Advanced Search

Investigator Licensing Standards And Regulations


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING

 

DIVISION 61
INVESTIGATOR LICENSING STANDARDS AND REGULATIONS

259-061-0005
Definitions
(1) "Administrative Termination" means
the Department has stopped the processing of an application due to non-response
from applicant or noncompliance with the application requirements or the requirements
of these rules."
(2) "Board" means Board on
Public Safety Standards and Training.
(3) "Complainant" means any
person or group of persons who file(s) a complaint. The Department may, on its own
action, initiate a complaint.
(4) "Complaint" means a specific
charge filed with the Department that a licensed investigator or candidate thereto,
or any person apparently operating as an investigator without a license, has committed
an act in violation of ORS Chapter 703 or OAR chapter 259.
(5) "Committee" means the
Private Security and Investigator Policy Committee.
(6) "Continuing Education”
means any educational endeavor that reasonably could be considered beneficial to
the work of the investigator.
(7) "Department" means the
Department of Public Safety Standards and Training.
(8) "Disciplinary Procedure"
means all action up to the final resolution of a complaint after the issuance of
a "Notice of Intent."
(9) "Educational endeavor
that reasonably could be beneficial to the work of the investigator" as used in
ORS 703.447(4) means those educational endeavors that are in compliance with the
Department's Continuing Education Guidelines, or are approved by the Private Security
and Investigator Policy Committee.
(10) "Employee," as used
in ORS 703.401 to 703.490, means a person who is employed lawfully by an employer.
The employer controls the performance of that person; pays the salary, unemployment
insurance, and worker's compensation insurance; and has sole authority to fire and
control work hours and the conditions of work. "Employee" in this context does not
include a person engaged as an independent contractor.
(11) "Expired license": A
license is considered expired on the date of expiration. A person may not practice
as an investigator with an expired license.
(12) "Hours of experience"
means documented clock hours.
(13) "Investigatory work"
means any work performed in accordance with ORS 703.401(2).
(14) "Licensee" or "Licensed
Investigator", as used in OAR 259-061-0005 through 259-061-0300 means a person licensed
as an investigator under ORS 703.430.
(15) "Private investigator"
is a licensed investigator who has completed a minimum of 1500 documented clock
hours of investigatory work experience or an approved course of study or a combination
of work and study as approved by the Department.
(16) "Provisional investigator"
is a licensed investigator who has completed fewer than 1500 documented clock hours
of investigatory work experience, or an approved course of study, or a combination
of work and study as approved by the Department; and who may not employ or supervise
other investigators. Under 1997 and 1999 editions of governing statute, this type
of investigator was referred to as a "Registered Operative."
(17) "Respondent" means an
investigator who is a licensee or candidate for licensure, or any person apparently
operating as an investigator without a license, against whom a complaint has been
filed.
(18) "Stipulated Agreement"
means a written agreement entered into between the Department and a respondent.
(19) "Violation" means a
violation of Oregon Revised Statutes or Oregon Administrative Rules as they pertain
to the licensing requirements of investigators in the state of Oregon.
Stat. Auth.: ORS 703.401 & 703.480
Stats. Implemented: ORS 703.401
& 703.480
Hist.: DPSST 7-2006, f. &
cert. ef. 5-15-06; DPSST 2-2015, f. & cert. ef. 1-5-15
259-061-0010
Fees
(1) Payments to
the Department are due at the time of application. All payments are non-refundable
and must be paid by business check, money order, cashier’s check or credit
card. No personal checks or cash will be accepted.
(2) The Department
will charge the following fees:
(a) The fee
of $79 for the application for licensure as a private investigator. This fee includes
the cost of a criminal background check and private investigator examination;
(b) The fee
of $550 for the issuance of a two-year license as a private investigator;
(c) The fee
of $50 for application of inactive status as described in OAR 259-061-0160;
(d) The fee
of $50 for application of reactivation from inactive status as described in OAR
259-061-0170;
(e) The fee
of $125 for the issuance of a temporary license as private investigator;
(f) The fee
of $550 for the renewal of a two-year private investigator license;
(g) A late
submission fee of $25 will be added to the fees for licensure renewal if the private
investigator fails to complete the application process by the expiration date of
the license; and
(h) The fee
of $20 for the issuance of a duplicate or replacement card or license.
(3) In the
event a non-sufficient check is received for payment, an additional $25 administrative
fee will be assessed.
Stat. Auth.: ORS
703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented:
ORS 703.401 - 703.995

