Employment, Training, And Certification


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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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 181.640.
(6) "Commissioned" means
being authorized to perform various acts or duties of a police 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 requisite qualifications and is so certified pursuant
to ORS 181.652.
(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.
(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 liquor enforcement
inspectors 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, 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 liquor enforcement inspectors; or
(e) A humane investigation
agency as defined in section 1, chapter 67, Oregon Laws 2012.
(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) “Liquor enforcement
inspector” 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.
(23) "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.
(24) "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.
(25) "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 181.652.
(26) "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, 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 special agent commissioned
under section 1, chapter 67, Oregon Laws 2012;
(e) An individual member
of the judicial security personnel identified pursuant to ORS 1.177 who is trained
pursuant to section 3, chapter 88, Oregon Laws 2012; or
(f) Any full-time employee
of the Department who possesses requisite qualifications and is so certified pursuant
to ORS 181.665.
(27) "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.
(28) “Public Safety
Personnel” and “Public Safety Officer” include corrections officers,
emergency medical dispatchers, parole and probation officers, police officers, certified
reserve officers, telecommunicators and liquor enforcement inspectors.
(29) “Public Safety
Professional” includes public safety personnel, public safety officers, and
instructors.
(30) "Regulations" mean written
directives established by the Department or its designated staff describing training
activities and student procedures at the Oregon Public Safety Academy.
(31) "Reimbursement" is the
money allocated from the Police Standards and Training Account, established by ORS
181.690, 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, 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 requisite qualifications and is so certified pursuant
to ORS 181.652.
(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 181.610 to 181.715).
(40) "Waiver" means to refrain
from pressing or enforcing a rule.
Stat. Auth.: ORS 181.640
Stats. Implemented: ORS 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;
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
259-008-0010
Minimum Standards for Employment
as a Law Enforcement 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 liquor enforcement inspector
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 liquor enforcement inspector
on March 16, 2012, who continues full-time employment as a liquor enforcement inspector
without a lapse.
(2) Age. No law enforcement
unit in this state may employ any person under the age of 21 years as a law enforcement
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 (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.
(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 (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
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 Examination.
All law enforcement officer applicants must be examined by a licensed physician
or surgeon.
(a) The medical examination
must be completed not more than 180 days prior to initial offer of employment, nor
more than 90 days after initial offer of employment, and must conform to applicable
standards of the Americans with Disabilities Act (ADA). Title 42 USC 1210.
(b) Individuals who have
had a successfully completed physical examination (while at the same employer) and
are selected for a certifiable position in a discipline in which the individual
is not yet certified must complete and pass a new physical examination.
(c) Liquor enforcement inspectors
employed by OLCC prior to July 1, 2015 who have previously completed OLCC basic
training are exempt from completion of the physical examination.
(d) Except as provided in
(f) below, the Department will not require a new physical examination when a law
enforcement officer obtains employment or re-employment if the officer;
(A) Has successfully completed
a physical examination for employment in the same discipline and is currently certified;
(B) Is currently employed
full-time in another jurisdiction who has successfully completed a comparable physical
examination in that jurisdiction; or
(C) Is employed in a limited
duration, administrative position as described in OAR 259-008-0078.
(e) Notwithstanding subsection
(d), a medical examination may be required by a hiring agency at its discretion.
(f) Notwithstanding subsection
(d), any law enforcement officer who is separated from employment for a reason related
to a physical inability to perform an essential task of a law enforcement officer
must successfully complete a physical examination prior to obtaining re-employment
in a certifiable position.
(g) Law Enforcement applicants
must meet the following criteria:
(A) Visual Acuity. Corrected
vision must be at least 20/30 (Snellen) in each eye. Due to the demonstrated likelihood
of dislodgment or breakage, candidates who are able to wear only glasses with frames
must meet an uncorrected standard not worse than 20/100 (Snellen) in each eye. Those
candidates who use soft contact lenses (SCLs) must have vision correctable to at
least 20/30 in each eye, with no uncorrected standard, provided the employing agency
will monitor compliance. Replacement glasses or lenses (as appropriate) must be
on the person or readily available at all times during each work shift.
(B) Color Vision. Red or
green deficiencies may be acceptable, providing the applicant can read at least
nine (9) of the first thirteen (13) plates of the Ishihara Test (24 Plate Edition).
Applicants who fail the Ishihara test can meet the color vision standard by demonstrating
that they can correctly discriminate colors via a field test conducted by the employer
and approved by DPSST.
(C) Depth Perception. Depth
Perception must be sufficient to demonstrate stereopsis adequate to perform the
essential tasks of the job. The recommended test is the Random Stereo Test with
60 seconds of arc.
(D) Peripheral Vision. Visual
Field Performance must be 140 degrees in the horizontal meridian combined.
(E) Night Blindness. A history
of night blindness should be evaluated to determine applicant's capacity to perform
essential tasks at night or in dark or low light settings.
(h) Applicants for the position
of police officer, corrections officer, or liquor enforcement inspector must have
sufficient hearing in both ears to perform essential tasks without posing a direct
threat to themselves or others. The applicant must have no average 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.
