attendance.

(20) Testing. All academic testing must consist of measures that are valid, rigorous, and require students to demonstrate knowledge and application of essential tasks. Successful completion of a mandated course requires the following:

(a) Basic Police Course students must:

(A) Obtain and maintain a minimum cumulative score of 75% by Quiz 4;

(B) Obtain a minimum score of 75% on the midterm exam and final exam;

(C) Achieve a passing score of 100% on use of force exams with remediation as necessary; and

(D) Effective January 1, 2007, successful completion of the Oregon Physical Abilities Test (OR-PAT).

(b) Basic Corrections Local course students must:

(A) Obtain a minimum cumulative score of 75% by Quiz 3;

(B) Obtain a minimum score of 75% on the final exam; and

(C) Achieve a passing score of 100% on use of force exams with remediation as necessary.

(c) Basic Parole and Probation Course students must:

(A) Obtain a minimum cumulative score of 75% by the third exam; and

(B) Achieve a passing score of 100% on use of force exams with remediation as necessary.

(d) Basic Telecommunicator Course Students must obtain a minimum score of 75% on the exam.

(e) Basic Emergency Medical Dispatcher Course student must:

(A) Obtain a minimum score of 75% on the exam; and

(B) Achieve a passing score of 100% on Emergency Medical Dispatcher Protocol Reference System (EMDPRS).

(f) DOC Basic Corrections Course students must:

(A) Obtain a minimum score of 75% on each academic test; and

(B) Achieve a passing score of 100% on all academic test questions relating to use of force topics with remediation as necessary.

(C) BCC students who fail to achieve a passing score on the final exam after two attempts will be required to complete the DOC Basic Corrections Course and field training manual pursuant to section (6) of this rule.

(g) Basic Regulatory Specialist students must:

(A) Successfully complete course projects and assignments; and

(B) Achieve a passing score of 100% on use of force exams with remediation as necessary.

(h) Basic Instructor Development Course student must successfully complete course projects and assignments.

(i) Supervision Course students must successfully complete course projects and assignments.

(j) Middle Management course students must successfully complete course projects and assignments.

(k) Academy PCOD students must:

(A) Obtain a minimum cumulative score of 75% by the second exam; and

(B) Achieve a passing score of 100% on use of force exams with remediation as necessary.

(C) Individuals who do not achieve passing scores will be given one opportunity to remediate and re-test within 60 days of the initial failure.

(D) Individuals who do not achieve a passing score will be required to complete the Basic Police Course and field training manual pursuant to section (1) of this rule.

(l) Self-study PCOD students must:

(A) Obtain a minimum cumulative score of 75% by the second exam; and

(B) Achieve a passing score of 100% on use of force exams with remediation as necessary.

(C) Individuals who do not achieve passing scores will be given one opportunity to remediate and re-test within 60 days of the initial failure.

(D) Individuals who fail to achieve passing scores after remediation will be required to attend the academy PCOD pursuant to section (11) of this rule.

(m) Self-study CCOD students must:

(A) Obtain a minimum score of 75% on the first exam; and

(B) Achieve a passing score of 100% on the use of force exam with remediation as necessary.

(C) Individuals who do not achieve passing scores will be given one opportunity to remediate and re-test within 60 days of the initial failure.

(D) Individuals who do not achieve passing scores after remediation will be required to complete the Basic Corrections Local Course and field training manual pursuant to section (2) of this rule or the DOC Basic Corrections Course and field training manual pursuant to section (6) of this rule.

(20) Course Documentation. Prior to being recognized as meeting the minimum training standards required for certification, the following documentation must be submitted to Standards & Certification at the conclusion of each course:

(a) A course attendance roster (Form F-6);

(b) An official record of actual course hours or attendance rosters;

(c) Absence reports with documentation of make-up training;

(d) Class schedule including subject hour breakdown;

(e) Curriculum, including master exams and answer sheets;

(f) Testing results, including individual test scores, individual final average and class average; and

(g) Deficiency reports and documentation of completion.

(21) Course Certification. Each mandated course must be certified annually. All course certifications are valid for one year and will expire on December 31 of each year.

(22) All mandated courses are subject to periodic audits by Standards and Certification to ensure compliance with the minimum training standards found in this rule.

