justicedao/ipfs_state_laws huggingface dataset:
259-059-0180 Statement of Earnings (1) Private security entities must provide each private security provider with a written itemized statement of earnings each time the private security provider receives a compensation payment from the private security entity. (2) The statement of earnings must include at a minimum the following elements: (a) The total gross payment being made; (b) The amount and purpose of each deduction from the gross payment; (c) The total number of hours worked during the time covered by the gross payment; (d) The rate of pay; (e) The net amount paid after any deductions; (f) The employer's name, address and telephone number; and (g) The pay period for which the payment is made. (3) Licensees may use any form for providing this information to private security providers so long as it contains all the elements listed in section (2) above. The Department provides a sample form that licensees may use to comply with this rule. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 & ORS 181A.913 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0190 Change of Information Private security entities must notify the Department in writing within 10 business days if there are changes to: (1) The private security entity’s physical address, mailing address, phone number, or e-mail address. (2) The entity representative’s physical business address, business mailing address, business phone number, or business e-mail address. (3) The private security entity’s business name, including doing business as or operating as names. (4) The private security services the private security entity provides by adding or ceasing to provide armed private security services. (5) The entity representative as required by OAR 259-059-0030. (6) The designated executive manager as required by OAR 259-059-0100. (7) The general liability insurance as required by OAR 259-059-0120. (8) The proof of ability to pay wages as required by OAR 259-059-0130. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0200 Records Retention (1) In addition to any records required under a separate rule, private security entities must maintain the following records for at least three years from the date a record reflecting or including such information is created: (a) The names and addresses of all persons financially interested, whether as partners, shareholders, associates or profit-sharers, in the private security entity’s operation as a private security entity, together with the amount of their respective interests; (b) The physical address of the work location or locations at which private security services are provided by private security professionals employed by or pursuant to a contract or subcontract with the private security entity; and (c) For each work location at which private security services are provided by private security professionals pursuant to a contract or subcontract with the private security entity, the names of the private security entity or entities contracted or subcontracted with the entity. (2) The Department requires private security entities to retain these records for purposes relating to the application for licensure, investigation of character, competence, and reliability, and determining compliance with ORS 181A.840 to 181A.918 or OAR Chapter 259 Division 59 . The records must be provided to the Department upon request. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0300 Complaints (1) Any complaint or allegation made to the Department against an applicant or licensee must be submitted on a Department-approved complaint form before an investigation can be initiated unless the Department grants an exception. (2) A complainant must file the complaint or allegation with the Department within one year of knowledge of the incident's occurrence. (3) When the Department receives a complaint or allegation, the Department will conduct a preliminary administrative review of the complaint or allegation to ensure there is sufficient information to proceed. The Department may conduct a fact-finding preliminary investigation. The Department may consider additional credible sources of information to determine non-compliance. (4) If the Department determines that there is sufficient information to support the complaint or allegation, the Department may open a case and conduct an investigation to gather relevant information. (5) Applicants, licensees, entity representatives, or other involved parties must respond to any questions or requests within 20 business days after a request is mailed by the Department unless an extension is requested and approved by the Department. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0310 Protesting Issuance of a License (1) Any person may protest the issuance, including renewal, of a license to any applicant. The protest may be made at any time after the license is issued as well as at any time prior to the issuance of the license. (2) Any person protesting the issuance of a license must file the protest in writing with the Department. (3) The written protest must contain the following information: (a) Name, address, and phone number of the person filing the protest; (b) Date of the protest; (c) Name of the applicant or licensee against whom the protest is being made; (d) A complete statement of the facts, circumstances, and other reasons for the protest. The statement should include alleged violations, approximate dates of alleged violations, names of witnesses, if any, and any documents which support the allegations; and (e) The signature of the individual making the protest. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 & ORS 181A.902 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0410 Grounds to Deny, Refuse to Renew, Revoke, or Suspend a Private Security Entity License (1) The Department must deny, refuse to renew, revoke, or suspend a license when the Department finds that an applicant’s or licensee’s character, competence, or reliability are unsatisfactory under OAR 259-059-0080. (2) The Department may deny, refuse to renew, revoke, or suspend a license when the Department determines that an applicant or licensee: (a) Falsified any information submitted on the application for licensure or on any documents submitted to the Board or the Department; (b) Intentionally altered a license or Temporary Authorization Form, or used another private security entity’s license or Temporary Authorization Form; (c) Knowingly permitted another private security entity to use the licensee’s license or Temporary Authorization Form; (d) Failed to cooperate or respond to the Department’s investigative inquiries or requests for records relating to compliance with ORS 181A.840 to 181A.918 or OAR Chapter 259 Division 59; (e) Failed to provide the Professional Workplace Training Course as required by ORS 181A.908 and OAR 259-059-0150; (f) Failed to ensure armed private security professionals successfully complete a firearms qualification for each firearm make, model, and caliber that the armed private security professional will possess or have access to while performing private security services as required by ORS 181A.906 and OAR 259-059-0140; (g) Discharged or discriminated in any way against a private security provider in violation of ORS 181A.914; (h) Operated as a private security entity without a license in violation of ORS 181A.850; (i) Failed to pay a civil penalty imposed by the Board when due; (j) Received three or more civil penalties under ORS 181A.995 and OAR 259-059-0400; or (k) Received an Emergency Suspension Order issued by the Department. (3) Emergency Suspension. The Department must issue an Emergency Suspension Order immediately suspending a private security entity’s license when the Department finds that there is a serious danger to public health and safety. (4) Any Board or Department action to deny, refuse to renew, revoke, or suspend a private security entity’s license will be administered in accordance with OAR 259-059-0410 through 259-059-0440 and the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015. (5) Nothing in this rule precludes the Department from recommending the Board impose a civil penalty in lieu of denying, refusing to renew, revoking, or suspending a license. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900, ORS 181A.902 & ORS 181A.995 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0430 Surrender of a Private Security Entity License (1) A licensee may request the Department accept the surrender of the license. The request must be submitted in writing. (2) The license remains in effect until the Department accepts the surrender. (3) If the Department accepts the surrender, the Department will notify the licensee of the acceptance date. The person must stop operating as a private security entity as of the acceptance date. (4) If the person wants to operate as a private security entity after the acceptance date, the person must apply for a new license by meeting all the initial requirements for licensure under ORS 181A.900 to 181A.918 and OAR Chapter 259 Division 59. (5) If the licensee is the subject of a pending protest, complaint, or Department investigation, the Department may accept the surrender through a stipulated order revoking the license. The stipulated order may prohibit the person from being licensed for a specified ineligibility period. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0440 Issuance of Notice of Intent / Request for Hearing / Contested Case Procedures (1) Upon a determination to proceed with denial, refusal to renew, revocation, or suspension of a license, the Department will prepare and serve a Notice of Intent on the applicant or licensee. (2) Response Time. (a) A party who has been served with a Notice of Intent to Deny Licensure has 60 business days from the date of mailing or personal service of the Notice to file a written request for hearing or a written request withdrawing their application from consideration with the Department. Applicants who choose to withdraw their application forfeit their application fees. (b) A party who has been served with a Notice of Intent to Refuse Renewal has 60 business