(i) Applicants for the position
of parole and probation officer must have sufficient hearing in both ears to perform
essential tasks without posing a direct threat to themselves or others. The applicant
must have no average loss greater than 35 decibels (db) at the 500, 1000, 2000,
and 3000 Hertz levels in either ear with no single loss in excess of 45 db.
(j) If amplification device(s)
is (are) necessary to meet the criteria in (h) or (i) above, or if applicant cannot
meet the above criteria and wishes to pursue application, applicant must:
(A) Obtain a hearing evaluation
by a licensed audiologist or otorhinolaryngologist (ear, nose, throat) to determine
current hearing aid requirement; and
(B) Achieve a Speech Reception
Threshold (SRT) of no greater than 25 db for each ear;
(C) Law enforcement applicants
must achieve a Speech Discrimination test score of no less than 90% utilizing a
standard 50-word presentation at 60 db Hearing Threshold Level (HTL). The Department
may require an applicant to have another examination by a licensed audiologist or
otorhinolaryngologist (ear, nose, and throat) designated by the Department to verify
that the applicant's hearing meets the Board's minimum hearing standard. The verification
examination will be at the expense of the applicant or the applicant's employing
agency. The equipment utilized for all of these evaluations must be calibrated annually
using current ANSI standards.
(D) Hearing amplification
devices used to meet the hearing standard must be the type that protects the applicant
from further hearing degradation due to amplification of loud sounds.
(k) Law enforcement applicants
must be able to use vocal chords and have significant speaking ability to perform
speaking-related essential tasks. For police, corrections officers, and liquor enforcement
inspectors, abnormalities of the nose, throat or mouth must not interfere with the
applicant's breathing or proper fitting of gas mask or similar device.
(l) Law enforcement applicants
who have a history of organic cardio-vascular disease or a finding during the medical
examination of organic cardio-vascular disease will necessitate further medical
evaluation.
(A) Resting blood pressure
must be less than or equal to 140 mmHg systolic and 90 mmHg diastolic on three successive
readings.
(B) Applicants must not have
a functional and therapeutic cardiac classification greater than the Heart Association's
Class A.
(C) Failure to meet guidelines
(k), (A) and (B) will require further medical evaluation.
(D) If the applicant has
controlled hypertension not exceeding the above standards and is on medication with
side effect profiles, which do not interfere with performance of duty, then the
condition may not be excludable.
(E) Functional Capacity I
patients with cardiac disease may not be excludable, if they have no limitations
of physical activity and ordinary physical activity does not cause discomfort and
they do not have symptoms of cardiac insufficiency, nor experience angina pain.
(F) Therapeutic Classification
A patients with cardiac disease, whose physical activity is restricted, should be
evaluated thoroughly.
(G) If further medical examination
is required under (k), it will be at the expense of the applicant or hiring authority.
(m) All law enforcement applicants
must submit a current-version DPSST Medical Examination Report (DPSST Form F2),
or a medical report completed by a licensed physician containing at a minimum the
information on Form F2 and a signed statement by the examining physician that the
applicant does not have any condition, physical, mental, or emotional, which, in
his/her opinion, suggests further examination. This Report will be furnished to
the examining physician by the hiring agency. The physician must indicate that the
applicant is or is not physically able to perform the duties of a law enforcement
officer as prescribed by DPSST.
(n) A copy of the Medical
Examination Report must be sent to the Department prior to acceptance into a basic
course, or any course where such report is required by the Department.
(o) The Department may require
an applicant offered conditional employment to take a subsequent examination by
a licensed physician of the Department's choice at the expense of the applicant
or the hiring authority.
(p) The Board may waive any
physical requirement where, in its judgment, the waiver would not be detrimental
to the performance of an officer's duties, including the protection of the public
and the safety of co-workers. The applicant may be required to demonstrate the ability
to perform the essential functions of the job.
(q) A person or department
head requesting a waiver of any physical requirement set forth in section (8) of
this rule shall submit the request to the Department in writing, accompanied by
supporting documents or pertinent testimony which would justify the action requested.
The supporting documents must include information pertinent to the waiver request.
The Board or Department may require additional documentation or testimony by the
person or department head requesting the waiver if clarification is needed. Any
expense associated with providing documentation or testimony will be borne by the
person requesting the waiver or the requesting agency. If the person requesting
the waiver does not obtain employment within one (1) year from the date a waiver
is granted, the waiver will be considered void.
(A) If the Board grants a
waiver, it will be recorded on the certification and any subsequent certification
unless removed by the Board upon proof that the condition prompting the waiver no
longer exists.
(B) If the Board denies a
request for a waiver of any physical requirement set forth in section (8) of this
rule, the Department will issue Notice and proceed as provided in section (9) of
this rule.
(9) Contested Case Hearing
Process for Denial of Waiver.
(a) Initiation of Proceedings:
Upon determination that the reason for denial of a waiver is supported by factual
data meeting the statutory and administrative rule requirements, a contested case
notice will be prepared.
(b) Contested Case Notice:
All 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 in which 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 181.640,
183.341
Stats. Implemented: ORS 181.640,
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
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 Examination.
All Telecommunicators and Emergency Medical Dispatcher applicants must be examined
by a licensed health professional.