(a) Notwithstanding subsection (b), the anticipated training dates, training locations and training hours must be provided to Standards and Certification no later than 14 days prior to the training.

(b) Standards and Certification will be notified of remediation training dates, training locations and training hours no later than 48 hours prior to the training or at the time of failure.

(c) Standards and Certification will prepare an audit report for each audited course.

(d) Issues of non-compliance will be forwarded to the appropriate department head or designee for resolution. Failure to respond to non-compliance issues may result in training not being recognized as meeting the minimum training requirements for certification.

(e) Standards and Certification will provide observations made during audits for feedback and possible suggestions for course enhancements. Observations will not be indicative of non-compliance of courses.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 181A.410 & 181A.590
Stats. Implemented: ORS 181A.410 & 181A.590
Hist.: PS 12, f. & ef. 12-19-77; PS 1-1983, f. & ef. 12-15-83; Renumbered from 259-010-0065, PS 1-1990, f. & cert. 2-7-91; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 15-2001(Temp), f. & cert. ef. 10-26-01 thru 4-5-02; BPSST 9-2002, f. & cert. ef. 4-3-02; BPSST 22-2002, f. & cert. ef. 11-18-02; DPSST 3-2007, f. & cert. ef. 1-12-07; DPSST 5-2016, f. & cert. ef. 3-22-16

259-008-0090

Training Records

(1) Upon receipt by the Department of a Personnel Action Report (DPSST Form F-4), properly identifying a public safety professional, the Department will initiate a file for that individual and record completion of approved training, as well as other personnel information, if properly documented.

(2) Upon receipt of the appropriate form, the Department will enter training hours for training attended by a public safety professional.

(a) Beginning April 1, 2007, F-6 (Attendance Rosters) will only be accepted to report training that occurred in the current calendar year and the two previous years.

(b) Any training occurring three or more years prior to the current year, or any training received while a public safety professional was employed in a jurisdiction outside of Oregon, must be reported on an F-15 (Continuing Log of Training). Approved training will appear on a public safety professional’s training record as a lump sum number of hours of "approved training" for each year reported.

(3) Beginning January 1, 2007, all training submitted to the Department must be submitted on the current version F-6 (Attendance Roster) or F-15 (Continuing Log of Training) available upon request, or from the Department's internet website.

(4) Any Form F-6 (Attendance Roster) or F-15 (Continuing Log of Training) received by the Department that is insufficient, or not in compliance with this rule, will be returned to the originating agency. The Department will identify any deficiencies needing completion or correction.

(5) Upon display of proper identification, a department head, or authorized representative, may review their employee's file as maintained by the Department. Proper identification will also be required of individuals interested in reviewing their own file.

(6) Review or release of non-public information under Oregon law to other than the individual whose file is the subject of the information request or to the employing law enforcement agency, or public or private safety agency will only be permitted by the Department upon advisement by the Attorney General, by court order, or with a signed consent from the individual whose file is the subject of the information request.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 181.640
Stats. Implemented: ORS 181.640
Hist.: PS 12, f. & ef. 12-19-77; PS 1-1983, f. & ef. 12-15-83; Renumbered from 259-010-0070, PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; DPSST 10-2007, f. & cert. ef. 10-15-07; DPSST 1-2014, f. & cert. ef. 1-2-14; DPSST 5-2014, f. & cert. ef. 1-29-14

259-008-0100

Miscellaneous Activities of the Board or Department

(1) The Board or Department may make or encourage studies of any aspect of corrections, parole and probation, telecommunications, regulatory specialist, emergency medical dispatch, fire, or police administration, including the stimulation of research by public and private agencies which shall be designed to improve the Criminal Justice System.

(2) The Board or Department may cooperate and consult with counties, municipalities, agencies of this State, other governmental agencies, and with universities, colleges, community colleges, and other institutions concerning the development of criminal justice training schools and programs or courses of instruction.

(3) The Board or Department may cooperate and consult with official bodies or individuals charged by law with the responsibility for corrections, parole and probation, regulatory specialist, telecommunications, emergency medical dispatch, fire or police selection and training standards in other states.

(4) The Board or Department may periodically publish or recommend that other governmental agencies publish curricula, manuals, lesson plans, brochures, newsletters, and other materials to aid departments in achieving the objectives of the Act.

