Private Security Services Providers Rules

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_200/oar_259/259_060.html
Published: 2015

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

 

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DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING

 

DIVISION 60
PRIVATE SECURITY SERVICES PROVIDERS RULES

259-060-0005
Objectives
(1) The objectives
of the Board’s and Department's rules on private security standards and certification
are to improve the private security industry services in Oregon by raising the level
of competence of private security personnel, individually and collectively. This
is accomplished by:
(a) Establishing
and maintaining minimum standards and qualifications for the training, certification
and licensure of private security providers;
(b) Establishing
and maintaining minimum standards and qualifications for all training courses and
testing required of private security providers; and
(c) Maintaining
uniform compliance with all provisions of the Private Security Service Providers
Act found in ORS 181.870 through 181.991, including the use of criminal records
checks utilizing computerized criminal history information, fingerprint comparisons,
and fact-finding investigations.
(2) The scope
of authority between the Board and the Department as it relates to joint rulemaking
is the same as ORS 181.640(4)(5)(6).
Stat. Auth.: ORS
181.878

Stats. Implemented:
ORS 181.875, 181.878 & 181.880

Hist.: PS
9-1997, f. & cert. ef. 8-20-97; 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 3-1999(Temp), f. & cert. ef. 3-9-99 thru 9-5-99; BPSST 4-1999,
f. 4-29-99, cert. ef. 9-5-99; DPSST 6-2006, f. & cert. ef. 5-15-06; DPSST 25-2012,
f. 10-26-12, cert. ef. 11-1-12
259-060-0010
Definitions
(1) "Accreditation Program Manager"
means a person who is designated as the administrator of an employer accredited
training program and is primary liaison with the Department.
(2) "Alarm Monitor" means
an individual whose primary duties are the processing of alarms in an alarm monitoring
facility.
(3) “Alarm Monitoring
Facility” mean any organization, contract or proprietary, with the primary
responsibility of reviewing incoming traffic transmitted to alarm receiving equipment
and follows up with actions that may include notification of public agencies to
address imminent threats related to public safety. This does not include:
(a) Facilities that monitor
only production or environmental signals not directly impacting public safety;
(b) Proprietary alarm systems
being monitored by Department-certified private security professionals that generate
an internal response by another Department-certified private security professional;
(c) Facilities that monitor
Personal Emergency Response Systems (PERS) only; or
(d) Facilities utilizing
alarms that never generate a response from a public safety agency.
(4) “Applicant”
means an individual who is applying for or renewing certification or licensure as
a private security provider.
(5) "Armed Private Security
Professional" means a private security professional who is certified to possess
or has access to a firearm at any time while performing private security services.
(6) "Assessments means a
Department-approved curriculum given to private security providers that includes,
but is not limited to, the demonstration of task-related skills learned in the classroom
instruction as applied to hypothetical situations.
(7) "Board" means the Board
on Public Safety Standards and Training.
(8) "Certification" means
recognition by the Department that a private security professional meets all the
qualifications listed in ORS 181.875 and these rules.
(9) “Consideration”
means something of value promised, given or done that has the effect of making an
agreement to provide private security services.
(10) "De Minimis" means non-monetary
compensation received by a volunteer performing private security services for a
non-profit organization as defined in ORS 181.871. The compensation may not exceed
a fair market value of $125 per day.
(11) “Denial”
or "Deny" means the Department’s refusal to grant private security certification
or issue a license to an applicant who fails to meet the minimum standards for certification
or licensure as identified in OAR 259-060-0020, including the mandatory and discretionary
disqualifying misconduct identified in OAR 259-060-0300.
(12) "Department" and “DPSST”
means the Department of Public Safety Standards and Training.
(13) "Director" means the
Director of the Department of Public Safety Standards and Training.
(14) "Employer" means:
(a) An individual who employs
persons to provide private security services;
(b) An owner or owners of
a business or entity that provides private security services; or
(c) An owner or owners of
a business or entity who employs persons to provide private security services.
(15) "Executive Manager"
means a person:
(a) Who is authorized to
act on behalf of a company or business in matters of licensure and certification;
(b) Who is authorized to
hire and terminate personnel;
(c) Whose primary responsibility
is the management of certified private security professionals; and
(d) Who has final responsibility
for a company’s or business’s compliance with the ORS 181.870 to 181.991.
(16) “Flagrant Violation”
means an act by a provider, contractor, owner or manager who, after being notified
of a violation, intentionally continues or repeats the violation within a 36 month
period after the initial violation.
(17) “Fundamental”
means a duty that is a basic task or function and may be low frequency, but is an
essential component of a job.
(18) "Instructor" means any
person who has been certified by the Department as meeting the requirements to provide
instruction to private security providers or applicants.
(19) "License" means recognition
by the Department that executive manager or supervisory manager meets the requirements
listed in ORS 181.875 and these rules.
(20) "Policy Committee" means
the Private Security and Investigator Policy Committee.
(21) "Primary Responsibility"
means an activity that is fundamental to, and required or expected in, the regular
course of employment and is not merely incidental to employment.
(22) “Private”
as used in the Act means those activities intended for or restricted to the use
of a particular person, group or interest, or belonging to or concerning an individual
person, company or interest.
(23) "Private Security Professional"
means an individual who performs, as the individual's primary responsibility, private
security services for consideration, regardless of whether the individual, while
performing private security services, is armed or unarmed or wears a uniform or
plain clothes, and regardless of whether the individual is employed part-time or
full-time to perform private security services. A private security professional
is not authorized to independently contract with businesses or entities to provide
services as a private security professional.
(24) "Private Security Provider"
means any individual who performs the functions of a private security professional,
executive manager, supervisory manager or instructor.
(25) "Private Security Services"
means the performance of at least one of the following activities:
(a) Observing and reporting
unlawful activity;
(b) Preventing or detecting
theft or misappropriation of any goods, money or other items of value;
(c) Protecting individuals
or property, including, but not limited to proprietary information, from harm or
misappropriation;
(d) Controlling access to
premises being protected or, with respect to a licensee of the Oregon Liquor Control
Commission, controlling access to premises at an entry to the premises or any portion
of the premises where minors are prohibited;
(e) Securely moving prisoners;
(f) Taking enforcement action
by detaining persons or placing persons under arrest under ORS 133.225; or
(g) Providing canine services
for guarding premises or for the detection of unlawful devices or substances.
(26) “Private Security
Services Providers Act” or “The Act” means the Private Security
Providers Act (ORS Chapter 181.870 through 181.991).
(27) “Revocation”
or "Revoke" means action taken by the Department to rescind the certification or
licensure of a private security provider who fails to meet the minimum standards
for certification or licensure as identified in OAR 259-060-0020, including the
mandatory and discretionary disqualifying misconduct identified in OAR 259-060-0300.
(28) "Supervisory Manager"
means an employee of or a person supervised by an executive manager who has as a
primary responsibility the supervision of certified private security professionals.
A supervisory manager is not authorized to independently contract with businesses
or entities to provide services as a supervisory manager.
(29) “Surrender”
means the voluntary relinquishment of private security certification or licensure
to the Department.
(30) “Suspension”
or "Suspend" means action taken by the Department in temporarily depriving the holder
of a license or certificate that authorizes the individual to provide private security
services.
(31) "Temporary Work Permit"
means a temporary certification or licensure issued by an employing, licensed manager
to allow a company to employ and deploy a private security professional, executive
or supervisory manager while the application for certification or licensure is being
processed. A temporary work permit will not be issued for armed security professionals.
(32) “Unarmed Private
Security Professional” means a private security professional who is not in
possession of, or has access to, a firearm at any time while performing private
security services.
(33) “Violation”
means an act or omission that is prohibited under the Act or these rules.
(34) “Withdraw”
means action taken by the applicant or private security provider to remove an application
from consideration.
Stat. Auth.: ORS 181.870 & 181.878
Stats. Implemented: ORS 181.870
& 181.878
Hist.: PS 9-1997, f. &
cert. ef. 8-20-97; 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 3-1999(Temp), f. & cert. ef.
3-9-99 thru 9-5-99; BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99; BPSST 3-2000, f.
& cert. ef. 8-10-00; BPSST 8-2001(Temp), f. & cert. ef. 8-22-01 thru 2-18-02;
BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru 2-18-02; BPSST 4-2002(Temp),
f. & cert. ef. 2-25-02 thru 7-1-02; BPSST 13-2002, f. & cert. ef. 4-30-02;
DPSST 4-2003, f. & cert. ef. 1-22-03; DPSST 11-2005, f. & cert. ef. 10-14-05;
DPSST 6-2006, f. & cert. ef. 5-15-06; DPSST 4-2007, f. & cert. ef. 2-15-07;
DPSST 11-2007, f. & cert. ef. 10-15-07; DPSST 6-2008, f. & cert. ef. 4-15-08;
DPSST 25-2012, f. 10-26-12, cert. ef. 11-1-12; DPSST 28-2012, f. & cert. ef.
12-24-12; DPSST 12-2013, f. & cert. ef. 6-24-13; DPSST 3-2015, f & cert.
ef. 1-5-15; DPSST 8-2015, f. & cert. ef. 3-24-15; DPSST 9-2015(Temp), f. &
cert. ef. 5-19-15 thru 11-14-15; Administrative correction, 11-20-15
259-060-0015
Private Security Provider Responsibilities
(1) A person may not act as a private
security provider unless that person is certified or licensed under the Private
Security Services Providers Act and these rules.
(2)(a) Persons described
in ORS 181.871 are exempt from regulation as private security providers.
(b) The exemption found in
ORS 181.871(L) does not apply to an individual who has the primary responsibility
of controlling access to premises at an entry to the premises or any portion of
the premises where minors are prohibited.