(a) The medical examination
must be completed not more than 180 days prior to initial offer of employment, and
not more than 90 days after the initial offer of employment.
(b) The examination must
conform to applicable standards of the Americans with Disabilities Act (ADA). Title
42 USC 12101.
(c) Individuals who have
successfully completed a physical examination (while at the same employer) and are
selected for a certifiable position in a discipline in which the individual is not
yet certified must complete and pass a new physical examination.
(d) The Department will not
require a new physical examination when a Telecommunicator or Emergency Medical
Dispatcher obtains employment or re-employment if the Telecommunicator or Emergency
Medical Dispatcher:
(A) Has successfully completed
a physical examination for employment in the same discipline and is currently certified;
(B) Is currently employed
full-time in another jurisdiction and has successfully completed a comparable physical
examination in that jurisdiction;
(C) Is employed in a limited
duration, administrative position as described in OAR 259-008-0078.
(e) Notwithstanding subsection
(d), a medical examination may be required by a hiring agency at its discretion.
(f) Telecommunicator and
Emergency Medical Dispatcher applicants must meet the following criteria:
(A) Visual Acuity. Corrected
vision must be at least 20/30 (Snellen) when tested using both eyes together.
(B) Color Vision. Red or
green deficiencies may be acceptable, providing the applicant can read at least
nine (9) of the first thirteen (13) plates of the Ishihara Test (24 Plate Edition).
Applicants who fail the Ishihara test can meet the color vision standard by demonstrating
that they can correctly discriminate colors via a field test conducted by the employer
and approved by DPSST. The results of the field test and the methods for testing
must be maintained by the employing agency.
(i) Any employing agency
that conducts a field test to meet the color vision standard must also complete
a Department approved affidavit attesting that the applicant can either correctly
discriminate colors or is able to successfully perform the required tasks of a Telecommunicator
or Emergency Medical Dispatcher, notwithstanding the applicant's inability to correctly
discriminate colors.
(ii) Any affidavit required
by (i), that the Department receives and accepts, is non-transferable to any subsequent
employer and may not be used by any other entity for certification purposes.
(iii) Notwithstanding subsection
(d) of this rule, each employer must complete an agency-specific field test and
a Department approved affidavit as described in subsection (i) of this section for
any Telecommunicator or Emergency Medical Dispatcher who previously met the color
vision standard by completing a field test.
(C) Peripheral Vision. Visual
Field Performance must be 120 degrees in the horizontal meridian combined.
(g) Applicants for the position
of Telecommunicator or Emergency Medical Dispatcher must have sufficient hearing
in both ears to perform essential tasks without posing a direct threat to themselves
or others.
(A) The applicant must meet
National Emergency Number Association (NENA) hearing standard NENA-STA-007.2-2014
(June 14, 2014).
(B) If the applicant cannot
meet the identified hearing standard without correction, the applicant may utilize
hearing amplification devices to meet the hearing standard. The Department may require
an applicant to have another examination by a licensed audiologist or otorhinolaryngologist
(ear, nose, throat) designated by the Department to verify that the applicant’s
corrected hearing meets the Board’s minimum hearing standard.
(h) Applicants for the position
of Telecommunicator or Emergency Medical Dispatcher must be able to use vocal cords
and exhibit normal speech patterns, sufficient to perform speaking-related essential
tasks.
(8) If further medical examination
is required, it will be at the expense of the applicant or the hiring authority.
(9) All Telecommunicator
and Emergency Medical Dispatcher applicants must submit a current-version Medical
Examination Report for Telecommunicators and Emergency Medical Dispatchers (DPSST
Form F-2T) or a signed medical report completed by a licensed health professional
identified by the Department containing, at a minimum, the information on Form F-2T
prior to the acceptance into a basic course or any course where such a report is
required by the Department. The Form F-2T will be furnished to the examining health
professional by the hiring agency.
(10) The Department may require
an applicant offered conditional employment to take a subsequent examination by
a licensed physician of the Department's choice at the expense of the applicant
or the hiring authority.
(11) The Board may waive
any physical requirement where, in its judgment, the waiver would not be detrimental
to the performance of a Telecommunicator or Emergency Medical Dispatcher's duties.
The applicant may be required to demonstrate the ability to perform the essential
functions of the job.
(12) A person or department
head requesting a waiver of any physical requirement set forth in section (11) of
this rule must submit the request to the Department in writing, accompanied by supporting
documents or pertinent testimony which would justify the action requested. The supporting
documents must include information pertinent to the waiver request.
(a) The Board or Department
may require additional documentation or testimony by the person or department head
requesting the waiver if clarification is needed.
(b) Any expense associated
with providing documentation or testimony will be borne by the person requesting
the waiver or the requesting agency.
(c) If the person requesting
the waiver does not obtain employment within one (1) year from the date a waiver
is granted, the waiver will be considered void.
(d) If the Board grants a
waiver, it will be recorded on the certification and any subsequent certification
unless removed by the Board upon proof that the condition prompting the waiver no
longer exists.
(e) If the Board denies a
request for a waiver of any physical requirement set forth in section (7) of this
rule, the Department will issue Notice and proceed as provided in section (13) of
this rule.