(5) The Department may direct, operate, or sponsor training schools and set reasonable rules and regulations for the operation and use by trainees.

(6) The Department may, on request, issue retirement cards to Department-certified public safety officers who have honorably served the citizens of Oregon and who have honorably retired from their agency.

(a) For the purposes of this rule, "honorably retired" means reaching the State of Oregon’s recognized retirement age and retiring in good standing from a certified position as a public safety officer with a minimum of five years of full-time public safety experience in Oregon.

(b) A public safety officer who has sustained a permanent disability that prevents them from returning to their certifiable position may qualify for a retirement card if the public safety officer has served a minimum of five years as a full-time public safety officer in Oregon.

(c) The request for a retirement card must be made by the agency where the public safety officer was last employed prior to retirement. The request must be made using a Form F-30 Retirement Card Request Form.

(d) The Department will issue only one retirement card per qualifying public safety officer.

(e) If a retirement card is lost or damaged, the Department may issue a replacement card if requested by the applicable public safety officer. Additional verification of original eligibility may be required.

(7) In accordance with the Oregon Revised Statutes, the Board, in consultation with the Department, designates the following classifications of public safety personnel killed in the line of duty who may be honored at the Law Enforcement Memorial Wall.

(a) Eligibility: For the purpose of placing names, law enforcement officer includes, as defined in ORS 181A.355, police officer, reserve officer, corrections officer, parole and probation officer, and regulatory specialist. Also included are federal law enforcement officers assigned to or performing law enforcement duties in Oregon.

(b) Criteria for placement on the Law Enforcement Memorial Wall: Officers who suffered an "in-the-line-of-duty" death.

(A) "In the line of duty death" means a fatal injury which is the direct or proximate result of any enforcement action or emergency response resulting in death or death directly resulting from law enforcement training for enforcement action or emergency response that the law enforcement officer is authorized or obligated to perform by law, rule, regulation, or condition of employment or service while on or off duty.

(B) A fatal injury may include a medical condition which arises out of law enforcement actions or training for enforcement action or emergency response causing an officer's death immediately or within 24 hours or causing her/his death during a continuous period of hospitalization resulting from a law enforcement action.

(C) Not included under this definition are deaths attributed to natural causes (except when a medical condition arises out of law enforcement action or law enforcement training for enforcement action or emergency response causing an officer's death immediately or within 24 hours or causing his/her death during a continuous period of hospitalization immediately following the taking of law enforcement action). Deaths attributed to voluntary alcohol or controlled substance abuse, deaths caused by the intentional misconduct of the officer, deaths caused by the officer's intention to bring about his or her own death, and deaths attributed to an officer performing his or her duty in a grossly negligent manner at time of death are not included under this definition.

(D) When there is doubt arising from circumstances of the officer's death or with respect to individual status as a law enforcement officer, the matter shall be resolved by a majority vote of the Board on Public Safety Standards and Training Executive Committee.

(c) Exclusions from the Law Enforcement Memorial Wall:

(A) Officers whose deaths are attributed to natural causes are not eligible for inclusion in the wall; or

(B) A death that is attributed to the officer's voluntary alcohol or substance abuse use; or

(C) Death caused by intentional misconduct of the officer; or

(D) Death caused by the officer's intention to bring about his or her own death; and

(E) Death attributed to an officer performing his or her duty in a grossly negligent manner at the time of death.

(d) When there is doubt arising from the circumstances of the officer's death or with respect to the individual status as a law enforcement officer, the matter shall be resolved by a majority vote of the Executive Committee.

(e) The costs of maintenance and relocation of the Law Enforcement Memorial Wall and the costs of an annual memorial service honoring persons killed in the line of duty shall be paid out of the Police Memorial Trust Fund.

(8) It is the responsibility of the Governor’s Commission on the Law Enforcement Medal of Honor to establish qualification criteria for nomination for the Law Enforcement Medal of Honor and the Law Enforcement Medal of Ultimate Sacrifice.

(a) Eligibility. For the purposes of nomination, law enforcement officer includes, but is not limited to, a police officer, reserve officer, corrections officer, or parole and probation officer. Also included are any state, county, municipal, federal or tribal individual who is:

(A) Commissioned; and

(B) Responsible for enforcing criminal laws in the state of Oregon.