(3) Private security providers
are prohibited from:
(a) Providing private security
services as a private security professional without having a certificate or license
issued under the Act and these rules in the person's possession;
(b) Carrying a concealed
weapon while providing security services unless currently certified as an armed
private security professional and licensed under ORS 166.291; and
(c) Providing training to
private security professionals or applicants unless currently certified as an instructor.
(4) For purposes of these
administrative rules, these prohibitions apply to any business, employer, or entity
that provides private security services within this state regardless of whether
the business, employer, or entity is located in this state.
(5) Change of Information.
(a) An applicant or private
security provider must notify the Department within 14 calendar days of any change
of address by using Form PS-23 (Private Security Services Provider Change of Information).
(b) Executive managers must
advise the Department of the hiring or terminations of private security providers
using the Form PS-23.
(6) Notification of Arrest.
Pursuant to ORS 181.885, any private security provider or applicant who is charged
with a crime must notify his or her employer or, if not employed, the Department
no later than 48 hours after the charge is filed.
(a) The initial notification
may be made by telephone or with a Recent Arrest Form.
(b) The Department may request
immediate written notification documenting specific charges, the county and state
where any charges are pending, the investigating agency, and the date of arrest.
(7) Should any certified
armed private security provider become ineligible to purchase, own or possess a
firearm, the provider and the manager, employer or supervisor of the provider must
notify the Department in writing within 48 hours of the circumstances causing the
ineligibility. The notification must list all facts known and must identify a person
whom the Department may contact for additional information.
Stat. Auth.: ORS 181.873, 181.871 &
181.878
Stats. Implemented: ORS 181.873,
181.871 & 181.878
Hist.: PS 9-1997, f. &
cert. ef. 8-20-97; 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 3-1999(Temp), f. & cert. ef.
3-9-99 thru 9-5-99; BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99; BPSST 3-2000, f.
& cert. ef. 8-10-00; BPSST 8-2001(Temp), f. & cert. ef. 8-22-01 thru 2-18-02;
BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru 2-18-02; BPSST 4-2002(Temp),
f. & cert. ef. 2-25-02 thru 7-1-02; BPSST 13-2002, f. & cert. ef. 4-30-02;
DPSST 4-2003, f. & cert. ef. 1-22-03; DPSST 11-2005, f. & cert. ef. 10-14-05;
DPSST 6-2006, f. & cert. ef. 5-15-06; DPSST 9-2012, f. & cert. ef. 4-2-12;
DPSST 25-2012, f. 10-26-12, cert. ef. 11-1-12; DPSST 28-2012, f. & cert. ef.
12-24-12; DPSST 12-2013, f. & cert. ef. 6-24-13; DPSST 9-2015(Temp), f. &
cert. ef. 5-19-15 thru 11-14-15; Administrative correction, 11-20-15
259-060-0020
Minimum Standards for Certification
or Licensure
(1) Age. Private security providers
must be:
(a) At least 18 years of
age to be certified as an unarmed private security professional or licensed supervisory
manager; and
(b) At least 21 years of
age to be certified as an armed private security professional or instructor or be
licensed as an executive manager.
(2) Education.
(a) Applicants for certification
or licensure must have earned one of the following:
(A) A high school diploma;
(B) A General Education Development
(GED) certificate; or
(C) A two-year or four-year,
post-secondary degree issued by an accredited degree-granting college or university
recognized by the Oregon Office of Degree Authorization under the provision of ORS
348.594(2).
(b) The Department may require
documentary evidence of the above. Acceptable evidence consists of official transcripts,
diplomas, or GED test report forms. Other documentation may be accepted at the discretion
of the Department.
(c) The requirement found
in subsection (2)(a) applies only to individuals submitting an application for new
certification or licensure as described in OAR 259-060-0025 on or after November
1, 2012.
(3) Training. An applicant
for certification or licensing must satisfactorily complete the applicable training
requirements prescribed by these rules.
(4) Moral Fitness. All private
security providers must be of good moral fitness as determined by a criminal background
check, department investigation or other reliable sources.
(a) Lack of good moral fitness
includes, but is not limited to, mandatory and discretionary disqualifying misconduct
as described in OAR 259-060-0300.
(b) For the purposes of this
standard, the Department, through the Policy Committee and the Board, has defined
core values that are integral to the private security profession. These values are:
(A) Honesty. Honesty includes
integrity, credibility, acting honorably and maintaining confidences;
(B) Character. Good character
includes being respectful and courteous, being faithful, diligent and loyal to the
employer’s charge, using discretion, demonstrating compassion and exhibiting
courage;
(C) Fair Treatment of Others.
Fair treatment of others includes treating others equitably, demonstrating good
judgment and not being discriminatory;
(D) Public Trust. Public
trust includes maintaining public confidences, being law-abiding and adhering to
recognized industry standards; and
(E) Respect for the laws
of this state and nation.
(5) Minimum Standards for
Armed Certification.
(a) An applicant for certification
as an armed private security professional or firearms instructor must not:
(b) Have been committed to
the Mental Health and Development Disability Services Division under ORS 426.130,
or similar order in another jurisdiction;
(c) Have been found to be
mentally ill and subject to an order under ORS 426.130 prohibiting the person from
purchasing or possessing a firearm as a result of that mental illness;
(d) Be prohibited under US
Code Title 18, Section 922(g)(8) (relating to civil restraining orders including
stalking or harassment) from possessing a firearm in interstate commerce; or
(e) Be prohibited under any
law of this state or any federal law from purchasing, owning or possessing a firearm.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 181.875,
181.878 & 181.883
Stats. Implemented: ORS 181.875
& 181.878
Hist.: PS 9-1997, f. &
cert. ef. 8-20-97; 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 3-1999(Temp), f. & cert. ef.
3-9-99 thru 9-5-99; BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99; BPSST 3-2000, f.
& cert. ef. 8-10-00; BPSST 8-2001(Temp), f. & cert. ef. 8-22-01 thru 2-18-02;
BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru 2-18-02; BPSST 4-2002(Temp),
f. & cert. ef. 2-25-02 thru 7-1-02; BPSST 13-2002, f. & cert. ef. 4-30-02;
DPSST 10-2003(Temp), f. & cert. ef. 6-16-03 thru 12-1-03; DPSST 12-2003, f.
& cert. ef. 7-24-03; DPSST 6-2004, f. & cert. ef. 4-23-04; DPSST 9-2005,
f. & cert. ef. 10-14-05; DPSST 6-2006, f. & cert. ef. 5-15-06; DPSST 19-2008,
f. & cert. ef. 10-15-08; DPSST 25-2012, f. 10-26-12, cert. ef. 11-1-12; DPSST
12-2013, f. & cert. ef. 6-24-13; DPSST 20-2013, f. & cert. ef. 9-23-13;
DPSST 14-2015, f. & cert. ef. 6-23-15
259-060-0025
Application
for Certification and Licensure
(1) An applicant must meet all minimum
standards for the certification or license being applied for as described in OAR
259-060-0020.
(2) Application Packet and
Fees.
(a) The application packet
for new certification or licensure as a private security provider must be completed
in its entirety and must include:
(A) A completed Form PS-1
(Application for Licensure or Certification of Private Security Services Provider);
(B) A completed fingerprint
packet. A fingerprint packet must include a pre-printed FBI fingerprint card and
a Form PS-4 (Affidavit of Person Rolling Fingerprints) completed by the person rolling
or scanning the fingerprints. The card and form must be enclosed in a tamper-proof
bag and sealed by the person who rolled the fingerprints before the packet is returned
to the applicant. The Department will supply pre-printed FBI fingerprint cards and
tamper-proof bags.
(i) The Department will only
accept fingerprint cards correctly rolled and completed by private security or public
safety personnel trained to roll fingerprints, or a person who is employed and trained
by a private business that provides fingerprinting services.
(ii) If a fingerprint card
is rejected twice by the Federal Bureau of Investigation, the applicant will be
charged a fee for a third submittal of fingerprint cards.
(C) The original Form PS-6
(Affidavit of Instructor and Private Security Provider Testing Results) completed
as prescribed by OAR 259-060-0060, documenting completion of the training required
in these rules. Applicants enrolled in an accredited private security program at
the time of application will submit the Form PS-6 upon completion of the program.
(D) A completed Form PS-7
(Private Security Instructor Evaluation) (optional);
(E) If currently employed,
an original, completed Form PS-20 (Private Security Services Provider Temporary
Work Permit). Temporary Work Permits will not be issued to armed private security
professionals or private security instructors;
(F) A completed Form PS-27
(Private Security Professional Code of Ethics) affirming moral fitness and professional
standards;
(G) All applicants for instructor
certification must submit a resume demonstrating they meet the instructor prerequisites
as described in OAR 259-060-0135; and
(H) Nonrefundable certification
or licensure fees as prescribed by OAR 259-060-0500.
(b) The application packet
for renewing certification or licensure as a private security provider must be completed
in its entirety and must include:
(A) A completed Form PS-21
(Application for Renewal of Private Security Certification/Licensure);
(B) A completed Form PS-27
affirming moral fitness and professional standards;
(C) The original Form PS-6
completed as prescribed by OAR 259-060-0060, documenting completion of the training
required in these rules. Applicants enrolled in an accredited private security program
at the time of application will submit the Form PS-6 upon completion of the program.