(13) Contested Case Hearing
Process for Denial of Waiver.
(a) Initiation of Proceedings:
Upon determination that the reason for denial of a waiver is supported by factual
data meeting the statutory and administrative rule requirements, a contested case
notice will be prepared.
(b) Contested Case Notice:
All 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 in which 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 181.640,
183.341
Stats. Implemented: ORS 181.640,
183.341
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
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 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 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 potential employers.
(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 181.640
Stats. Implemented: ORS 181.640
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
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.
(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
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 181.640
Stats. Implemented: ORS 181.640
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
259-008-0025
Minimum Standards for Training
(1) Basic Course:
(a) Except as provided in
OAR 259-008-0035, all law enforcement officers, telecommunicators, and emergency
medical dispatchers must satisfactorily complete the prescribed Basic Course, including
the field training portion. The Basic Course and field training portion must be
completed within twelve months from the date of employment by corrections officers
and within 18 months by police officers, parole and probation officers, telecommunicators,
emergency medical dispatchers and liquor enforcement inspectors.
(b) The field training program
shall be conducted under the supervision of the employing department. When the field
training manual is properly completed, the sign-off pages of the field training
manual must be forwarded to the Department. Upon the approval of the Department,
the employee shall receive credit toward basic certification.
(c) Liquor enforcement inspectors
employed by OLCC prior to July 1, 2015 who have previously completed OLCC basic
training may be exempted from completion of the basic liquor enforcement inspector
course.
(d) Effective July 1, 2007,
all police officers must satisfactorily complete the Department’s physical
fitness standard. The Department’s physical standard is:
(A) Successful completion
of the OR-PAT at 5:30 (five minutes and thirty seconds) when tested upon entry at
the Basic Police Course; or
(B) Successful completion
of the OR-PAT at 5:30 (five minutes and thirty seconds) when tested prior to graduation
from the Basic Police Course.
(e) Law enforcement officers
who have previously completed the Basic Course, but have not been employed as a
law enforcement officer as defined in ORS 181.610 and OAR 259-008-0005 during the
last five years or more, must satisfactorily complete the full required Basic Course
to qualify for certification. This requirement may be waived by the Department upon
a finding that the applicant has current knowledge and skills to perform as an officer.
(f) Telecommunicators and
emergency medical dispatchers who have previously completed the Basic Course, but
have not been employed as a telecommunicator or EMD, as described in ORS 181.610
and OAR 259-008-0005 for 2–1/2 years or more, must satisfactorily complete
the full required Basic Course to qualify for certification. This requirement may
be waived by the Department upon finding that a Telecommunicator has current knowledge
and skills to perform as a Telecommunicator. There is no waiver available for an
emergency medical dispatcher.
(g) Previously employed telecommunicators
may challenge the Basic Telecommunications Course based on the following criteria:
(A) The department head of
the applicant’s employing agency shall submit the “challenge request”
within the time limits set forth in the Oregon Revised Statutes and Oregon Administrative
Rules.
(B) The applicant must provide
proof of successful completion of prior equivalent training.
(C) The applicant must provide
documentation of the course content with hour and subject breakdown.
(D) The applicant must obtain
a minimum passing score on all written examinations for the course.
(E) The applicant must demonstrate
performance at the minimum acceptable level for the course.
(F) Failure of written examination
or demonstrated performance shall require attendance of the course challenged.
(G) The applicant will only
be given one opportunity to challenge a course.
(h) Previously employed police
officers, corrections officers, parole and probation officers, and liquor enforcement
inspectors who are required to attend the Basic Course may not challenge the Basic
Course.
(i) Except as provided in
section (2)(b) of this rule, all law enforcement officers who have previously completed
the Basic Course, but have not been employed as a law enforcement officer as described
in ORS 181.610 and OAR 259-008-0005 over 2–1/2 years but less than five years
must complete a Career Officer Development (COD) Course if returning to the same
discipline. This requirement may be waived after a staff determination that the
applicant has demonstrated the knowledge and skills required for satisfactory completion
of a Career Officer Development Course.
(j) Corrections and police
officers who have not completed the Basic Course must begin training within 90 days
of their initial date of employment.
(A) A police officer must
begin training at an academy operated by the Department.
(B) A corrections officer
who is employed by Oregon Department of Corrections (DOC) must begin DOC Basic Corrections
Course (DOC BCC) training provided by DOC as described in section (6) of this rule.
(C) A corrections officer
who is not employed by DOC must begin training at an academy operated by the Department.
(D) A 30-day extension of
this time period shall be granted by the Board or its designee upon receipt of a
written statement of the reasons for the delay from the officer’s employer.
Any delays caused by the inability of the Department to provide basic training for
any reason, shall not be counted as part of the periods set forth above (refer to
ORS 181.665 and 181.652).
(k) Law enforcement officers
who have previously completed a basic training course out of state while employed
by a law enforcement unit, or public or private safety agency, may, upon proper
documentation of such training and with approval of the Department, satisfy the
requirements of this section by successfully completing a prescribed Career Officer
Development Course or other appropriate course of instruction.