days from the date of mailing or personal service of the Notice to file a written request for hearing with the Department. (c) A party who has been served with a Notice of Intent to Revoke Licensure has 20 business days from the date of mailing or personal service of the Notice to file a written request for hearing with the Department. (d) A party who has been served with a Notice of Intent to Suspend has 20 business days from the date of mailing or personal service of the Notice to file a written request for a hearing with the Department. (e) A party who has been served with an Emergency Suspension Order has 90 business days from the date of mailing or personal service of the Order to file a written request for hearing with the Department. (3) Default Orders. If the Department does not receive a timely request for a hearing, the Notice of Intent will become a Final Order denying, refusing to renew, revoking, or suspending the license pursuant to OAR 137-003-0672. (4) Hearing Request. If the Department receives a timely request for a hearing, it will refer the matter to the Office of Administrative Hearings in accordance with OAR 137-003-0515. (5) When a hearing is requested, Proposed Orders, Exceptions, and Final Orders will be issued pursuant to the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
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 181A.840 through 181A.895 and181A.995, 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 181A.870. Statutory/Other Authority: ORS 181A.870 Statutes/Other Implemented: ORS 181A.870 & ORS 181A.875 History: DPSST 1-2024, amend filed 01/29/2024, effective 02/01/2024 DPSST 39-2018, minor correction filed 02/27/2018, effective 02/27/2018 DPSST 25-2012, f. 10-26-12, cert. ef. 11-1-12 DPSST 6-2006, f. & cert. ef. 5-15-06 BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99 BPSST 3-1999(Temp), f. & cert. ef. 3-9-99 thru 9-5-99 BPSST 3-1998, f. & cert. ef. 6-30-98 BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98 BPSST 1-1998, f. & cert. ef. 5-6-98 PS 9-1997, f. & cert. ef. 8-20-97
259-060-0012 Private Security Equipment, Vehicles, Uniforms and Titles (1) It is unlawful for a private security provider or an entity that employs private security providers to possess or use in the scope of employment equipment, vehicles, uniforms or titles that imply that the provider or entity is affiliated with a public or private safety agency as defined in ORS 181A.355. This includes, but may not be limited to, the following prohibited acts: (a) Titles used to identify a private security provider may not be a title commonly used by public or private safety agencies to identify a law enforcement officer, including, but not limited to, “officer,” “police officer,” “peace officer,” “law enforcement officer,” “agent,” “deputy,” “trooper,” or “detective.” This does not apply to the use of “security officer” or the use of rank structure titles such as “sergeant,” “lieutenant,” or “chief.” (b) Vehicles, uniforms, and the badges, patches, name tags, or other identifying labels permanently or temporarily affixed to a uniform or used for identification may not display a prohibited title as defined in subsection (a) above. (c) Uniforms may not resemble a law enforcement uniform in style or color unless the uniform prominently displays the word “security.” “Security” may be used in combination with other private security terms such as, but not limited to, “private security,” “security officer,” or “security guard.” (d) Vehicles may not resemble a law enforcement vehicle in style or color unless the vehicle prominently displays the word “security” on the front, rear, and sides of the vehicle. “Security” may be used in combination with other private security terms such as, but not limited to, “private security,” “security officer,” or “security guard.” (e) Vehicles may not be equipped with red and blue light bars. (f) Vehicles may not be equipped with bumpers capable of ramming another vehicle to cause a stall or cages unless there is a demonstrated business need and the private security entity has a written policy or procedure addressing the use of the equipment. (2) This rule does not apply to special campus security providers commissioned under ORS 352.118 or private security providers on campuses of institutions of higher education regulated under ORS 181A.972. (3) These provisions 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 or out of this state. (4) A violation of a prohibited act outlined in section (1) of this rule may result in issuance of a civil penalty under OAR 259-060-0450. (5) A violation of a prohibited act outlined in section (1) of this rule may result in denial, suspension, refusal to renew or revocation of private security provider certification or licensure under OAR 259-060-0300, OAR 259-060-0310 and OAR 259-060-0320. Statutory/Other Authority: ORS 181A.870 & ORS 181A.893 Statutes/Other Implemented: ORS 181A.870 & ORS 181A.893 History: DPSST 4-2023, amend filed 03/09/2023, effective 03/20/2023 DPSST 7-2022, adopt filed 05/11/2022, effective 06/01/2022