(D) All applicants for renewal
of instructor certification must submit a Form PS-8 (Private Security Instructor
Continuing Education), including proof of at least eight hours of continuing education
taken within the last certification period. Proof can be in the form of a grade
or certificate, minutes, a roster, or receipt of course payment;
(E) A Form PS-20 if currently
employed and submitting the renewal packet less than 30 days prior to the expiration
of certification or licensure; and
(F) Nonrefundable renewal
certification or licensure fees as prescribed by OAR 259-060-0500;
(c) The application packet
for adding certification or licensure as a private security provider must be completed
in its entirety and must include:
(A) A completed Form PS-1;
(B) The original Form PS-6
completed as prescribed by OAR 259-060-0060, documenting completion of the training
required in these rules. Applicants enrolled in an accredited private security program
at the time of application will submit the Form PS-6 upon completion of the program.
(C) If currently employed,
an original, completed Form PS-20. Temporary Work Permits will not be issued to
armed private security professionals or private security instructors;
(D) A completed Form PS-27
affirming moral fitness and professional standards;
(E) Nonrefundable certification
or licensure fees as prescribed by OAR 259-060-0500;
(F) Individuals applying
to add private security instructor certification must submit a resume demonstrating
they meet the instructor prerequisites as described in OAR 259-060-0135.
(G) Individuals currently
certified as an unarmed private security provider applying to add armed private
security certification must carry a copy of the Form PS-6 and the Form PS-23 (Change
of Information) while performing private security services until a new certificate
is received.
(d) The application packet
for upgrading from unarmed private security professional to an armed private security
professional must be completed in its entirety and must include:
(A) A completed Form PS-1;
(B) The original Form PS-6
completed as prescribed by OAR 259-060-0060, documenting completion of the training
required in these rules. Applicants enrolled in an accredited private security program
at the time of application will submit the Form PS-6 upon completion of the program;
(C) A completed Form PS-27
affirming moral fitness and professional standards; and
(D) Nonrefundable certification
or licensure fees as prescribed by OAR 259-060-0500;
(E) Individuals currently
certified as an unarmed private security provider applying to upgrade to armed private
security certification must carry a copy of the Form PS-6 and the Form PS-23 (Change
of Information) while performing private security services until a new certificate
is received.
(3) Timelines.
(a) A completed application
packet must be mailed to the Department and postmarked prior to the applicant performing
any private security services.
(b) Renewal application documents
must be received by the Department within 180 days prior to the expiration date
of the certification or licensure to allow for processing of the forms and criminal
history check.
(c) A late submission penalty
will be assessed as prescribed in OAR 259-060-0500 if reapplying after the expiration
date of the certification or licensure.
(d) Applicants renewing their
certification or licensure more than four years after the expiration date of the
certification or licensure must submit a new application packet in accordance with
subsection (2)(a) of this rule.
(4) The Department may administratively
terminate the application process if the Department is unable to complete the certification
process due to non-response or non-compliance, or upon the discovery of disqualifying
criminal convictions or any violation of the temporary work permit provisions, the
Act or these rules.
(a) Once the application
process has been administratively terminated, the applicant may not perform private
security services.
(b) To re-apply, applicants
will be required to re-submit an application packet with all deficiencies corrected,
including new fees and proof of valid training.
(5) A Notice of Deficiency
will be issued to an applicant whose application packet is determined by the Department
to be incomplete or insufficient. If the deficiency is not corrected within 21 days
of the date of the Notice of Deficiency, the application process will be administratively
terminated.
(6) Any exception to the
application process found in this rule must be approved by the Department.
[ED. NOTE: Forms referenced are available
from the agency.]
Stat. Auth.: ORS 181.873
- 181.878 & 181.883 - 181.885
Stats. Implemented: ORS 181.873
- 181.878 & 181.883 - 181.885
Hist.: DPSST 25-2012, f.
10-26-12, cert. ef. 11-1-12; DPSST 12-2013, f. & cert. ef. 6-24-13; DPSST 26-2014,
f. & cert. ef. 10-1-14
259-060-0030
Temporary Assignments
(1) Temporary Work Permits. Employing,
licensed managers may issue Temporary Work Permits to private security providers
upon verification that all application requirements have been completed.
(a) Temporary work permits
must be requested on a Form PS-20 (Temporary Work Permit). The Form PS-20 is a three-page
document which requires an original signature on all three pages.
(A) The appropriate portion
of the Form PS-20 must be mailed to the Department and must be postmarked on or
before the first day the applicant performs private security services.
(B) The appropriate copy
of the Form PS-20 must be retained by the employer and employee and kept on his
person at all times while providing security services in the state of Oregon or
while on duty.
(C) The employee’s
copy must be presented to any DPSST staff member, law enforcement officer or Oregon
Liquor Control Commission agent upon demand or any other person upon reasonable
request.
(b) Temporary Work Permits
may be held for up to 120 days.
(c) Employing, licensed managers
may only issue one Temporary Work Permit per employee. Upon expiration of a Temporary
Work Permit, subsequent Temporary Work Permits may be issued by contacting the Department
and receiving approval.
(d) An employing, licensed
manager may replace a Temporary Work Permit that has been lost or destroyed.
(e) Temporary work permits
may not be issued to armed private security professionals or instructors.
(f) Managers may self-issue
a temporary work permit upon completion of all application requirements.
(g) The Department may, upon
written notice, administratively terminate a Temporary Work Permit for the following
reasons:
(A) The Department has reason
to believe that a person with the applicant’s name and birth date fails to
meet the minimum moral fitness standards as described in OAR 259-060-0020 and 259-060-0300;
(B) An application is incomplete
or the Department has been unable to verify application information to its satisfaction
due to non-response or non-compliance of the applicant; or
(C) The holder of the Temporary
Work Permit has violated any provisions of the Temporary Work Permit, the Act or
these administrative rules.
(h) Upon notification from
the Department that the Temporary Work Permit has been administratively terminated,
the applicant may not perform private security services.
(i) A new application packet,
including all required fees and proof of valid training, must be submitted as prescribed
in OAR 259-060-0025 prior to the issuance of a new Temporary Work Permit.
(2) Reciprocity.
(a) As prescribed by ORS
181.873(2), an employing, licensed executive manager may temporarily assign a person
who is not certified as a private security professional in the state of Oregon to
perform private security services in this state for a period of time not to exceed
90 days if:
(A) The person is employed
in another state;
(B) The person holds a private
security professional’s certification or license from another state; and
(C) The certification or
licensing standards of the other state meet or exceed the standards of this state.
(b) Reciprocity must be requested
on a Form PS-9 (Private Security Waiver for Reciprocity.) The Form PS-9 is a triplicate
form.
(A) The appropriate portion
of the Form PS-9 must be mailed to the Department and must be postmarked on or before
the first day the applicant performs private security services.
(B) The appropriate copy
of the Form PS-9 must be retained by the employer and employee and kept on his person
at all times while providing security services in the state of Oregon or while on
duty.
(C) The employee’s
copy must be presented to any DPSST staff member, law enforcement officer or Oregon
Liquor Control Commission agent upon demand or any other person upon reasonable
request.
(c) Only one Form PS-9 will
be authorized per private security provider in a 24-month period. Additional Form
PS-9’s may be issued by contacting the Department and receiving approval prior
to the issuance of the PS-9.
Stat. Auth.: ORS 181.873 - 181.878 &
181.883 - 181.885
Stats. Implemented: ORS 181.873
- 181.878 & 181.883 - 181.885
Hist.: DPSST 25-2012, f.
10-26-12, cert. ef. 11-1-12; DPSST 12-2013, f. & cert. ef. 6-24-13
259-060-0060
Minimum Standards
for Training
(1) All private security courses and
examinations will be based upon a curriculum approved by the Board.
(2) All required training
and testing must be conducted by a certified private security instructor as defined
in OAR 259-060-0010 or by a Department designee.
(3) All required firearms
courses must be administered by a certified private security firearms instructor.
(4) Only the Department or
a designee will deliver instructor courses, firearms private security instructor
courses and manager courses.
(5) All training must be
delivered in English and assessments and written exams must be completed in English,
without assistance.
(6) The Department website
will provide names of instructors who have requested on a Department-approved form
that their names be available to applicants.
(7) Only a certified private
security instructor delivering the training on-site may sign a Form PS-6 (Affidavit
of Instructor and Private Security Provider Testing Results).
(8) It is the responsibility
of the applicant or private security provider to submit the original Form PS-6 to
the Department upon completion of courses as specified in these rules. The Form
PS-6 must be signed by the certified instructor who administered the course.
(9) To satisfy the training
requirements for private security certification or licensure, training must be submitted
to the Department within 180 days of the training being completed.
(10) Private Security Course
Descriptions.
(a) Basic Classroom Instruction.
Basic classroom consists of live classroom instruction which may include use of
a subject matter expert, audio and visual instruction. Instructors must provide
individuals with a manual of the basic curriculum. Applicants must complete a closed-book
written examination.
(b) Assessments. Assessments
are hands-on, practical exercises given to private security professionals that will
reinforce the knowledge and techniques presented during classroom instruction. Assessments
consist of evaluations and include, but are not limited to, scenarios requiring
application of task-related skills learned in the basic classroom instruction.
(c) Basic Firearms Course.
Basic Firearms course must include:
(A) A minimum of 24 hours
of instruction and an open-book written examination covering firearms instruction
materials;
(B) A safe gun handling test;
and
(C) A marksmanship qualification
using firearms qualification standards and targets.
(d) Instructor Course. The
instructor course teaches curriculum, instructing techniques, and Department policies
and procedures. The course includes classroom instruction, assessments and a written
examination. Instructor applicants must use a Board-approved manual to review the
course in a self-study environment; and
(e) Firearms Private Security
Instructor Course. The firearms private security instructor course teaches armed
professional curriculum instruction, instructing techniques, practical application
and Department policies and procedures. The course includes classroom instruction,
marksmanship qualification, safe handgun handling and a written examination. Instructor
applicants must use a Board-approved manual to review the course in a self-study
environment.