(l) The basic course for
police officers must include:
(A) Training on the law,
theory, policies and practices related to vehicle pursuit driving;
(B) Vehicle pursuit training
exercises, subject to the availability of funding; and
(C) A minimum of 24 hours
of training in the recognition of mental illnesses utilizing a crisis intervention
training model. A minimum of one hour of this training must be on the appropriate
use of the medical health database maintained by the Department of State Police
within the Law Enforcement Data System.
(2) Career Officer Development
Course:
(a) Except as provided in
(b), all law enforcement officers who have not been employed as such for between
2–1/2 years and five years, must satisfactorily complete a Career Officer
Development (COD) Course approved by the Department.
(A) A law enforcement officer
assigned to a COD Course must also complete the Board’s field training program
under the supervision of the employing department and submit to the Department a
properly completed Field Training Manual. The Department may waive the Field Training
Manual requirement upon demonstration by the employing agency that it is not necessary
(refer to OAR 259-008-0025(1)(b)).
(B) A law enforcement officer
who fails to achieve a minimum passing test score after completing a COD Course
will be given one opportunity to remediate through self-study and re-test within
60 days of the initial date of failure.
(C) A law enforcement officer
who fails to achieve a minimum passing test score after re-testing will have been
determined to have failed academically and will be required to attend the next available
Basic Course.
(D) A law enforcement officer
who is scheduled to complete a distance learning COD Course must achieve a minimum
passing test score within the timeframe set by the Department. Failure to successfully
complete a distance COD Course within the timeframe set by the Department will require
an officer to attend the next available COD Course.
(b) Law enforcement officers
employed in a limited duration, administrative position, as described in OAR 259-008-0078,
are exempted from completion of the COD course.
(c) The Department may also
require successful completion of additional specified courses or remedial training.
(3) Supervision Course. All
law enforcement officers, telecommunicators, and emergency medical dispatchers promoted,
appointed, or transferred to a first-level supervisory position must satisfactorily
complete Supervision training that complies with the requirements outlined in DPSST
Form F-21. The required training must be completed within 12 months after initial
promotion, appointment, or transfer to such position. This section applies whether
the individual is promoted or transferred to a supervisory position within a department,
or is appointed from an outside department, without having completed the required
Supervision training within the preceding five (5) years.
(4) Middle Management Course.
All law enforcement officers, telecommunicators, and emergency medical dispatchers
promoted, appointed, or transferred to a middle management position must satisfactorily
complete Middle Management training that complies with the requirements outlined
in DPSST Form F-22. The required training must be completed within 12 months after
initial promotion, appointment, or transfer to such position. This section applies
whether the individual is promoted or transferred to a middle management position
within a department, or is appointed to the position from an outside department
without having completed the required Middle Management training within the preceding
five (5) years.
(5) Specialized Courses.
(a) Specialized courses are
optional and may be presented at the Academy or regionally. The curriculum is generally
selected because of relevancy to current trends and needs in public safety fields,
at the local or statewide level.
(b) Specialized courses may
be developed and presented by individual departments of the criminal justice system,
local training districts, a college, the Department, or other interested persons.
Department staff may be available to provide assistance when resources are not available
in the local region.
(c) Police officers, including
certified reserve officers, must be trained on how to investigate and report cases
of missing children and adults.
(A) The above mandated training
is subject to the availability of funds.
(B) Federal training programs
must be offered to police officers, including certified reserve officers, when they
are made available at no cost to the state.
(6) The DOC Basic Corrections
Course.
Course Requirements:
(a) Except as provided in
OAR 259-008-0035, all corrections officers hired by the Oregon Department of Corrections
(DOC) must satisfactorily complete the DOC Basic Corrections Course (DOC BCC), including
the field training portion. All corrections officers must complete the DOC BCC and
field training portion within twelve months from the date of employment.
(b) Prior to attending a
DOC BCC, a corrections officer hired by DOC must:
(A) Meet the minimum standards
for employment as a law enforcement officer contained in OAR 259-008-0010;
(B) Meet the background investigation
requirements for a law enforcement officer contained in OAR 259-008-0015; and
(C) Meet the minimum standards
for training contained in this section.
(c) The DOC BCC must conform
to the content and standard approved by the Board. The DOC BCC must include, but
is not limited to:
(A) Minimum training standards
for the basic certification of corrections officers employed by DOC. The minimum
training developed by DOC must be adopted by the Board and must meet or exceed the
minimum training standards for the basic certification of corrections officers employed
by a law enforcement unit other than DOC.
(B) Minimum Course Hours.
The minimum course hours are 240. DOC BCC Course hours refer to hours of training
related to DPSST Instructional Goals and may include classroom, scenarios, skills
sheets or other related training methodology.
(i) The DOC BCC must include
hours addressing all Instructional Goals within each of the following sections:
(I) Section A — 20
hours in Legal Considerations;
(II) Section B — 37
hours in Security Procedures;
(III) Section C — 43
hours in Inmate Supervision;
(IV) Section D — 16
hours in Inmate Health Care;
(V) Section E — 16
hours in Professional Skills;
(VI) Section F — 27
hours in Personal Fitness;
(VII) Section G — 41
hours in Defensive Tactics; and
(VIII) Section H —
26 hours in Skills — Firearms.