Hist.: DPSST
7-2006, f. & cert. ef. 5-15-06; DPSST 1-2013, f. & cert. ef. 1-2-13
259-061-0018
Prohibited Acts
(1) A person may not act as
an investigator or represent that the person is an investigator unless that person
is licensed under ORS 703.430 and these rules.
(2) Exemptions: Persons described
in ORS 703.411 are exempt from regulation as private investigators.
(3) For the purposes of ORS
703.411(1), a person is “employed exclusively by one employer in connection
with the affairs of that employer only” when;
(a) The person has one, exclusive
employer; and
(b) The person conducts investigations
on behalf of that employer only. This subsection does not apply to a person who
conducts investigations on behalf of the employer’s clients.
(c) This rule applies as of
August 9, 2011.
Stat. Auth.: ORS 703.430, 703.480

Stats. Implemented: ORS 703.430,
703.480

Hist.: DPSST 1-2012(Temp), f.
& cert. ef. 2-6-12 thru 7-31-12; DPSST 16-2012, f. & cert. ef. 7-2-12

Applications

259-061-0020
Application
for Private Investigator Licensure
(1) All applicants for licensure must
meet all minimum standards for licensure as described in OAR 259-061-0040.
(2) Applications for new
licensure as an investigator must include:
(a) A completed Form PI-1
(Application for Licensure);
(b) A completed fingerprint
packet. A fingerprint packet must include a pre-printed FBI fingerprint card and
a Form PI-4 (Affidavit of Person Rolling Fingerprints) completed by the person rolling
or scanning the fingerprints. The card and form must be enclosed in a tamper-proof
bag and sealed by the person who rolled or scanned the fingerprints before the packet
is returned to the applicant. The Department will supply pre-printed FBI fingerprint
cards and tamper-proof bags;
(A) The Department will only
accept fingerprint cards correctly rolled and completed by private or public safety
personnel trained to roll or scan fingerprints, or a person who is employed and
trained by a private business that provides fingerprinting services.
(B) If a fingerprint card
is rejected twice by the Federal Bureau of Investigation (FBI), the applicant will
be charged a fee for a third submittal of a fingerprint card.
(c) Proof of a corporate
surety bond, an irrevocable letter of credit issued by an Oregon commercial bank
as defined in ORS 706.008, or errors and omission insurance in the amount of at
least $5,000;
(A) Bonds and letters of
credit must have the applicant’s name listed as the principal.
(B) Proof of surety bonds
must be submitted on a Department-approved form and will not be valid for the purposes
of licensure unless filed with the Department within 60 days of the signature on
the bond.
(C) An irrevocable letter
of credit submitted to the Department is subject to approval by the Department prior
to the issuance of a license.
(D) Errors and Omission insurance
must have the applicant’s name listed on the Certificate of Liability or include
a letter from the employing agency or insurance company confirming the applicant
is covered as an employee.
(d) Two identical, passport-quality
photographs for identification;
(A) Photographs must be in
color with a solid-colored background and must be a cropped head shot. The applicant’s
face must be clearly visible and free from shadows or other obstacles. Photocopies
will not be accepted.
(B) The applicant’s
head in the photograph must be no be more than 1” wide and 1.25” high.
(C) Photographs must have
been taken not more than six months prior to filing of the application for licensure.
(D) Photographs may be submitted
to the Department digitally in the format prescribed on the Form PI-1.
(e) A completed Form PI-27
(Investigator Professional Code of Ethics) affirming moral fitness and professional
standards; and
(f) Three professional letters
of reference, none of which may be from a person who is related to the applicant
by blood or marriage.
(g) Proof of a passing score
on the Private Investigator Proficiency Exam administered by the Department.
(h) Non-refundable application
fees as prescribed by OAR 259-061-0010.
(3) Applications for renewing
licensure as an investigator must include:
(a) A Form PI-21 (Investigator
Renewal Application) completed in its entirety;
(b) A completed Form PI-6
(Continuing Education Summary.)
(c) Two identical, passport-quality
photographs for identification in accordance with subsection (2)(d) of this rule.
(d) A completed Form PI-27
(Investigator Professional Code of Ethics) affirming moral fitness and professional
standards; and
(e) Proof of a corporate
surety bond, an irrevocable letter of credit issued by an Oregon commercial bank
as defined in ORS 706.008, or errors and omission insurance in the amount of at
least $5,000 in accordance with this rule; and
(f) Non-refundable renewal
application fees as prescribed by OAR 259-061-0010.
(4) Timelines.
(a) A completed application
packet must be mailed to the Department and postmarked prior to the applicant performing
any investigatory work.
(b) Renewal application documents
must be received by the Department within 90 days prior to the expiration date of
the licensure to allow for processing of the forms and criminal history check.
(c) A late submission fee