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. Statutory/Other Authority: ORS 181A.870 Statutes/Other Implemented: ORS 181A.870 History: DPSST 41-2018, minor correction filed 02/27/2018, effective 02/27/2018 DPSST 12-2013, f. & cert. ef. 6-24-13 DPSST 25-2012, f. 10-26-12, cert. ef. 11-1-12 DPSST 11-2007, f. & cert. ef. 10-15-07 DPSST 6-2006, f. & cert. ef. 5-15-06 BPSST 13-2002, f. & cert. ef. 4-30-02 BPSST 4-2002(Temp), f. & cert. ef. 2-25-02 thru 7-1-02 Reverted to BPSST 3-2000, f. & cert. ef. 8-10-00 BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru 2-18-02 BPSST 8-2001(Temp), f. & cert. ef. 8-22-01 thru 2-18-02 BPSST 3-2000, f. & cert. ef. 8-10-00 BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99 BPSST 3-1999(Temp), f. & cert. ef. 3-9-99 thru 9-5-99 BPSST 3-1998, f. & cert. ef. 6-30-98 BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98 BPSST 1-1998, f. & cert. ef. 5-6-98 Reverted to PS 9-1997, f. & cert. ef. 8-20-97 PS 10-1997(Temp), f. & cert. ef. 11-5-97 PS 9-1997, f. & cert. ef. 8-20-97
259-060-0145 Crowd Management or Guest Services (1) Individuals who are performing crowd management or guest services, as defined in OAR 259-060-0010 and meet all the requirements of the exemption found in OAR 259-060-0015, are not required to be certified as a private security provider. (2) Private security managers, contract executive managers, or employers who employ individuals to provide crowd management or guest services must: (a) Provide one certified private security professional on-site for every 10 or fewer crowd management or guest services staff; (b) Ensure all crowd management or guest services staff have the ability to communicate with a certified private security professional at all times; and (c) Provide documentation confirming the appropriate staffing ratio and communication ability to the Department upon request or to any other person upon reasonable request. (3) Civil penalties may be assessed for violation of these rules in accordance with OAR 259-060-0450. Statutory/Other Authority: ORS 181A.870 Statutes/Other Implemented: ORS 181A.870 History: DPSST 1-2024, amend filed 01/29/2024, effective 02/01/2024 DPSST 20-2015, f. & cert. ef. 12-22-15 Reverted to DPSST 8-2015, f. & cert. ef. 3-24-15 DPSST 9-2015(Temp), f. & cert. ef. 5-19-15 thru 11-14-15 DPSST 8-2015, f. & cert. ef. 3-24-15 DPSST 25-2012, f. 10-26-12, cert. ef. 11-1-12
259-060-0201 Employer Responsibilities (1) An employer must have a designated licensed executive manager at all times. (2) Employers are prohibited from using a name that implies that the employer is, or is affiliated with, an existing law enforcement unit or public safety agency as defined in ORS 181A.355, the organized militia as described in ORS 396.105, the Armed Forces of the United States, a federal law enforcement agency or a federal intelligence agency. Employers operating under a name prior to July 1, 2016, are exempt from this restriction for as long as the employer’s business or entity is owned by the same person. (3) For the purpose of this rule, these provisions apply to any employer that provides private security services within this state, regardless of whether the employer is located in or out of this state. (4) Violation of this rule may result in the denial, revocation, suspension, or refusal to renew private security provider certification or licensure under OAR 259-060-0300 through OAR 259-060-0380 and may result in issuance of civil penalties to a private security provider or employer under OAR 259-060-0450. Statutory/Other Authority: ORS 181A.870 & ORS 181A.893 Statutes/Other Implemented: ORS 181A.870 & ORS 181A.893 History: DPSST 9-2025, adopt filed 10/23/2025, effective 10/23/2025
259-060-0360 Surrender of a Private Security Provider Certification or License (1) A private security provider may request the Department accept the surrender of a certification or license. The request must be submitted in writing. (2) The certification or license remains in effect until the Department accepts the surrender. (3) If the Department accepts the surrender, the Department will notify the private security provider of the acceptance date. The private security provider must stop providing or performing private security services from the acceptance date through the remainder of the certification or licensing period. (4) If the person wants to provide or perform private security services after the acceptance date, the person must apply for a new certification or license by meeting all of the initial requirements for certification or licensure per ORS chapter 181A and OAR chapter 259 division 60. (5) If the private security provider is the subject of a pending complaint or a Department investigation, the Department may accept the surrender through a stipulated order revoking the certification or licensure. The stipulated order may prohibit the person from having a private security certification or license for a specified ineligibility period. Statutory/Other Authority: ORS 181A.870 Statutes/Other Implemented: ORS 181A.870 History: DPSST 31-2020, adopt filed 11/06/2020, effective 01/01/2021