(ii) Administrative time
is not included within the hours identified in subsection (i). Administrative time
may be up to 6% of the overall course hours, or a maximum of 14 hours.
(iii) A minimum of 80% of
the classes in the DOC BCC must include:
(I) Participatory learning
activities which include, but are not limited to, scenario training, hands-on training
and problem-based learning; and
(II) Sufficient hours to
address the Instructional Goals in subsection (i).
(C) Attendance Standards.
Attendance rosters must be kept and copies of these rosters must be submitted to
the Department at the conclusion of a student’s training, or when requested
by the Department. To successfully complete the DOC BCC, a student may not miss
more than 10% of the DOC BCC.
(D) Notwithstanding (C) above,
successful completion of the DOC BCC requires 100% attendance during classes in
which the following Instructional Goals are covered:
(i) B1.2 Instruction and
practice applying safe and efficient tactics for inmate monitoring, inmate counts
and facility perimeter checks;
(ii) B2.2 Instruction and
practice conducting appropriate, safe and systematic searches of inmates and correctional
facilities;
(iii) B5.2 Instruction and
practice restraining individuals in an appropriate, safe and systematic manner;
(iv) B8 Reality based scenarios
that enhance a new corrections professional’s understanding and application
of security procedures in a correctional facility;
(v) C3.2 Instruction and
practice using interpersonal skills to effectively communicate with inmates and
other persons in a correctional setting;
(vi) C10 Reality-based scenarios
that enhance a new corrections professional’s understanding and application
of inmate supervision strategies within a correctional facility;
(vii) D3.2 Instruction and
practice applying appropriate intervention strategies for dealing with inmates with
major mental illnesses;
(viii) G1 Decision-making
skills related to the use of reasonable force to effectively overcome and control
resistive and/or hostile behavior;
(ix) G2 Instruction and practice
using reasonable force tactics to effectively overcome and control resistive and/or
hostile behavior;
(x) G3 Reality-based scenarios
that enhance a new corrections professional’s understanding and application
of reasonable force decision-making and tactics within a correctional facility;
(xi) H1 Basic gun-handling
skills; and
(xii) H2 Basic understanding
of the use, limitations and techniques of a service handgun, and proficiency in
safety, proper gun-handling, marksmanship and firearms tactics.
(E) Conduct. An individual
attending a DOC BCC is expected to uphold the minimum moral fitness standards for
Oregon public safety officers during their training. DOC will document the date,
type, and disposition of any student misconduct relating to the minimum standards
for correctional officers. These include, but are not limited to, the following
Zero Tolerance Offenses:
(i) Any unlawful act;
(ii) Dishonesty, lying or
attempting to conceal violations;
(iii) Cheating;
(iv) Harassment; or
(v) Alcohol possession or
use at the training venue.
(F) Course Curriculum.
(i) The DOC BCC will be based
on the critical and essential job tasks identified in the most current Job Task
Analysis for corrections officers provided to DOC by the Department.
(ii) The DOC BCC will incorporate
the most current Instructional Goals provided to DOC by the Department.
(iii) The DOC BCC will incorporate
curriculum updates provided to DOC by the Department, when those updates address
the critical and essential job tasks or Instructional Goals referenced above. Testing
Requirements:
(G) Academic Testing. Academic
testing will consist of written test questions that are valid, create reasonable
academic rigor, and require students to demonstrate knowledge and application of
the essential tasks identified within the DOC BCC curriculum. DOC must administer
examinations and maintain a file of examinations conducted.
(i) Academic Testing Passing
Score. Except as provided below, to successfully complete the DOC BCC, students
must achieve a minimum score of 75% on each academic test. If a student does not
attain a 75% score, and DOC retains the student as an employee in a certifiable
position, DOC must remediate the student. After remediation, a student will be allowed
one opportunity to re-test and achieve a minimum score of 75%.
(ii) Students must attain
a score of 100% on all academic test questions on Use of Force topics. If a student
fails to attain a 100% score on Use of Force topics, and DOC retains the student
as an employee in a certifiable position, DOC must remediate the student. Remediation
must include the student completing the DPSST Use of Force Remediation form to demonstrate
understanding of each topic missed.
(H) Skills Testing. Skills
testing will consist of evaluations documented by use of Skills Sheets during which
students must demonstrate competence and achieve a “pass” score in each
skill tested.
(I) Test Security and Integrity.
(i) DOC must develop and
strictly enforce measures to ensure the security of test questions and integrity
of all testing processes.
(ii) DOC must randomize the
order of test questions and must develop a sufficient bank of test questions to
ensure that students who fail to achieve a passing score and are remediated are
given a randomized test that includes some questions that are different than those
in the test the student originally failed.
(J) Instructor Requirements:
Instructor Qualifications.
(i) All instructors for the
DOC BCC must meet or exceed the Instructor Certification standards for instructors
at DPSST Basic courses and must be currently certified by the Department in the
categories instructed.
(ii) DOC must verify that
an instructor providing instruction within a category has the requisite subject
matter knowledge, skills and abilities.
(K) The equivalency of the
DOC BCC is subject to approval by the Board and verified by ongoing audits.