will be assessed as prescribed by OAR 259-061-0010 if reapplying after the license
expiration date of the licensure.
(d) Applicants renewing their
licensure more than 30 days after the expiration date of the original license must
submit the following:
(A) A new application packet
in accordance with subsection (2) of this rule; and
(B) A Form PI-6.
(5) Applicants for licensure
who were previously licensed in Oregon must provide proof of completion of continuing
education requirements or a written explanation detailing why continuing education
requirements were not met and a written plan detailing how the continuing education
will be made up, including a time line. The Department, at its discretion, may accept
the plan in place of completed continuing education.
(6) Submission of any false
information in connection with an application, supporting documentation or attachments
for a license or registration may be grounds for discipline, criminal penalty, or
civil penalty.
(7) The Department may administratively
terminate the application process, upon written notification to the applicant, for
any of the following reasons:
(a) The Department has reason
to believe that the applicant has committed an act that constitutes ground for denial
of a license as described in OAR 259-061-0040. The termination of an application
due to criminal conviction disqualification is subject to the contested case procedures
set forth in 259-061-0300;
(b) The application or any
required documentation is incomplete or the Department is unable to satisfactorily
verify application information due to non-response or non-compliance of the application;
(c) The fingerprint cards
of an applicant have been rejected and returned by the Oregon State Police or Federal
Bureau of Investigation;
(8) The Department may administratively
terminate the application process after exhausting the following efforts:
(a) A letter will be mailed
by the Department to the applicant at the last known mailing address identifying
the deficiencies in the application process. The applicant will have 21 calendar
days from the date of the mailing to notify the Department that the deficiencies
are corrected. The Department may extend the time for compliance upon good cause
shown by the applicant.
(b) If the Department is
unable to determine a current address for the application, or if the applicant does
not respond and correct the deficiencies within 21 calendar days, or such additional
time authorized by the Department, the Department will list the applicant’s
status as “administratively terminated.” The Department will notify
the applicant at the last known address that the Department has administratively
terminated the application process.
(c) Once the application
process has been administratively terminated, the applicant must reapply by submitting
a new completed application packet with all deficiencies corrected, including new
fees and proof of valid training.
(9) Any exception to the
application process found in this rule must be approved by the Department.
Stat. Auth.: ORS 703.415, 703.425, 703.430,
703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401
- 703.995
Hist.: DPSST 7-2006, f. &
cert. ef. 5-15-06; DPSST 2-2013, f. & cert. ef. 1-2-13; DPSST 14-2013, f. &
cert. ef. 6-24-13
259-061-0040
Minimum Standards for Licensure
(1) An applicant for licensure as a
private investigator must satisfy all license qualifications pursuant to ORS 703.415
and 703.425.
(2) Moral Fitness. All private
investigators must be of good moral fitness as determined by criminal background
check, department investigation, or other reliable sources.
(a) Lack of good moral fitness
includes, but is not limited to, mandatory or discretionary disqualifying misconduct
as described in OAR 259-061-0300.
(b) For the purposes of this
standard, the Department, through the Policy Committee and Board, has defined core
values that are integral to the private investigator profession. These values are:
(A) Character. Good character
includes being respectful and courteous, being faithful and diligent, using discretion,
demonstrating compassion and exhibiting courage;
(B) Honesty. Honesty includes
integrity, credibility, acting honorably, adhering to the facts and maintaining
confidences;
(C) Striving for Justice.
Striving for justice includes just treatment, the quality or characteristics of
being just, impartial, fair and non-discriminatory;
(D) Public Trust. Public
trust includes maintaining public confidences, being law-abiding and adhering to
recognized industry standards; and
(E) Respect for the laws
and constitutions of this state and nation.
Stat. Auth.: ORS 703.415, 703.425, 703.430,
703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented: ORS 703.401
- 703.995

Hist.: DPSST 7-2006, f. &
cert. ef. 5-15-06; DPSST 7-2008(Temp), f. & cert. ef. 5-15-08 thru 10-16-08;
DPSST 12-2008, f. & cert. ef. 7-15-08; DPSST 11-2014, f. & cert. ef. 5-5-14

Exam

259-061-0095
Administration of the Exam
(1) The Department will adopt a test of professional investigator competency.
(2) Department staff or department approved designee will proctor the exam at a time and place established by staff or the designee.
Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented: ORS 703.401 - 703.995

Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0100
Exam Results
(1) The minimum passing score for the exam is 86%.
(2) The exam may be administered to an applicant no more then three consecutive times. If the applicant does not pass the exam on the third attempt, the applicant must wait one year from the date the last exam was taken to re-take the exam.
Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented: ORS 703.401 - 703.995

Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0110
Temporary License
(1) A person licensed as an Investigator in another jurisdiction may be licensed as a temporary investigator in the state of Oregon if:
(a) The person is licensed or certified to practice as an investigator in another state or jurisdiction,
(b) The certification or licensing standards of the other state or jurisdiction meet or exceed the standards for achieving a Provisional License in the state of Oregon, including a criminal background check.
(c) The person pays a non-refundable temporary license fee.
(d) The Department has received the application packet for Temporary Licensure.
(2) The person shall provide to the Department a copy of the authorizing states statutory requirements for private investigators, demonstrating that the person has undergone a criminal history background check. Additionally, the person shall provide a copy of the held certification or license issued by the authorizing jurisdiction and submit a Department approved application requesting a Temporary License. The Application form is a triplicate form; the original and one copy shall be mailed to the Department, one copy shall be retained by the investigator. The investigator's copy shall be carried on the person at all times while performing investigative services in this state. It shall be presented to any law enforcement officer upon demand and shall be displayed to any other person upon reasonable request.
(3) The Temporary License application packet must be mailed to the Department on or before the first day the person performs investigatory services in Oregon.
(4) The Temporary License shall be in effect for 90 days from the date the complete application and fees are received.
(5) The intent of this provision is to allow out-of-state investigators to temporarily conduct lawful business in this state.
Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented: ORS 703.401 - 703.995

Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0120
Interim Investigators License
(1) An employer, an attorney, or a private investigator licensed under ORS 703.430 may request an Interim Investigator's License for an applicant whose application for licensure as a Private or Provisional investigator is being processed by the Department. The Interim License allows the applicant to perform investigatory services within this state for a period of time not to exceed 120 days under the following conditions:
(a) The applicant has never been convicted of, pled guilty or no contest to or forfeited security for a crime;
(b) The applicant has submitted all required application materials, paid required fees, and passed the required exam;
(c) The employer has completed and signed the applicable portions of the Interim License request, affirming the above requirements have been met; and
(d) The Interim License request must bear a postmark on or before the first day the applicant performs investigative services.
(2) If an applicant has not completed each step of the application process, the applicant shall not perform investigatory services.
(3) The intent of this provision is to allow an employer or attorney or private investigator to legally deploy a private or provisional investigator, while the application for licensure is being processed.
(4) The Interim License will be valid no longer than 120 days or, in any event, shall end upon written notice from the Department to the applicant that the License has been administratively terminated under OAR 259-061-0020.
Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented: ORS 703.401 - 703.995

Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0130
Copying and Distribution of the Exam
(1) No person, school, association or any other entity is authorized to copy or distribute any exam administered by the Department without prior written authorization;
(2) Applicants who take the exam must not disclose to anyone or any entity the contents of the exam including the exam questions and answers.
Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented: ORS 703.401 - 703.995

Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

Qualifications

259-061-0140
Educational Substitutes for Experience
(1) Completion of a related course of study at an educational institution licensed or approved by a State Department of Education or other State approving agency, and approved by the Department may be substituted for up to 500 hours of the required work experience. Correspondence courses, online courses, or similar coursework will be evaluated on a case-by-case basis.
(2) Educational substitutions applied toward the required work experience will be granted on a three to one (3 to 1) basis and will be calculated using clock hours spent in class. For example, three hours in class would equate to one hour of allowable experience;
(3) Applicants must provide the Department or its authorized representative verifiable documentation in the form of sealed certified transcripts or an official certificate from the administering institution(s) showing successful completion of study in the related subject matter;
(4) The Department or its authorized representative will review the subject matter of the applicant's education on an individual basis;
(5) Certified transcripts or official copies of certificates presented to the Department in an envelope sealed by the program or institution or instructor and verified as sealed may be accepted directly from the applicant;
(6) If a program or institution granting credit is no longer in business, the Department will accept for review a copy of a certificate of completion or transcript or diploma in the required subject matter and hours. The Department may require additional information to verify the authenticity of such documents.
Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented: ORS 703.401 - 703.995

Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0150
Provisional Investigator Upgrade to Private Investigator
(1) The license of a Provisional Investigator will be upgraded to a Private Investigator license when the applicant provides verifiable documentation that he or she has performed 1500 hours of investigatory work, or completed a course of study approved by the Department.
(2) The expiration date for a provisional investigator's current license will not change when upgraded to a private investigator unless the upgrade is granted at the time of renewal or a new application and fee is received.
Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented: ORS 703.401 - 703.995

Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

Inactive Status

259-061-0160
Applying for Inactive Status
(1) A licensed investigator may apply, using a Department-approved form, for inactive status.
(2) A licensee may be granted inactive status upon:
(a) Payment of the inactive license fee; and
(b) Submission of the inactive status request form to the Department.
Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented: ORS 703.401 - 703.995

Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0170
Applying for Reinstatement to Active Status
(1) A licensee in inactive status may apply to the Department to be reinstated to active status by paying the appropriate license renewal fee and completing the appropriate renewal application form;
(2) A licensee applying for reinstatement to active status must comply with appropriate continuing education requirements as outlined in OAR 259-061-0240.
Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented: ORS 703.401 - 703.995

Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0180
Maintaining Current Information
Within 10 days of a change, a licensed investigator or applicant for licensure must notify the Department in writing of any changes to name, home address, home phone number, mailing address, business name, business address, or business phone number.
Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented: ORS 703.401 - 703.995

Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06



Enforcement and Compliance Procedures

259-061-0200
Compliance
(1) The Department may cause any administrative
proceeding or court action to be initiated to enforce compliance with the provisions
of ORS 703.010 to 703.995 and these rules.
(2) Violations. The Department
may find violations and recommend assessment of civil penalties upon finding that
an investigator has previously engaged in or is currently engaging in any of the
following acts:
(a) Providing investigative
services without valid licensure;
(b) The falsification of
any documents submitted to the Department;
(c) Failure to cease providing
investigative services upon issuance of a cease and desist order, expiration of
licensure, notice of termination, suspension, denial or revocation;
(d) Failure to submit properly
completed forms or documentation in a time frame as designated by the Department;
or
(e) Any other violation of
the requirements of ORS 703.401 to 703.490 or these rules.
(3) The Department may issue
a Demand to Examine Books and Records (DEBR) to obtain any record or document related
to compliance.
(a) The Department may cause
inspection or audits of the records of any investigator. Records inspected may include
any document relating to the requirements of ORS 703.401 to 703.490 and these rules.
(b) Failure to cooperate
or respond to any investigative inquires or DEBR may result in the issuance of a
civil penalty as described in this rule and the revocation or denial of licensure
as described in OAR 259-061-0300.
(4) The Department may issue
a Cease and Desist Order when an individual is not in compliance with these rules.
The order requires the individual to cease and desist providing investigative services
in the state of Oregon and will remain in effect until rescinded by the Department.
(5) Complaints and Allegations
of Violation.
(a) All complaints or allegations
of violations must be submitted on a Department-approved complaint form before an
investigation can be initiated, unless the Department grants an exception. The Department
may consider additional credible sources of information to determine non-compliance.
(b) A complainant other than
the Department must file the complaint with the Department within one year of knowledge
of the incident's occurrence.
(c) A preliminary administrative
review of the complaint or allegation will be conducted by the Department to ensure
there is sufficient information to proceed. Staff may conduct a fact-finding preliminary
investigation.
(A) If sufficient information
is determined to support the compliant or allegation, the Department may open and
conduct an investigation and gather relevant information.
(B) Investigators or other
involved parties must respond to any questions or requests within 20 days after
a request is mailed by the Department, unless an extension is requested and approved
by the Department.
(d) Unless otherwise prohibited
by law, if the complainant is a client or former client of the respondent, the complainant
must sign the waiver of confidentiality allowing the Department access to records
and other materials. Refusal by a complainant to comply with these requirements
may result in no investigation of the complaint.
(6) All records related to
alleged violations are subject to ORS 192.410 to 192.505, 703.480(2)(a) and ORS
703.473(3).
(7) Procedures for Proposing
a Civil Penalty.
(a) The Department may issue
an Allegation of Non-Compliance when there is reason to believe a violation has
occurred. The purpose of this document is to provide education and allow an opportunity
to gain compliance within 30 days without penalty.
(b) The Department will issue
a Notice of Violation upon discovery of violation as described in this rule. The
Notice will include a statement of found violations and proposed sanctions. An individual
may be given the opportunity to remedy the violation and pay a penalty within 10
days of the mailing of the notice.
(A) The Department may extend
the time to remedy a violation upon a showing of good cause.
(B) An individual will be
given the opportunity to provide mitigation to the Department.
(c) The Department, through
the Policy Committee and Board, will issue a Notice of Intent to Propose Civil Penalty
upon the failure to remedy a violation or request an extension within 10 days of
the mailing of the Notice of Violation.
(8) Hearing Request.
(a) If the Department issues
a Notice of Intent to Propose Civil Penalty, an individual is entitled to a contested
case hearing in accordance with the applicable provisions of the Attorney General’s
Model Rules of Procedure adopted under OAR 259-005-0015.
(b) The Department must receive
a request for hearing in writing within 20 days of the date the Notice of Intent
to Propose Civil Penalty was served on the individual.
(9) Default Order. If a timely
request for a hearing is not received, the Notice of Intent to Impose Civil Penalty
will become a Final Order Imposing Civil Penalty.
(10) Resolution by Stipulation.
The Department is authorized to seek resolution by stipulation, subject to acceptance