(f) Manager Course. The manager
course trains on Department policies and procedures. The course includes classroom
instruction, assessments and a written examination.
(11) Private Security Certification
and Licensure Maintenance Course Descriptions.
(a) Annual Firearms Marksmanship
Requalification and Refresher Course includes an annual firearms marksmanship requalification
and the annual armed 4-hour classroom refresher course and closed-book written examination.
(b) Biennial Renewal Training
includes a four-hour biennial renewal course related to the current level of certification
and in accordance with OAR 259-060-0120, 259-060-0130, and 259-060-0135.
(c) Annual Firearms Instructor
Marksmanship Qualification includes an annual firearms marksmanship requalification.
(12) Applicants must achieve
a score of 100 percent on all examinations and assessments with remediation in accordance
with OAR 259-060-0135(9).
(13) All private security
providers who have previously been certified or licensed by the Department as a
private security provider whose certification or licensure has been expired for
over four years from must reapply and complete all required training again in accordance
with OAR 259-060-0025(2)(a).
[ED. NOTE: Forms referenced are available
from the agency.]
Stat. Auth.: ORS 181.878
& 181.883
Stats. Implemented: ORS 181.878
Hist.: PS 9-1997, f. &
cert. ef. 8-20-97; 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 3-1999(Temp), f. & cert. ef.
3-9-99 thru 9-5-99; BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99; BPSST 3-2000, f.
& cert. ef. 8-10-00; BPSST 8-2001(Temp), f. & cert. ef. 8-22-01 thru 2-18-02;
BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru 2-18-02; BPSST 4-2002(Temp),
f. & cert. ef. 2-25-02 thru 7-1-02; BPSST 13-2002, f. & cert. ef. 4-30-02;
DPSST 6-2006, f. & cert. ef. 5-15-06; DPSST 4-2007, f. & cert. ef. 2-15-07;
DPSST 6-2008, f. & cert. ef. 4-15-08; DPSST 25-2012, f. 10-26-12, cert. ef.
11-1-12; DPSST 12-2013, f. & cert. ef. 6-24-13; DPSST 8-2015, f. & cert.
ef. 3-24-15
259-060-0090
Challenge
of Alarm Monitor Classroom Instruction and Assessment Module
(1) At the discretion of the Department,
an applicant for alarm monitor supervisory manager licensure, alarm monitor executive
manager licensure, or alarm monitor instructor certification employed outside the
state of Oregon may challenge the basic classroom instruction training requirement
described in these rules if the person has three or more years experience in the
field of alarm monitoring.
(a) The applicant will only
be given one opportunity to challenge the basic classroom instruction course by
successfully completing the required written examination administered by the Department
or designee in accordance with these rules.
(b) Failure to obtain a passing
score on the challenged examination will require attendance at a basic classroom
instruction course and successful completion of the examination.
(2) The Department may waive
the assessment module training requirement for alarm monitor instructor certification
for applicants with three or more years experience instructing in the field of alarm
monitoring.
Stat. Auth.: ORS 181.878 & 181.883
Stats. Implemented: ORS 181.878
& 181.883
Hist.: PS 9-1997, f. &
cert. ef. 8-20-97; 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 3-1999(Temp), f. & cert. ef.
3-9-99 thru 9-5-99; BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99; BPSST 3-2000, f.
& cert. ef. 8-10-00; BPSST 8-2001(Temp), f. & cert. ef. 8-22-01 thru 2-18-02;
BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru 2-18-02; BPSST 4-2002(Temp),
f. & cert. ef. 2-25-02 thru 7-1-02; BPSST 13-2002, f. & cert. ef. 4-30-02;
DPSST 6-2006, f. & cert. ef. 5-15-06; DPSST 11-2007, f. & cert. ef. 10-15-07;
DPSST 25-2012, f. 10-26-12, cert. ef. 11-1-12; DPSST 12-2013, f. & cert. ef.
6-24-13
259-060-0092
Accreditation
of Private Security Training Programs
(1) An employer
seeking accreditation of training programs pursuant to ORS 181.878(3) must submit:
(a) A completed
application on a form approved by the Department;
(b) A course
syllabus with an hour- breakdown of the course outline and training schedule;
(c) A complete
copy of the course curriculum; and
(d) Any required
fees.
(2) Applications
for accreditation that are determined by the Department to be incomplete or insufficient
will be returned to the designated accreditation program manager and executive manager
with a Notice of Deficiency.
(a) The provider
must correct deficiencies and resubmit all required information in accordance with
subsection (1) of this rule to reapply.
(b) If the
deficiency is not corrected within 21 days of the date of the Notice of Deficiency,
the request for accreditation will be administratively terminated.
(3) Upon
approval of an application, a written accreditation agreement will be prepared.
This agreement will not be valid until signed by the Department, the security service
provider’s executive manager, and the designated accreditation program manager
who is responsible for the administration of the accredited program.
(4) The accreditation
agreement must be renewed every two years in accordance with subsection (1) of this
rule.
(5) Certified
private security instructors must administer the delivery and instruction of the
accredited curriculum in accordance with OAR 259-060-0135.
(6) The Department
may conduct periodic reviews of an accredited program at its discretion or upon
constituent request.
(a) The review
may consist of physical audits, written questionnaires, and the monitoring of training
and testing processes during the delivery of accredited portions of a training program.
(b) During
a review, the Department will, within a reasonable amount of time, be given access
to personnel training records to verify training received under an accredited program.
(7) An accreditation
agreement may be terminated for any of the following reasons:
(a) Any violation
of the Act or these administrative rules;
(b) Failure
to comply with the terms of the accreditation agreement; or
(c) At the
discretion of the Department or the service provider with 14 days written notice.
(8) The executive
manager, on behalf of the private security company, business or entity, will have
the right to appeal a proposed termination of an accreditation agreement. The appeal
must be in writing and addressed to the Department.
(9) The Department
may work with the company, business or entity to correct any violation and continue
the accreditation agreement upon a finding of good cause.
(10) Individuals
or private security companies, businesses or entities that use another company’s,
business’s or entity’s accredited training program must also enter into
an accreditation agreement with the Department before using the accredited program.
Stat. Auth.: ORS
181.878 & 181.883

Stats. Implemented:
ORS 181.878 & 181.883

Hist.: DPSST
4-2007, f. & cert. ef. 2-15-07; DPSST 25-2012, f. 10-26-12, cert. ef. 11-1-12
259-060-0120
Private Security Professional Certification
and Responsibilities
(1) All private security professional
applicants must complete an application in accordance with OAR 259-060-0025.
(2) All private security
professionals must be in compliance with the minimum standards for certification
as listed in OAR 259-060-0020.
(3) Alarm Monitor Private
Security Professional.
(a) A certified private security
alarm monitor professional is authorized to perform the duties defined in OAR 259-060-0010.
(b) Basic training consists
of successful completion of eight hours of alarm monitor basic classroom instruction
and exam and a four-hour alarm monitor assessment.
(c) Biennial alarm monitor
renewal training consists of a four-hour alarm monitor renewal course and exam.
(4) Unarmed Private Security
Professional.
(a) A certified unarmed private
security professional is authorized to perform the duties defined in OAR 259-060-0010.
(b) Basic training consists
of successful completion of 14 hours of unarmed basic classroom instruction, exam
and assessments.
(c) Biennial unarmed renewal
training consists of a four-hour unarmed renewal course and exam.
(5) Armed Private Security
Professional.
(a) A certified armed private
security professional is authorized to perform the duties defined in OAR 259-060-0010.
(b) In addition to the minimum
standards for unarmed certification, armed professionals must also be in compliance
with the firearms standards listed in OAR 259-060-0020.
(c) Basic training consists
of successful completion of:
(A) Fourteen hours of unarmed
basic classroom instruction, exam and assessments; and
(B) Basic firearms course
as defined in OAR 259-060-0060 which consists of a minimum 24 hours of basic armed
instruction, a written examination, safe gun handling test and marksmanship qualification.
(d) Armed annual refresher
course consists of a minimum of four hours including the armed refresher course
and exam and firearms marksmanship requalification.
(e) In addition to the annual
refresher course, armed private security professionals must complete an unarmed
renewal training biennially.
(f) Armed private security
professionals who fail to complete the armed annual refresher course must complete
the 24-hours of basic firearms instruction before reissuance of certification.
(6) Department-accredited
courses may satisfy the training requirements listed above.
(7) Failure to complete any
training requirements as prescribed by this rule may result in denial or revocation
of private security certification or licensure as prescribed in OAR 259-060-0300
and civil penalties as prescribed in OAR 259-060-0450.
[ED. NOTE: Forms referenced are available
from the agency.]
Stat. Auth.: ORS 181.873
- 181.878 & 181.883 - 181.885
Stats. Implemented: ORS 181.873
- 181.878 & 181.883 - 181.885
Hist.: PS 9-1997, f. &
cert. ef. 8-20-97; 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 3-1999(Temp), f. & cert. ef.
3-9-99 thru 9-5-99; BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99; BPSST 3-2000, f.
& cert. ef. 8-10-00; BPSST 8-2001(Temp), f. & cert. ef. 8-22-01 thru 2-18-02;
BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru 2-18-02; BPSST 4-2002(Temp),
f. & cert. ef. 2-25-02 thru 7-1-02; BPSST 13-2002, f. & cert. ef. 4-30-02;
DPSST 4-2003, f. & cert. ef. 1-22-03; DPSST 3-2005(Temp), f. 4-25-05, cert.
ef. 5-1-05 thru 10-28-05; DPSST 9-2005, f. & cert. ef. 10-14-05; DPSST 6-2006,
f. & cert. ef. 5-15-06; DPSST 4-2007, f. & cert. ef. 2-15-07; DPSST 6-2008,
f. & cert. ef. 4-15-08; DPSST 25-2012, f. 10-26-12, cert. ef. 11-1-12; DPSST
12-2013, f. & cert. ef. 6-24-13; DPSST 14-2014, f. & cert. ef. 6-24-14;
DPSST 8-2015, f. & cert. ef. 3-24-15
259-060-0130
Private Security Executive Manager
and Supervisory Manager Licensure and Responsibilities
(1) All private security executive or
supervisory manager applicants must complete an application in accordance with OAR
259-060-0025.