(L) DOC BCC documentation
must include, but is not limited to:
(i) Training schedules, to
include all training related to DOC BCC hours, such as classroom, skills sheets,
online training and scenarios;
(ii) Classes with associated
Instructional Goals and related hours;
(iii) Participatory learning
activities within each class;
(iv) Testing Measures for
each class; and
(v) Attendance rosters.
(M) DOC BCC Class Training
Schedule documentation for each DOC BCC must include, but is not limited to:
(i) Notification of all anticipated
DOC BCC training dates to include DOC BCC remediation training;
(ii) Times of DOC BCC training;
(iii) Locations of DOC BCC
training; and
(iv) Instructors scheduled
to provide training.
(N) Ongoing DOC BCC student
documentation during each DOC BCC must include, but is not limited to:
(i) A list of students scheduled
to attend training;
(ii) Student names, DPSST
numbers, dates of employment and employing institutions;
(iii) Identification of any
class or skill failure requiring remediation to including, but not limited to, the
date and location of failure, date and location of remediation, the instructor who
had oversight over remediation, and the result of remediation.
Certification Requirements
(O) Officer Certification.
The applicant must meet the minimum standards for certification as a corrections
officer contained in OAR 259-008-0060. DOC must submit the following documents at
the time Basic certification is requested:
(i) F-7 (Application for
Certification);
(ii) F-6 (Course Roster)
for DOC BCC including the number of hours and the final cumulative score;
(iii) F-6 (Course Roster)
for DOC Advanced Corrections Course with attached itemized list of classes attended;
(iv) Proof of current First
Aid/CPR;
(v) F-11 (Criminal Justice
Code of Ethics); and
(vi) FTO Manual Completion
Report.
(P) Course Certification.
Each DOC BCC class must be certified before officers who complete that BCC may be
certified. The following Class Notebook requirements are needed prior to course
certification:
(i) F-6 DPSST Class Roster,
listing all students who began the course, passed or failed the course, and those
who did not complete the course.
(ii) Curriculum for all components
of the BCC, to include classroom, skills, online, and scenario training. The curriculum
components must include lesson outlines, PowerPoint, handouts and other related
documents to support each class.
(iii) Schedule of classes
within the course, to include roster for each class, weekly schedule outlining the
dates of training, the location of training, the phases of training, the number
of hours for each class, the name of the class, the instructors who provided instruction.
(iv) Documentation of all
training failures and remediation, to include class, date and location of training
failure, the type of failure, the date, location and instructor who had oversight
over the remediation of the failure and the result of the remediation.
(v) Testing measures, to
include test questions and answers, individual student tests, student scores by
student name, DPSST number and date of examination, and the overall class percentage.
(vi) Individual student records,
to include evaluation forms, PQC qualification card, training records, and absence
reports.
(vii) All skill sheets for
every student completing some or all of the required skill sheets.
(7) Waiver. A person requesting
a waiver of any course requirements is required to submit to the Department any
supporting documents or pertinent expert testimony and evaluation requested. Any
expense associated with providing such documentation, testimony or evaluation shall
be borne by the person requesting the waiver or the requesting agency.
(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 181.640
Stats. Implemented: ORS 181.640
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
259-008-0030
Extension of the Time Limit for Course Completion
The Department may grant an extension of time limit for completion of any course required by OAR 259-008-0025 upon presentation of evidence by a law enforcement unit or public or private safety agency that a law enforcement officer, telecommunicator, or emergency medical dispatcher was unable to complete the required course within the time limit prescribed due to a leave or any reasonable cause as determined by the Department, except where such extensions are limited by ORS 181.652(2), 181.653(2), 181.665(2), and 181.644(2).
Stat. Auth.: ORS 181.644, 181.651, 181.653 & 181.665

Stats. Implemented: ORS 181.644, 181.651, 181.653 & 181.665

Hist.: PS 12, f. & ef. 12-19-77; PS 1-1983, f. & ef. 12-15-83; Renumbered from 259-010-0035, 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 5-2004, f. & cert. ef. 4-23-04; DPSST 7-2010, f. 7-15-10, cert. ef. 8-1-10
259-008-0035
Waiver for Equivalent Training or Experience -- Reciprocity
(1) The Board or its designee may waive
the completion of any course required by OAR 259-008-0025 upon presentation of documentary
evidence by a law enforcement unit or public or private safety agency that a law
enforcement officer, telecommunicator, or emergency medical dispatcher has satisfactorily
completed equivalent training or experience.
(2) In order to be considered
for equivalency, training received in a state with laws governing or regulating
training of law enforcement officers shall, if subject to such review, have been
approved or certified by the employing agency in the state in which the training
was received.
(3) The Department may elect
to prescribe as a condition of certification successful completion of specified
courses or remedial training.
(4) The Department may enter
into standing reciprocity compacts or agreements with those states which, by law,
regulate and supervise the quality of public safety officers and require a minimum
number of hours of classroom training equivalent to standards established by the
Board.
Stat. Auth.: ORS 181.660
Stats. Implemented: ORS 181.660
Hist.: PS 12, f. & ef.