and approval by the Board and Director, if:
(a) The matter is resolved
before entry of a Final Order assessing penalty;
(b) The respondent satisfies
all terms set forth by the Department within the time allowed; and
(c) Any stipulated penalty
amount is received by the Department.
(11) Civil Penalty Amounts.
(a) Investigators will be
charged a penalty of not more than $500 for each violation.
(b) Notwithstanding subsection
(a), individuals in violation of ORS 703.405 will be charged a penalty of not more
than $5,000 for each violation with maximum penalties not to exceed $10,000 per
year.
(c) For the purposes of imposing
civil penalties, the Department will consider each violation of any section or
sub-section of ORS 703. 401 to 703.490 or any section or subsection of these rules
a separate violation.
(12) The Department may reduce
or waive civil penalties from the amounts set in this rule in situations where further
mitigation is warranted or the matter is resolved by stipulation at any time prior
to the entry of a Final Order.
(13) Staff will recommend
the full civil penalty amount for individuals that fail to satisfy the terms as
stipulated. The recommendation will be reviewed by the Policy Committee and approved
by the Board.
(14) An individual accused
of a violation will be given the opportunity to provide written mitigation to the
Department for consideration by the Department, Policy Committee or the Board.
Stat. Auth: ORS 703.995
Stats. Implemented: ORS 703.995
Hist.: DPSST 7-2006, f. &
cert. ef. 5-15-06; DPSST 27-2014, f. & cert. ef. 10-1-14
Continuing Education
259-061-0240
Continuing Education Requirements
(1) A licensed Private Investigator
must complete and report 32 hours of continuing education. Two of the hours must
be in ethics.
(2) A licensed Provisional
Investigator must complete and report 40 hours of continuing education. Two of the
hours must be in ethics.
(3) Except as listed in (a)(ix)
below, A licensed investigator may carry over up to 15 hours of unused continuing
education to his or her next licensing period. “Continuing Education”
as defined in OAR 259-061-0005(6), includes, but is not limited to:
(a) Books and manuals: Two
hours of continuing education will be granted for each non-fiction book or professional/technical
manual read, with a limit of six continuing education hours per licensing period.
Books will be approved on a case-by-case basis;
(b) College, internet or
correspondence courses;
(c) Conferences, seminars
and interactive webinars;
(d) Pre-recorded or non-interactive
media: Limited to 24 continuing education hours per licensing period.
(e) Department/Board/Committee
Meetings: One hour of continuing education will be granted for each hour in attendance
of a Board or Committee Meeting, with a limit of eight continuing education hours
per licensing period;
(f) Lectures and public presentations:
One hour of continuing education will be granted for each hour of presenting or
attending a lecture or public presentation, with a limit of eight hours of continuing
education per licensing period;
(g) Mentoring: One hour of
continuing education per eight hours of training will be granted to licensed investigators
who provide training to another investigator, with a limit of eight continuing educational
hours per licensing period;
(h) Network meetings: One
hour of continuing education will be granted for each network meeting attended,
with a limit of eight continuing education hours per licensing period;
(i) Publications: Continuing
education hours will be granted to individuals who have authored or co-authored
publications. Continuing education hours awarded for publications will be at the
Department’s discretion, with a limit of 10 continuing education hours per
licensing period, with no carry over.
(j) Any other continuing
education that reasonably could be considered beneficial to the work of the investigator.
The Department reserves the right to approve or disapprove any continuing education
request.
(4) License renewal. An investigator
must provide proof of completed continuing education by completing a Form PI-6 (Continuing
Education Summary), upon application of license renewal.
(5) Licensed Investigators
must retain documentation of proof of continuing education for four years.
(6) At the Department’s
discretion, the Department may audit continuing education documents to ensure compliance
with this rule.
Stat. Auth.: ORS 703.430, 703.447 &
703.480
Stats. Implemented: ORS 703.447
Hist.: DPSST 7-2006, f. &
cert. ef. 5-15-06; DPSST 2-2015, f. & cert. ef. 1-5-15
259-061-0250
Inactive License Continuing Education Requirements
(1) The Department will review a licensee's application for re-activation and determine, on a case-by-case basis, the number of continuing education credit hours required of the licensee prior to approving the active status;
(2) The licensee should be prepared to provide the Department with documentation of the number of hours of continuing education completed during the licensee's most recent active status period.
Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented: ORS 703.401 - 703.995

Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0300
Denial/Suspension/Revocation
(1) It is the responsibility of the
Board, through the Private Security and Investigator Policy Committee, to set the
standards, and of the Department to uphold them, to ensure the highest level of
professionalism and discipline. The Board will uphold these standards at all times
unless the Board determines that neither the safety of the public or respect of
the profession is compromised.
(2) Mandatory Grounds for
Denying, Suspending or Revoking Private Investigator Licensure. The Department must
deny or revoke the license of any applicant or private investigator after written
notice and hearing, if requested, upon finding that the applicant or private investigator
has been convicted of a person felony as defined by the Criminal Justice Commission
in OAR 213-003-0001 in effect on February 3, 2014 or any crime with similar elements
in any other jurisdiction;
(3) Emergency Suspension
Order: The Department may issue an emergency suspension order pursuant to OAR 137-003-0560
immediately suspending a private investigator’s licensure upon finding that
a person has been charged with any of the mandatory disqualifying crimes listed
in section (2) of this rule. The report may be in any form and from any source.
(a) The Department may combine
the hearing on the Emergency Suspension Order with any underlying proceeding affecting
the license.
(b) The sole purpose of the
emergency suspension hearing will be to determine whether the individual was charged
with a mandatory disqualifying crime. Upon showing that an individual was not charged
with a mandatory disqualifying crime, the suspension of the individual’s license
will be rescinded, otherwise the suspension will remain in effect until final disposition
of the charges.
(4) Discretionary Grounds
for Denying, Suspending or Revoking Private Investigator Licensure. The Department
may deny or revoke the licensure of any applicant or private investigator after
written notice and hearing, if requested, upon finding that an applicant or private
investigator:
(a) Fails to meet the minimum
standards for licensure as a private investigator as defined in OAR 259-061-0040;
(b) Has falsified any information
submitted on the application for licensure, including failing to disclose any criminal
convictions, or any other documents submitted to the Department pertaining to private
investigator licensure;
(c) Has violated any of the
conditions of a temporary or provisional license as described in ORS 703.401-703.995
and these rules;
(d) Has failed to submit
properly completed forms or documentation in a time frame as designated by the Department;
(e) Has failed to pay a civil
penalty or fee imposed by the Department when due;
(f) Has failed to comply
with any provisions found in ORS 703.401-703.995 or these rules;
(g) Has engaged in any of
the conduct described in ORS 703.450; or
(h) Lacks moral fitness.
For the purposes of this standard, the Department, through the Policy Committee
and Board, has defined lack of moral fitness as:
(A) Lack of Character. Lack
of character includes, but is not limited to, being disrespectful, failing to be
faithful and diligent to an investigative charge, and failing to use discretion
or compassion;
(B) Dishonesty. Lack of honesty
includes, but is not limited to, untruthfulness, dishonesty by admission or omission,
deception, misrepresentation or falsification;
(C) Failure to strive for
justice. Failing to strive for justice includes, but is not limited to, unjust treatment
or being partial, unfair or discriminatory;
(D) Lack of Public Trust.
Failure to maintain public trust and confidence includes, but is not limited to,
acting in an unlawful manner or not adhering to industry standards; or
(E) Lack of Respect for the
Laws of this State or Nation. Lack of respect for the laws of this state and nation
includes behavior which leads to an arrest or conviction within a ten-year period
prior to application or during licensure.
(5) Procedure for Denial
or Revocation of Licensure. Scope of Revocation. Whenever the Department revokes
the licensure of a private investigator under the provisions of this rule, the revocation
will encompass all private investigator licenses the Department has issued to that
person.
(6) Denial and Revocation
Procedure.
(a) Department Initiated
Review: Upon receipt of factual written information from any source the Department
may request that the Board deny, revoke or suspend the private investigator’s
licensure.
(b) Department Staff Review:
When the Department receives information from any source that a private investigator
may not meet the established standards for Oregon private investigators, the Department
will review the request and supporting factual information to determine if a sufficient
factual basis exists to support the request for denial, suspension or revocation
of a private investigator license under ORS 703.401-703.995 and these rules.
(A) If the Department determines
that a private investigator may have engaged in discretionary disqualifying misconduct:
(i) The Department will seek
input from the affected private investigator by allowing the individual to provide,
in writing, information for review.
(ii) The Department may take
action upon discovery of discretionary disqualifying misconduct when consensus is
reached that the nature of the discretionary disqualifying misconduct is appropriate
for summary staff disposition or administrative closure.
(iii) If Department staff
believes that a private investigator may have engaged in discretionary disqualifying
misconduct, Department staff will review the conduct, including aggravating and
mitigating circumstances. If Department staff is unable to reach a consensus to
summarily dispose of or administratively close the case, the case will be presented
to the Board, through the Private Investigator Subcommittee and the Policy Committee.
(B) In making a decision
to authorize initiation of proceedings under section (4) of this rule based on discretionary
disqualifying misconduct, Department staff, the Private Investigator Subcommittee,
the Policy Committee and Board will consider mitigating and aggravating circumstances.
(c) Initiation of Proceedings:
Upon determination that a sufficient factual basis exists to support the request
for denial, suspension, or revocation of a private investigator license under ORS
703.401–703.995 or these administrative rules, the Department will prepare
and serve a contested case notice on the private investigator.
(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) In discretionary cases
heard by a policy committee, the contested case notice will be served on the private
investigator prior to Board review. If the Board disapproves the Policy Committee’s
recommendation, the Department will withdraw the contested case notice.
(C) Applicants who choose
to withdraw their application forfeit their application fees.
(d) Response Time:
(A) A party who has been
served with an Emergency Suspension Order has 90 days from the date of mailing or
personal service of the Order in which to file a written request for hearing with
the Department.
(B) A party who has been
served with a Contested Case Notice of Intent to Deny Licensure has 60 days from
the date of mailing or personal service of the notice in which to file a written
request for a hearing or a written request withdrawing their application from consideration
with the Department.
(C) A party who has been
served with a Contested Case Notice of Intent to Revoke Licensure has 20 days from
the date of the mailing or personal service in which to file a written request for
hearing with the Department.
(e) 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 licensure 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.
(f) Final Order:
(A) A final order will be
issued pursuant to the applicable provisions of the Attorney General’s Model
Rules of Procedure adopted under OAR 259-005-0015 if a private investigator fails
to file exceptions and arguments within 20 days of issuance of the proposed order.
(B) Department-proposed amendments
to the proposed order 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 is issued.
(g) Stipulated Order Revoking
Licensure: The Department may enter a stipulated order revoking licensure of a private
investigator upon the person’s voluntary agreement to terminate an administrative
proceeding to revoke a license, or to surrender a license, under the terms and conditions
provided in the stipulated order.
(7) Appeals, Ineligibility
Period and Reconsideration. Appeal Procedure: Applicants and private investigators
aggrieved by the findings and Order of the Department may file an appeal with the
Court of Appeals from the Final Order of the Department, as provided in ORS 183.480.
(8) Upon denial or revocation
of a licensure, an individual is ineligible to reapply for future licensure for
a period of three years from the date of the final order issued by the Department.
(a) Any applicant reapplying
for licensure must reapply in accordance OAR 259-061-0020.
(b) Pursuant to ORS 703.465(4),
an applicant reapplying for licensure must prove by a preponderance of the evidence
that the grounds for the denial or revocation no longer exist.
(c) In reconsidering the
application of an applicant whose certification or licensure was previously denied
or revoked for discretionary grounds, the Department, the Policy Committee and the
Board may consider mitigating and aggravating circumstances.
(d) The Board’s decision
to deny an application for reconsideration will be subject to the contested case
procedure described under subsection (6) of this rule.
Stat. Auth.: ORS 703.415, 703.425, 703.430,
703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401
- 703.995
Hist.: DPSST 11-2014, f.
& cert. ef. 5-5-14; DPSST 20-2014, f. & cert. ef. 7-30-14; DPSST 5-2015,
f. & cert. ef. 3-24-15

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use