(2) All private security
executive or supervisory manager applicants must be in compliance with the minimum
standards for licensure as listed in OAR 259-060-0020.
(3) Private security executive
managers are responsible for ensuring compliance of all private security providers
employed by businesses or entities by which the executive manager is employed or
contracted. An executive manager is authorized to perform the duties defined in
OAR 259-060-0010.
(4) Private security supervisory
managers have the responsibility and authority of supervising persons providing
security services. A supervisory manager is authorized to perform the duties defined
in OAR 259-060-0010.
(5) Basic training for executive
and supervisory private security managers consists of successful completion of the
following:
(a) Eight-hour basic classroom
instruction and exam; and
(b) Manager course, exam
and assessments.
(6) Biennial renewal training
consists of the manager course, exam and assessments.
(7) Each business, employer
or entity with private security professional staff of at least one person must designate
an individual to perform the duties of an executive manager as described in these
rules. This provision applies to any business, employer or entity that provides
private security services within this state, regardless of whether the business,
employer or entity is located in or out of this state.
(a) An employer may obtain
licensure for more than one executive manager.
(b) In the event of a staff
change of executive managers or supervisory managers, the business, employer or
entity must select a replacement manager and immediately notify the Department of
the staff change on the Form PS-23 (Change of Information.)
(8) Employing, licensed managers
may issue temporary work permits to private security applicants upon verification
that all application requirements have been completed.
(9) An executive manager
is authorized to contract with businesses or entities to provide services as an
executive manager.
(a) An executive manager
is required to notify the Department in writing of the names, addresses and contact
information of each business or entity with which they contract within two days
of beginning the contract.
(b) An executive manager
must notify the Department within two days of the termination or completion of a
contract with a business or entity.
(c) For the purposes of this
rule, an executive manager who contracts with businesses or entities to provide
services as an executive manager is considered an employing, licensed manager.
(10) A licensed manager who
performs private security services must complete the full training required for
that classification and be certified.
(11) Failure to complete
any training requirements as prescribed by this rule may result in denial or revocation
of private security certification or licensure as prescribed in OAR 259-060-0300
and civil penalties as prescribed in OAR 259-060-0450.
[ED. NOTE: Forms referenced are available
from the agency.]
Stat. Auth.: ORS 181.878
Stats. Implemented: ORS 181.878
Hist.: PS 9-1997, f. &
cert. ef. 8-20-97; 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 3-1999(Temp), f. & cert. ef.
3-9-99 thru 9-5-99; BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99; BPSST 3-2000, f.
& cert. ef. 8-10-00; BPSST 8-2001(Temp), f. & cert. ef. 8-22-01 thru 2-18-02;
BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru 2-18-02; BPSST 4-2002(Temp),
f. & cert. ef. 2-25-02 thru 7-1-02; BPSST 13-2002, f. & cert. ef. 4-30-02;
DPSST 4-2003, f. & cert. ef. 1-22-03; DPSST 6-2006, f. & cert. ef. 5-15-06;
DPSST 6-2008, f. & cert. ef. 4-15-08; DPSST 25-2012, f. 10-26-12, cert. ef.
11-1-12; DPSST 3-2015, f & cert. ef. 1-5-15; DPSST 8-2015, f. & cert. ef.
3-24-15
259-060-0135
Private Security Instructor Certification
and Responsibilities
(1) The Department will certify instructors
deemed qualified to instruct any required private security professional training
courses.
(2) All private security
instructor applicants must complete an application in accordance with OAR 259-060-0025.
(3) All private security
instructor applicants must be in compliance with the minimum standards for certification
as listed in OAR 259-060-0020. In addition, applicants must:
(a) Have a minimum three
years of work experience in private security services, military police, or law enforcement
fields; and
(b) Applicants for certification
as a firearms private security instructor must be in compliance with the firearms
standards listed in OAR 259-060-0020.
(4) Private security instructors
are authorized to instruct and deliver private security professional courses based
on the approved or accredited private security professional course content and materials
provided by the Department.
(a) Private security instructors
must remediate or fail applicants as necessary.
(b) Private security instructors
must provide all applicants with appropriate printed training manuals for the applicant
to retain upon completion of the course.
(c) Only a certified private
security instructor delivering the training on-site may sign a Form PS-6 (Affidavit
of Instructor and Private Security Provider Testing Results).
(d) Certified private security
instructors are responsible for verifying the identity of all applicants using government-issued
identification.
(e) Only private security
firearms instructors are authorized to instruct and administer basic and renewal
firearms courses.
(f) All private security
instructors must instruct courses in a manner that is consistent with the minimum
requirements of the Department, including safety provisions. Training facilities
must be an environment conducive to learning.
(5) Alarm monitor private
security instructor.
(a) Basic training consists
of the successful completion of:
(A) Alarm monitor basic classroom
instruction and exam;
(B) Alarm monitor assessment;
and
(C) Alarm monitor private
security instructor course.
(b) Biennial alarm monitor
private security instructor renewal training consists of the successful completion
of:
(A) Alarm monitor private
security instructor course; and
(B) A minimum of eight hours
of coursework relating to any of the specific subjects being taught or a minimum
of eight hours of coursework relating to improving instructor skills. Coursework
must be submitted on a form PS-8 (Private Security Instructor Continuing Education),
including proof of at least eight hours of continuing education taken within the
last certification period. Proof can be in the form of a grade or certificate,
minutes, a roster, or receipt of course payment.
(6) Unarmed private security
instructor.
(a) Basic training consists
of the successful completion of:
(A) Unarmed basic classroom
instruction and exam;
(B) Unarmed assessments;
and
(C) Unarmed private security
instructor course and exam.
(b) Biennial unarmed private
security instructor renewal training consists of the successful completion of:
(A) Unarmed private security
instructor course and exam; and
(B) A minimum of eight hours
of coursework relating to any of the specific subjects being taught or a minimum
of eight hours of coursework relating to improving instructor skills. Coursework
must be submitted on a form PS-8 (Private Security Instructor Continuing Education),
including proof of at least eight hours of continuing education taken within the
last certification period. Proof can be in the form of a grade or certificate,
minutes, a roster, or receipt of course payment.
(7) Firearms Private Security
Instructor.
(a) Basic training consists
of the successful completion of:
(A) Basic unarmed classroom
instruction and exam;
(B) Basic unarmed assessments;
(C) Basic firearms course;
(D) Department-administered
firearms private security instructor course and Department-approved marksmanship
qualification; and
(E) Proof of successful completion
of training from one or more of the following sources no more than five years prior
to the time of application:
(i) The National Rifle Association
Law Enforcement Firearms Instructor Development School;
(ii) A firearms instructor
through the Federal Law Enforcement Training Center;
(iii) A Department-certified
law enforcement or criminal justice firearms instructor course;
(iv) A firearms instructor
through the Federal Bureau of Investigation;
(v) A private security firearms
instructor through the Washington Criminal Justice Training Center; or
(vi) A qualified instructor
certification course as determined by the Department.
(b) Firearms private security
instructors must successfully complete annual firearms instructor marksmanship qualifications.
Instructors must qualify on a target authorized by the Department, within three
attempts in one day.
(c) Biennial renewal consists
of:
(A) Successful completion
of the firearms private security instructor course, written exam, and marksmanship
qualifications; and
(B) A minimum of eight hours
of coursework relating to any of the specific subjects being taught or a minimum
of eight hours of coursework relating to improving instructor skills. Coursework
must be submitted on a form PS-8 (Private Security Instructor Continuing Education),
including proof of at least eight hours of continuing education taken within the
last certification period. Proof can be in the form of a grade or certificate,
minutes, a roster, or receipt of course payment.
(8) Certified private security
instructors who simultaneously hold certification as a private security professional
are exempt from the required private security professional renewal training if they
deliver the basic curriculum of the discipline for which they are certified at least
one time per year.
(9) Applicant Remediation/Failure.
When an applicant fails to successfully complete any portion of the required training
the instructor must remediate or fail the applicant as follows:
(a) If a test score is between
85 and 99 percent, the instructor must remediate the incorrect test responses by
reviewing each incorrect test question with the applicant, explaining the principle
behind the question, the correct answer, and the basis for the correct answer. The
instructor must assess whether oral responses from the applicant indicate that the
applicant understands the underlying principles. An inappropriate answer may result
in the termination of training and indication on the training affidavit that the
applicant has failed to successfully complete the required training.
(b) If a test score is below
85 percent correct, the instructor must fail the applicant or require the applicant
repeat the deficient section missed of the curriculum and retake the exam.
(c) The instructor may remediate
and re-test an applicant who fails to score 100% on the firearms marksmanship qualification
course. Re-qualification attempts are limited to three in a single session.
(d) An applicant who is unable
to successfully achieve a training standard must be failed. Any instructor who fails
an applicant must:
(A) Fully document the reason
for failure;
(B) Retain documentation
of failure in the instructor’s file for a minimum period of two years; and
(C) Notify the Department
within 48 hours of the failure by submitting a Form PS-6 indicating that an individual
has failed.