12-19-77; PS 1-1983, f. & ef. 12-15-83; Renumbered from 259-010-0045, 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 11-2015, f. 6-23-15, cert. ef.
7-1-15
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 (9) 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 liquor enforcement inspector for more than 18 months unless that
officer, telecommunicator, emergency medical dispatcher or liquor enforcement inspector
has been certified under the provisions of ORS 181.610 to 181.705 and the certification
has neither lapsed nor been revoked.
(3) No person may be employed
as a corrections officer for more than one (1) year unless that officer has been
certified under the provisions of ORS 181.610 to 181.705 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 officer'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 (Medical Form).
[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; 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
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)(a) 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.
(b) The Department of Public
Safety Standards and Training certifies police officers for the purposes of ORS
813.131(2).
(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 liquor enforcement inspectors
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, liquor enforcement 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 liquor enforcement
inspector 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, and telecommunicator
applicants until October 31, 2015; or
(ii) The “Police/Corrections/Parole
& Probation” chart. This certification chart became effective November
1, 2012, and may be referenced by police, corrections, 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 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, and telecommunicator
applicants until October 31, 2015; or
(ii) The “Police/Corrections/Parole
& Probation” chart. This certification chart became effective November
1, 2012, and may be referenced by police, corrections, 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 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 (9) 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 twelve (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 (4) 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 twelve (12)
hours of training specific to the telecommunicator discipline must be reported annually
as required under OAR 259-008-0064.
(C) A minimum of twenty (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 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) 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 (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-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 181.640,
181.644, 181.651, 181.652, 181.653, 181.654 & 181.665
Stats. Implemented: ORS 181.640,
181.644, 181.651, 181.652, 181.653, 181.654 & 181.665
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
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
Certification of Courses and Classes
(1) The Department will certify state mandated courses and classes deemed adequate to effectively teach one or more approved public safety subject(s) to public safety professionals.
(2) Certification will be based on the evaluation of course curriculum or subjects for instruction, instructor qualifications, facilities for instruction, and method of instruction. The Department may cause inspections to be made pursuant to ORS 181.640(2).
(3) Facilities and equipment used for certified training must be accessible to all interested and qualified individuals.
(4) The Department recognizes courses at two levels: Content and Topical.
(a) Content level courses require a student demonstration of acquired knowledge, skill, or ability. Agencies, organizations, or individuals requesting course certification at the content level must submit an Application for Certification of Course (DPSST Form F-20), accompanied by clearly-defined performance objectives, test questions or evaluation criteria, and evidence of instructor certification as provided in OAR 259-008-0080. Applications received later than thirty (30) calendar days prior to the start of the course, will not be certified at the content level.
(b) Topical courses are non-mandated courses that are informational in nature. The Department does not certify topical courses.
(5) The Department must certify courses of instruction prior to course completion, or may approve exceptions to this requirement under documented unique circumstances. Records of attendance for training must be maintained by the entity conducting the training.
(6) The Department will notify the requester, in writing, of the denial or approval of course certification.
(7) Course rosters must be completed, indicating the actual number of hours attended by each student. Course rosters must also indicate whether each student passed or failed. Rosters must be returned to the Department within thirty (30) calendar days of course completion; otherwise, the Department may decertify the course.
(8) It is the responsibility of the requesting agency, organization, or individual, to:
(a) Oversee the preparation of curriculum and to insure its compliance with the requirements of the Department;
(b) Obtain a facility and instructor(s) to be used for the course, and insure their compliance with the requirements of the Department;
(c) Develop rules and regulations governing the operation of the facility and the conduct of the trainees;
(d) Administer the course;
(e) Maintain an accurate record of attendance; and
(f) Maintain all forms required by the Department, forwarding them within the stipulated time period.
(9) Once a course is certified, it remains certified for unlimited delivery during that calendar year, unless there is a significant change in course content, number of hours or instructor(s); or unless it is decertified by the Department as provided in section (7) and (11) of this rule. The Department must be notified of significant changes.
(10) All course certification will expire on December 31 of each year. Agencies, organizations or individuals must request recertification to continue a course into a new calendar year.
(11) The Department may decertify a course whenever that course is deemed inadequate. The course may be recertified by the Department when satisfactory proof has been presented to the Department that the deficiencies have been corrected.
(12) Any law enforcement unit or public or private public safety agency, or any college, university, or academy may align their training or education programs with the standards set by the Department (OAR 259-008-0025) and apply for course certification in the manner described in section (4) of this rule.
(13) Unless written approval is granted otherwise, any course that has been declared mandatory by the Department shall require a minimum number of training hours in each specific subject that constitutes the course, as determined and modeled by the course being offered at the Oregon Public Safety Academy.
(14) Effective January 1, 2007, the department may not accredit any police training program provided by a public safety agency in Oregon or any educational program as equivalent to the minimum training provided by the Department and required for basic certification as a police officer.
[ED. NOTE: Forms referenced are 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 259-010-0065, 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
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,
liquor enforcement, 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, liquor enforcement, 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 181.610,
police officer, reserve officer, corrections officer, parole and probation officer,
and liquor enforcement inspector. 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 & 181.640
Stats. Implemented: ORS 176.260
& 181.640
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
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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