(b) Officers nominated for the Law Enforcement Medal of Honor must have distinguished themselves by exceptionally honorable and meritorious conduct while in the performance of duty.

(A) "Exceptionally honorable and meritorious conduct" means an officer has distinguished themselves conspicuously by gallantry and fortitude at the risk of their life "above and beyond" the call of duty while performing or fulfilling their responsibilities as a law enforcement officer. It involves risk of life and is an act of bravery, self-sacrifice so conspicuous as to clearly distinguish the individual above their comrades.

(B) "While in the performance of duty" requires acting in an official capacity and performing a law enforcement function.

(C) The exceptionally honorable and meritorious conduct must have occurred on or after January 1, 2006.

(c) Officers nominated for the Law Enforcement Medal of Ultimate Sacrifice must have died while performing duties as a law enforcement officer or have been killed because of employment as a law enforcement officer. The death must have occurred on or after January 1, 2011.

(d) Process for Nominations.

(A) All nominations must be submitted on an official nomination form to the Department of Public Safety Standards and Training.

(B) All nominations must be postmarked no later than one year after the date an officer has performed exceptionally honorable and meritorious conduct or the death of an officer.

(C) All nominations must be approved by the Department head or designee of the nominee.

(D) Commission members are prohibited from voting on any nomination submitted from their employing agency.

(E) Notwithstanding subsection (D), Commission members must unanimously approve nominations for the Law Enforcement Medal of Honor.

(F) Any supporting documentation including, but not limited to, police reports, media reports, pictures, testimonials or affidavits, must accompany the nomination form. If necessary, the Commission may request additional information. The request will be in writing and addressed to the individual identified as the contributor on an official nomination form.

(e) Award of the Law Enforcement Medal of Honor and Law Enforcement Medal of Ultimate Sacrifice.

(A) All awards will be presented by the Governor or the Governor’s designee at an appropriate time determined by the Commission and approved by the Governor.

(B) An individual or family member receiving the Law Enforcement Medal of Honor or Law Enforcement Medal of Ultimate Sacrifice will retain the option for a public or private ceremony.

(C) The Commission will determine the protocol for all award ceremonies.

Stat. Auth.: ORS 176.260 & 181A.410
Stats. Implemented: ORS 176.260 & 181A.410
Hist.: PS 12, f. & ef. 12-19-77; PS 1-1985, f. & ef. 4-24-85; Renumbered from 259-010-0080, PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 16-2001(Temp), f. & cert. ef. 10-26-01 thru 4-5-02; Administrative correction 5-7-02; BPSST 17-2002, f. & cert. ef. 7-5-02; DPSST 12-2007, f. & cert. ef. 10-15-07; DPSST 10-2012, f.& cert. ef. 4-9-12; DPSST 13-2013, f. & cert. ef. 6-24-13; DPSST 1-2014, f. & cert. ef. 1-2-14; DPSST 11-2015, f. 6-23-15, cert. ef. 7-1-15; DPSST 18-2015, f. 12-22-15, cert. ef. 1-1-16

259-008-0200

Civil Penalties

(1) For purposes of this rule, “agency” means a law enforcement unit or public or private safety agency as defined in OAR 259-008-0005.

(2) The Department may impose a civil penalty on any agency for any violation of ORS 181.644, 181.652, 181.653 or 181.665. All civil penalties will be imposed in the manner provided by 183.745.

(3) The amount of any civil penalty imposed under subsection (1) of this section may not exceed $1,500 for any single violation.

Stat. Auth.: ORS 181.679, 183.745
Stats. Implemented: ORS 181.679, 183.745
Hist.: DPSST 13-2008, f. & cert. ef. 8-15-08

259-008-0220

Sanctions, Generally

(1) Information collected by the Department may be used as a basis for any sanction imposed.

(2) The Department’s use of any one sanction does not preclude the imposition of any other sanction(s) for the same violation.

(3) If the Department believes there is substantial evidence that a violation has occurred or is occurring, the Department may seek such remedial relief as may be appropriate, including voluntary compliance or notice as provided in 259-008-0250.