(10) Instructors may terminate
training if, in the instructor’s opinion, the applicant is unfit to proceed,
taking into consideration the applicant’s poor judgment, unsafe practices,
abnormal behavior or other relevant factors. The instructor must immediately notify
the applicant of the reason for termination of training and must also notify the
Department within 48 hours in writing, using a Form PS-6.
(11) Training Records.
(a) Instructors must maintain
the following documents in separate class files for a period of two years:
(A) A Form PS-6 (Affidavit
of Instructor and Private Security Provider Testing Results) for each applicant;
(B) All written exams, assessments
and any applicable qualification records;
(C) A training outline for
the curriculum used, including any references to any resources used; and
(D) A class roster, including
the name and address of each applicant.
(b) Upon successful completion
of all requirements, the instructor must provide the applicant the accurately-completed,
original Form PS-6. The instructor will also supply the applicant with a colored
carbon copy of the Form PS-6.
(c) Instructors will provide
additional copies of the Form PS-6 to applicants at any time during the life of
their training at reasonable expense to the applicant.
(12) Failure to complete
any training requirements as prescribed by this rule may result in denial or revocation
or private security certification or licensure as prescribed in OAR 259-060-0300
and civil penalties as prescribed in OAR 259-060-0450.
[ED. NOTE: Forms referenced are available
from the agency.]
Stat. Auth.: ORS 181.878
& 181.883
Stats. Implemented: ORS 181.878
Hist.: PS 9-1997, f. &
cert. ef. 8-20-97; 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 3-1999(Temp), f. & cert. ef.
3-9-99 thru 9-5-99; BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99; BPSST 3-2000, f.
& cert. ef. 8-10-00; BPSST 8-2001(Temp), f. & cert. ef. 8-22-01 thru 2-18-02;
BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru 2-18-02; BPSST 4-2002(Temp),
f. & cert. ef. 2-25-02 thru 7-1-02; BPSST 13-2002, f. & cert. ef. 4-30-02;
DPSST 11-2005, f. & cert. ef. 10-14-05; DPSST 6-2006, f. & cert. ef. 5-15-06;
DPSST 4-2007, f. & cert. ef. 2-15-07; DPSST 6-2008, f. & cert. ef. 4-15-08;
DPSST 25-2012, f. 10-26-12, cert. ef. 11-1-12; DPSST 12-2013, f. & cert. ef.
6-24-13; DPSST 26-2014, f. & cert. ef. 10-1-14; DPSST 8-2015, f. & cert.
ef. 3-24-15
259-060-0145
Crowd Management, Event or Guest
Services
(1) A person performing crowd management,
event or guest services who is armed, permitted to initiate confrontational activities,
hired with the primary responsibility of taking enforcement action as described
in ORS 181.870(8)(f), or performing any other private security service must be certified
or licensed as described in the Act and these rules.
(2) Crowd Management, Event
Services, or Guest Service managers, contractors or employers who employ individuals
to provide private security services must:
(a) Employ or contract with
a licensed executive manager;
(b) Require individuals performing
or expected to perform private security services obtain certification;
(c) Require all individuals
who supervise certified private security professionals or crowd management, event
or guest services staff to be licensed in accordance to OAR 259-060-0130;
(d) Provide one certified
private security professional on-site for every 10 or fewer crowd management or
event staff;
(e) Provide documentation
confirming private security certifications, licenses and appropriate staffing ratio
found in (1)(d) upon request; and
(f) Provide crowd management
staff technological communication or visibility of a certified private security
professional when action is needed as required in ORS 181.871.
(3) Pursuant to ORS 181.871,
non-certified and non-licensed staff performing crowd management can only be used
during a time when a crowd has assembled for the purpose of attending or taking
part in an organized event, including pre-event assembly, event operation hours
and post-event departure activities.
(4) Civil penalties may be
assessed for violation of these rules in accordance with OAR 259-060-0450.
Stat. Auth.: ORS 181.878
Stats. Implemented: ORS 181.878
Hist.: DPSST 25-2012, f.
10-26-12, cert. ef. 11-1-12; DPSST 8-2015, f. & cert. ef. 3-24-15; DPSST 9-2015(Temp),
f. & cert. ef. 5-19-15 thru 11-14-15; Administrative correction, 11-20-15
259-060-0300
Denial/Suspension/Revocation
(1) It is the responsibility of the
Board, through the Private Security and Investigator Policy Committee, to set the
standards, and of the Department to uphold them, to ensure the highest level of
professionalism and discipline. The Board will uphold these standards at all times
unless the Board determines that neither the safety of the public or respect of
the profession is compromised.
(2) Mandatory Grounds for
Denying, Suspending or Revoking Private Security Certification or Licensure. The
Department must deny or revoke a certification or license of any applicant or private
security provider after written notice and hearing, if requested, upon a finding
that the applicant or private security provider:
(a) Has been convicted of
a person felony as defined by the Criminal Justice Commission in OAR 213-003-0001
in effect on February 3, 2014 or any crime with similar elements in any other jurisdiction;
(b) Is required to register
as a sex offender under ORS 181.595, 181.596, 181.597 or 181.609; or
(c) Has, within a period
of ten years prior to application or during certification or licensure, been convicted
of the following:
(A) Any felony other than
those described in subsection (a) above or any crime with similar elements in any
other jurisdiction;
(B) A person class A misdemeanor
as defined by the Criminal Justice Commission in OAR 213-003-0001 in effect on February
3, 2014 or any crime with similar elements in any other jurisdiction;
(C) Any crime involving any
act of domestic violence as defined in ORS 135.230 or any crime with similar elements
in any other jurisdiction;
(D) Any misdemeanor or felony
conviction involving the unlawful use, possession, delivery or manufacture of a
controlled substance, narcotic, or dangerous drug in this or any other jurisdiction;
(E) Any misdemeanor arising
from conduct while on duty as a private security provider; or
(F) Any of the following
misdemeanors:
161.405(2)(d) (Attempt to Commit a Class C
Felony or Unclassified Felony);
161.435(2)(d) (Solicitation of
a Class C Felony);
161.450(2)(d) (Conspiracy to Commit
a Class A misdemeanor);
162.075 (False Swearing);
162.085 (Unsworn Falsification);
162.145 (Escape III);
162.235 (Obstructing Governmental
or Judicial Administration);
162.247 (Interfering with a Peace
Officer);
162.295 (Tampering with Physical
Evidence);
162.335 (Compounding a Felony);
162.365 (Criminal Impersonation);
162.369 (Possession of a False
Law Enforcement Identification Card);
162.375 (Initiating a False Report);
162.385 (Giving False Information
to Police Officer for a Citation or Arrest on a Warrant);
162.415 (Official Misconduct I);
163.435 (Contributing to the Sexual
Delinquency of a Minor);
164.043 (Theft III);
164.045 (Theft II);
164.125 (Theft of Services);
164.140 (Criminal Possession of
Rented or Leased Personal Property);
164.235 (Possession of Burglar’s
Tools);
164.255 (Criminal Trespass I);
164.265 (Criminal Trespass while
in Possession of a Firearm);
164.335 (Reckless Burning);
164.354 (Criminal Mischief II);
164.369 (Interfering with Police
Animal);
164.377(4) (Computer Crime);
165.007 (Forgery II);
165.055(4)(a) (Fraudulent Use of
a Credit Card);
165.065 (Negotiating a Bad Check);
165.570 (Improper Use of Emergency
Reporting System);
166.116 (Interfering with Public
Transportation);
166.240 (Carrying of Concealed
Weapons);
166.250 (Unlawful Possession of
Firearms);
166.350 (Unlawful Possession of
Armor Piercing Ammunition);
166.425 (Unlawful Purchase of Firearm);
167.007 (Prostitution);
167.008 (Patronizing a Prostitute);
167.062 (Sadomasochistic Abuse
or Sexual Conduct in a Live Show);
167.075 (Exhibiting an Obscene
Performance to a Minor);
167.080 (Displaying Obscene Material
to Minors);
167.262 (Adult Using Minor in Commission
of Controlled Substance Offense);
167.320 (Animal Abuse I);
167.330 (Animal Neglect I);
471.410 (Providing Liquor to a
Person Under 21 or Intoxicated Person);
807.620 (Giving False Information
to a Police Officer/Traffic);
811.540(3)(b) (Fleeing or Attempting
to Elude Police Officer);
(G) Any crime with similar elements
in any other jurisdiction.
(3) Emergency Suspension
Order: The Department may issue an emergency suspension order pursuant to OAR 137-003-0560
immediately suspending a private security provider’s certification or licensure
upon finding that a person has been charged with any of the mandatory disqualifying
crimes listed in section (2) of this rule. The report may be in any form and from
any source.
(a) The Department may combine
the hearing on the Emergency Suspension Order with any underlying proceeding affecting
the license or certificate.
(b) The sole purpose of the
emergency suspension hearing will be to determine whether the individual was charged
with a mandatory disqualifying crime. Upon showing that an individual was not charged
with a mandatory disqualifying crime, the suspension of the individual’s certification
or licensure will be rescinded, otherwise the suspension will remain in effect until
final disposition of the charges.
(4) Discretionary Grounds
for Denying, Suspending or Revoking Private Security Certification or Licensure.
The Department may deny or revoke the certification or licensure of any applicant
or private security provider after written notice and hearing, if requested, upon
finding that an applicant or private security provider:
(a) Fails to meet the minimum
standards for certification or licensure as a private security provider as defined
in OAR 259-060-0020;
(b) Has falsified any information
submitted on the application for certification or licensure or any documents submitted
to the Department pertaining to private security certification or licensure;
(c) Has violated any of the
temporary assignment provisions of OAR 259-060-0120(1);
(d) Has failed to submit
properly completed forms or documentation in a time frame as designated by the Department;
(e) Has failed to pay a civil
penalty or fee imposed by the Department when due;
(f) Has failed to comply
with any provisions found in the Act or these rules; or
(g) Lacks moral fitness.
For the purposes of this standard, the Department, through the Policy Committee
and Board, has defined lack of moral fitness as:
(A) Dishonesty. Lack of honesty
includes, but is not limited to, untruthfulness, dishonesty by admission or omission,
deception, misrepresentation or falsification;
(B) Lack of Good Character.
Lack of good character includes, but is not limited to, failure to be faithful and
loyal to the employer’s charge and failure to use discretion and compassion;
(C) Mistreatment of Others.
Mistreatment of others includes, but is not limited to, violating another person’s
rights and failure to respect others;
(D) Lack of Public Trust.
Failure to maintain public trust and confidence includes, but is not limited to,
acting in an unlawful manner or not adhering to recognized industry standards; or
(E) Lack of Respect for the
Laws of this State or Nation. Lack of respect for the laws of this state and nation
includes a pattern of behavior which leads to three or more arrests or convictions
within a ten-year period prior to application or during certification or licensure.
(5) Scope of Revocation.
Whenever the Department revokes the certification or licensure of a private security
provider under the provisions of this rule, the revocation will encompass all private
security certificates and licenses the Department has issued to that person.
(6) Denial and Revocation
Procedure.
(a) Employer Request: When
the employer of the private security provider requests that certification or licensure
be denied or revoked, the employer must submit in writing to the Department the
reason for the requested action and include all factual information supporting the
request.
(b) Department Initiated
Request: Upon receipt of factual written information from any source other than
an employer, and pursuant to ORS 181.878, the Department may request that the Board
deny, revoke or suspend the private security provider’s certification or licensure.
(c) Department Staff Review:
When the Department receives information from any source that a private security
provider may not meet the established standards for Oregon private security providers,
the Department will review the request and the supporting factual information to
determine if a sufficient factual basis exists to support the request for denial,
suspension, or revocation of a private security license or certification under the
Act or these administrative rules. If the Department determines that a private security
provider may have engaged in discretionary disqualifying misconduct;
(A) The Department will seek
input from the affected private security provider by allowing the individual to
provide, in writing, information for review.
(B) The Department may take
action upon discovery of discretionary disqualifying misconduct when consensus is
reached that the nature of the discretionary disqualifying misconduct is appropriate
for summary staff disposition or administrative closure.
(C) If Department staff believes
that a private security provider may have engaged in discretionary disqualifying
misconduct, Department staff will review the conduct, including aggravating and
mitigating circumstances. If Department staff is unable to reach a consensus to
summarily dispose of or administratively close the case, the case will be presented
to the Board, through the Policy Committee.
(d) In making a decision
to authorize initiation of proceedings under subsection (e) of this rule based on
discretionary disqualifying misconduct, Department staff, the Policy Committee and
Board will consider mitigating and aggravating circumstances.
(e) Initiation of Proceedings:
Upon determination that a sufficient factual basis exists to support the request
for denial, suspension, or revocation of a private security license or certification
under the Act or these administrative rules, the Department will prepare and serve
a contested case notice on the private security provider.
(A) All contested case notices
will be prepared in accordance with the applicable provisions of the Attorney General's
Model Rules of Procedure adopted under OAR 259-005-0015.
(B) In discretionary cases
heard by a policy committee, the contested case notice will be served on the private
security provider prior to Board review. If the Board disapproves the Policy Committee’s
recommendation, the Department will withdraw the contested case notice.
(C) Applicants who choose
to withdraw their application forfeit their application fees.
(f) Response Time:
(A) A party who has been
served with an Emergency Suspension Order has 90 days from the date of mailing or
personal service of the Order in which to file a written request for hearing with
the Department.
(B) A party who has been
served with a Contested Case Notice of Intent to Deny Certification or Licensure
has 60 days from the date of mailing or personal service of the notice in which
to file a written request for hearing or a written request withdrawing their application
from consideration with the Department.
(C) A party who has been
served with a Contested Case Notice of Intent to Revoke Certification or Licensure
has 20 days from the date of the mailing or personal service of the notice in which
to file a written request for hearing with the Department.
(g) 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.
(h) Final Order:
(A) A final order will be
issued pursuant to the applicable provisions of the Attorney General’s Model
Rules of Procedure adopted under OAR 259-005-0015 if a private security provider
fails to file exceptions and arguments within 20 days of issuance of the proposed
order.
(B) Department-proposed amendments
to the proposed order in a case that was originally heard by a policy committee
must be considered and approved by the policy committee that originally reviewed
the case before a final order is issued.
(i) Stipulated Order Revoking
Certification or Licensure: The Department may enter a stipulated order revoking
certification or licensure of a private security provider upon the person’s
voluntary agreement to terminate an administrative proceeding to revoke a certification
or license, or to surrender a certification or license, under the terms and conditions
provided in the stipulated order.
(7) Appeal Procedure. Private
security applicants and providers aggrieved by the findings and Order of the Department
may file an appeal with the Court of Appeals from the Final Order of the Department,
as provided in ORS 183.480.
(8) Notwithstanding section
(9) of this rule, any private security applicant or provider whose certification
or licensure is denied or revoked will be ineligible to hold any private security
certification or licensure for a period of ten years from the date of the final
order issued by the Department.
(9) Reconsideration Process.
Any individual whose certification or license has been denied or revoked for discretionary
grounds may apply for reconsideration of the denial or revocation after a minimum
four-year ineligibility period from the date of the final order.
(a) All applicants for reconsideration
are required to submit a new application packet along with a Form PS- 30 Application
for Reconsideration. The applicant may provide any mitigating information for the
consideration of DPSST, Policy Committee, and Board.
(b) In reconsidering the
application of an applicant whose certification or licensure was previously denied
or revoked for discretionary grounds, DPSST, the Policy Committee and the Board
may consider mitigating and aggravating circumstances.
(c) The Board’s decision
to deny an application for reconsideration will be subject to the contested case
procedure described under subsection (6) of this rule.
(d) If an application for
reconsideration is denied, the original ineligibility date remains in effect as
described in subsection (8) of this rule.
Stat. Auth.: ORS 181.878, 181.882 &
181.885
Stats. Implemented: ORS 181.878
& 181.885
Hist.: PS 9-1997, f. &
cert. ef. 8-20-97; 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 3-1999(Temp), f. & cert. ef.
3-9-99 thru 9-5-99; BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99; BPSST 3-2000, f.
& cert. ef. 8-10-00; BPSST 8-2001(Temp), f. & cert. ef. 8-22-01 thru 2-18-02;
BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru 2-18-02; BPSST 4-2002(Temp),
f. & cert. ef. 2-25-02 thru 7-1-02; BPSST 13-2002, f. & cert. ef. 4-30-02;
DPSST 4-2003, f. & cert. ef. 1-22-03; DPSST 10-2003(Temp), f. & cert. ef.
6-16-03 thru 12-1-03; DPSST 12-2003, f. & cert. ef. 7-24-03; DPSST 6-2004, f.
& cert. ef. 4-23-04; DPSST 5-2005(Temp), f. & cert. ef. 8-3-05 thru 1-1-06;
DPSST 10-2005, f. & cert. ef. 10-14-05; DPSST 6-2006, f. & cert. ef. 5-15-06;
DPSST 25-2012, f. 10-26-12, cert. ef. 11-1-12; DPSST 12-2013, f. & cert. ef.
6-24-13; DPSST 3-2014, f. & cert. ef. 1-2-14; DPSST 4-2014, f. & cert. ef.
1-28-14; DPSST 8-2014(Temp), f. & cert. ef. 3-6-14 thru 8-1-14; DPSST 15-2014,
f. & cert. ef. 6-24-14; DPSST 20-2014, f. & cert. ef. 7-30-14; DPSST 5-2015,
f. & cert. ef. 3-24-15
259-060-0450
Compliance
(1) The Department may cause administrative
proceedings or court action to be initiated to enforce compliance with the Act and
these rules.
(2) Violations. The Department
may find violation and recommend assessment of civil penalties upon finding that
a private security provider, individual, or employer has previously engaged in or
is currently engaging in any of the following acts:
(a) Providing private security
services without valid certification or licensure or Temporary Work Permit;
(b) Failure to submit properly
completed forms or documentation in a time frame as designated by the Department;
(c) The falsification of
any documents submitted to the Department;
(d) Failure to cease providing
private security services upon issuance of a cease and desist order, expiration
of certification or licensure, notice of termination, suspension, denial or revocation;
(e) Failure to complete required
training as prescribed in OAR 259-060-0060;
(f) Failure to report criminal
charges as required in ORS 181.885;
(g) Providing training without
a valid certification;
(h) Failure of a private
security instructor to instruct the full Department-approved curriculum;
(i) Failure to terminate
employment as a private security provider of an individual whose application has
been terminated, or whose certification or licensure has been suspended, denied
or revoked, upon notice from the Department to do so;
(j) Employing private security
providers who have not completed the training and application process required under
the Act and these rules;
(k) Failure to employ a licensed
executive manager;
(l) Failure to provide technological
communication or visibility of a certified security professional to crowd management
staff;
(m) Failure to provide documentation
of one certified security professional to ten crowd management staff;
(n) Expecting crowd management
staff to perform security services duties other than the duties incidental to crowd
management; or
(o) Any other violation of
requirements of the Act or these rules.
(3) The Department may issue
a Demand to Examine Books and Records (DEBR) to obtain any record or document related
to compliance.
(a) The Department may cause
inspection or audits of the records of any private security provider or employer.
Records inspected may include any document relating to the requirements of the Act
and these rules.