Stat. Auth.: ORS 181.679, 183.745
Stats. Implemented: ORS 181.679, 183.745
Hist.: DPSST 13-2008, f. & cert. ef. 8-15-08

259-008-0250

Notice of Civil Penalty

(1) Considerations. In determining the amount of a civil penalty the Department will consider:

(a) Any prior violation of statute or rule by the agency;

(b) The financial benefits, if any, realized by the agency as a result of the violation, such as costs avoided as a result of not having attended required training;

(c) The gravity of the violation; and

(d) The agency's history of correcting violations and preventing recurrence of violations.

(2) Single Violation Civil Penalties. A violation of any requirement within any part of the following statutes is a violation that may result in a civil penalty after a single occurrence. The violations include, but are not limited to:

(a) ORS 181.644 (Certification requirements for a Telecommunicator);

(b) ORS 181.644 (Certification requirements for an Emergency Medical Dispatcher);

(c) ORS 181.652 (Certification requirements for a Corrections Officer);

(d) ORS 181.652 (Failing to attend Basic Corrections training within required timeframe);

(e) ORS 181.652 (U.S. citizenship requirements for a Corrections Officer);

(f) ORS 181.653 (Certification requirements for a Parole & Probation Officer);

(g) ORS 181.653 (U.S. citizenship requirements for a Parole & Probation Officer);

(h) ORS 181.653 (Part-time Parole & Probation continuing education requirement);

(i) ORS 181.665 (Certification requirements for a Police Officer);

(j) ORS 181.665 (Failing to attend Basic Police training within required timeframe);

(k) ORS 181.665 (U.S. citizenship requirements for a Police Officer).

(3) Amount of Civil Penalty:

(a) An agency found in violation of any requirement listed in section (2) of this rule is subject to a civil penalty of not more than $1,500 per violation per day, unless otherwise provided by this section;

(b) The Department may reduce civil penalty amounts where mitigation is warranted, or resolved by stipulation as provided in section (9) of this rule.

(4) Payment to be Considered Admission of Violation. Unless the Department agrees otherwise, any payment of a civil penalty is considered as admission of violation of the statutes or rules cited in the civil penalty notice for which the civil penalty was paid.

(5) Notice. The Department's notice of its intent to impose a civil penalty will include a statement that if the agency fails to request a hearing within twenty (20) days of the date of service of the notice, the agency’s right to a hearing is waived.

(6) Informal Conference. When the Department issues a notice of civil penalty, the agency will be entitled to an informal conference to respond to the notice. The conference must be held before a person authorized to issue an order or to make recommendations regarding issuance of an order. The Department must receive a request for an informal conference in writing within twenty (20) days of the date of service of the notice of civil penalty. If the agency fails to submit a timely request for a conference, the agency’s right to a conference is waived.

(7) Hearing Request:

(a) Right to Hearing. If the Department issues a notice of intent to impose a civil penalty, the agency is entitled to a contested case hearing in accordance with the provisions of ORS Chapter 183;

(b) Request for Hearing. The Department must receive a request for a hearing in writing within twenty (20) days of the date the notice of intent to impose a civil penalty was served on the agency. The Department may extend the time allowed for submission of the admission/denial and affirmative defenses for up to 30 calendar days, if requested in writing.

(8) Default Order. If a hearing is not timely requested, or if an agency withdraws a hearing request or fails to appear at a scheduled hearing, the Department may enter a final order by default imposing the civil penalty. In the event of a default, the Department's file or files on the subject of the civil penalty automatically becomes a part of a contested case record for purposes of proving the Department's prima facie case.

(9) Department staff is authorized to seek resolution by stipulation, subject to Department acceptance and approval under the following conditions:

(a) The matter is resolved prior to entry of a final order assessing a civil penalty;

(b) The agency corrects or proceeds to correct all violations noted in a notice of intent to issue a civil penalty within a prescribed timeframe;

(c) The civil penalty amount agreed to is tendered in a certified check, bank draft, cashier’s check or postal money order, made payable to the Department, along with the stipulation.

(10) A stipulation will not be accepted for less than the amount provided for in the notice of civil penalty if the violation is not corrected as part of the resolution.

Stat. Auth.: ORS 181.679, 183.745
Stats. Implemented: ORS 181.679, 183.745
Hist.: DPSST 13-2008, f. & cert. ef. 8-15-08

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