(b) Failure to cooperate
or respond to any investigative inquiries or DEBR may result in issuance of a civil
penalty as described in this rule and the revocation or denial of certification
or licensure as described in OAR 259-060-0300.
(4) The Department may issue
a Cease and Desist Order when an individual or employer is not in compliance with
these rules. The order requires the individual or employer cease and desist providing
private security services in the state of Oregon and will remain in effect until
the individual or employer gains compliance.
(5) Complaints and Allegations
of Violations.
(a) All complaints or allegations
of violations must be submitted on a Department-approved complaint form before an
investigation can be initiated, unless the Department grants an exception. The Department
may consider additional credible sources of information to determine non-compliance.
(b) A preliminary administrative
review of the complaint or allegation will be conducted by the Department to ensure
there is sufficient information to proceed. Staff may conduct a fact-finding preliminary
investigation.
(A) If sufficient information
is determined to support the compliant or allegation, the Department may open and
conduct an investigation and gather relevant information.
(B) Private security providers,
applicants, or other involved parties will respond to any questions or requests
with 20 days after a request is mailed by the Department, unless an extension is
requested and approved by the Department.
(6) Procedures for Proposing
a Civil Penalty.
(a) The Department may issue
an Allegation of Non-Compliance when there is a reason to believe a violation has
occurred. The purpose of this document is to provide education and allow an opportunity
to gain compliance within 30 days without penalty.
(b) The Department will issue
a Notice of Violation upon discovery of violation as described in this rule. The
Notice will include a statement of found violations and proposed sanctions. An individual
or employer may be given the opportunity to remedy the violation and pay a penalty
within 10 days of the mailing of the notice.
(c) The Department, through
the Policy Committee and Board, will issue a Notice of Intent to Propose a Civil
Penalty upon the failure to remedy a violation or request an extension within 10
days of the mailing of the Notice of Violation.
(A) The Department may extend
the time to remedy a violation upon a showing of good cause.
(B) An individual or employer
will be given the opportunity to provide mitigation to the Department.
(7) Hearing Request.
(a) If the Department issues
a Notice of Intent to Propose Civil Penalty, an individual, business or entity is
entitled to a contested case hearing in accordance with the applicable provisions
of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015.
(b) The Department must receive
a request for hearing in writing within 20 days of the date the Notice of Intent
to Propose Civil Penalty was served on the individual or employer.
(8) Default Order. If a timely
request for a hearing is not received, the Notice of Intent to Impose a Civil Penalty
will become a Final Order Imposing Civil Penalty.
(9) Resolution by Stipulation.
The Department is authorized to seek resolution by stipulation, subject to acceptance
and approval by the Board or Director, if:
(a) The matter is resolved
before entry of a final order assessing penalty;
(b) The respondent satisfies
all terms set forth by the Department within the time allowed; and
(c) Any stipulated penalty
amount is received by the Department.
(10) Civil Penalty Amounts.
(a) Unarmed private security
providers and alarm monitors will be charged a penalty of not less than $250 for
the first violation and a maximum of $1,500 for each flagrant violation.
(b) Armed private security
providers will be charged a penalty of not less than $500 for the first violation
and a maximum of $1,500 for each flagrant violation.
(c) Private security instructors
will be charged a penalty of not less than $750 for the first violation and a maximum
of $1,500 for each flagrant violation.
(d) Private security managers,
contract executive managers and employers that employ private security staff will
be charged a penalty of not less than $1,000 for the first violation and a maximum
of $1,500 for each flagrant violation.
(e) For the purposes of imposing
civil penalties, each 30 day period in violation of the same statute or rule may
be considered a separate violation by the Department.
(11) The Department may reduce
or waive civil penalties from the amounts set in this rule in situations where further
mitigation is warranted or the matter is resolved by stipulation at any time prior
to the entry of a final order.
(12) Staff will recommend
the full civil penalty amount for individuals, businesses or entities that fail
to satisfy the terms as stipulated. The recommendation will be reviewed by the Policy
Committee and Board.
Stat. Auth.: ORS 181.878
Stats. Implemented: ORS 181.878
Hist.: PS 9-1997, f. &
cert. ef. 8-20-97; 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 3-1999(Temp), f. & cert. ef.
3-9-99 thru 9-5-99; BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99; BPSST 3-2000, f.
& cert. ef. 8-10-00; BPSST 8-2001(Temp), f. & cert. ef. 8-22-01 thru 2-18-02;
BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru 2-18-02; BPSST 4-2002(Temp),
f. & cert. ef. 2-25-02 thru 7-1-02; BPSST 13-2002, f. & cert. ef. 4-30-02;
DPSST 4-2003, f. & cert. ef. 1-22-03; DPSST 6-2006, f. & cert. ef. 5-15-06;
DPSST 11-2007, f. & cert. ef. 10-15-07; DPSST 6-2008, f. & cert. ef. 4-15-08;
DPSST 25-2012, f. 10-26-12, cert. ef. 11-1-12; DPSST 12-2013, f. & cert. ef.
6-24-13; DPSST 8-2015, f. & cert. ef. 3-24-15
259-060-0500
License Fees
(1) Payments to the Department are non-refundable
and non-transferable and must be paid by business check, money order, cashier’s
check or credit card. No personal checks or cash will be accepted.
(2) The Department will charge
the following fees:
(a) The fee of $65 for the
issuance of each two-year certification as a private security professional.
(b) Appropriate fees must
be submitted with each application for a fingerprint criminal history check. These
fees are to recover the costs of administering the fingerprint check through the
Oregon State Police and Federal Bureau of Investigation. An additional fee will
be charged for the third submittal of fingerprint cards when rejected for filing
by FBI. Current fee schedules for processing fingerprints may be obtained from the
Department.
(c) The fee of $75 for the
issuance of a two-year license as a supervisory manager.
(d) The fee of $250 for the
issuance of a two-year license as an executive manager.
(e) The fee of $90 for the
issuance of a two-year certification as a private security instructor.
(f) The fee of $20 for the
issuance of each upgrade, duplicate or replacement card issued.
(g) The late submission penalty
fee of $25 will be added to the fees for recertification if the provider fails to
complete certification by the expiration date of the license or certificate.
(h) In the event a non-sufficient
check is received for payment, an additional $25 administrative fee will be assessed.
Stat. Auth.: ORS 181.878
Stats. Implemented: ORS 181.878 Hist.: PS 1-1997(Temp), f.
2-21-97, cert. ef. 2-24-97; PS 9-1997, f. & cert. ef. 8-20-97; 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 3-1999(Temp), f. & cert. ef. 3-9-99 thru 9-5-99; BPSST 4-1999, f. 4-29-99,
cert. ef. 9-5-99; BPSST 3-2000, f. & cert. ef. 8-10-00; BPSST 8-2001(Temp),
f. & cert. ef. 8-22-01 thru 2-18-02; BPSST 18-2001(Temp), f. & cert. ef.
11-28-01 thru 2-18-02; BPSST 4-2002(Temp), f. & cert. ef. 2-25-02 thru 7-1-02;
BPSST 13-2002, f. & cert. ef. 4-30-02; DPSST 12-2003, f. & cert. ef. 7-24-03;
DPSST 3-2005(Temp), f. 4-25-05, cert. ef. 5-1-05 thru 10-28-05; DPSST 11-2005, f.
& cert. ef. 10-14-05; DPSST 6-2006, f. & cert. ef. 5-15-06; DPSST 6-2008,
f. & cert. ef. 4-15-08; DPSST 6-02010(T), f. 6-14-10, cert. ef. 7-1-10 thru
12-27-10; DPSST 12-2010, f. & cert. ef. 11-12-10; DPSST 6-2011(Temp), f. 6-14-11,
cert. ef. 7-1-1 thru 12-1-11; DPSST 12-2011, f. & cert. ef. 8-1-11; DPSST 25-2012,
f. 10-26-12, cert. ef. 11-1-12; DPSST 12-2013, f. & cert. ef. 6-24-13
259-060-0600
Forms
The Department utilizes
the following forms:
(1) PS-1
— Application for Licensure or Certification of Private Security Services
Provider.
(2) PS-3
— Private Security Order Forms Sheet.
(3) PS-4
— Affidavit of Person Rolling Fingerprints.
(4) PS-6
— (Affidavit of Instructor and Private Security Provider Testing Results).
(5) PS-7
— Private Security Instructor Evaluation.
(6) PS-8
— Private Security Instructor Continuing Education.
(7) PS-9
— Private Security Waiver for Reciprocity.
(8) PS-20
— Private Security Services Provider Temporary Work Permit.
(9) PS-21
— Renewal of Private Security Services Licensure or Certification.
(10) PS-23
— Private Security Services Provider Change of Information.
(11) PS-27
— Private Security Code of Ethics.
(12) PS-30
– Reconsideration Application for Private Security Services Providers
[ED. NOTE: Forms
referenced are available from the agency.]
Stat. Auth.:
ORS 181.878

Stats. Implemented:
ORS 181.878

Hist.: PS
9-1997, f. & cert. ef. 8-20-97; 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 3-1999(Temp),
f. & cert. ef. 3-9-99 thru 9-5-99; BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99;
BPSST 3-2000, f. & cert. ef. 8-10-00; BPSST 8-2001(Temp), f. & cert. ef.
8-22-01 thru 2-18-02; BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru 2-18-02;
BPSST 4-2002(Temp), f. & cert. ef. 2-25-02 thru 7-1-02; BPSST 13-2002, f. &
cert. ef. 4-30-02; DPSST 6-2006, f. & cert. ef. 5-15-06; DPSST 15-2006, f. &
cert. ef. 10-13-06; DPSST 30-2012, f. & cert. ef. 12-26-12

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