justicedao/ipfs_state_laws huggingface dataset:
257-100-0065 Removal of Ignition Interlock Devices (1) A qualified ignition interlock device technician must remove the device when requested by the individual. (2) When removing a device, an ignition interlock device technician must: (a) Attempt to start the vehicle ignition without first providing a breath sample to determine if the device had been circumvented by the individual customer; (b) Visually inspect the vehicle, device, and camera to determine if the device appears to have been tampered with; and (c) Download and upload the final data report from the device at the time of removal; (d) Ensure removal of the device does not damage the vehicle and that the vehicle’s ignition functions properly without the device being installed; (3) When removing a device, a manufacturer’s representative must: (a) If applicable, provide the individual with an Ignition Interlock Device No Negative Certificate Form 257-0007; and (b) Report the removal pursuant to OAR 257-100-0060. (4) Upon approval by OSP, a manufacturer or manufacturer’s representative may provide a third-party mechanic with an ignition interlock device de-activation or override code for maintenance or repair of a vehicle with an ignition interlock device installed. (a) The manufacturer or manufacturer’s representative shall collect the mechanic’s full name, business address, and contact phone number. (b) A De-activation or override code may only be provided to mechanics performing maintenance or repair of the individual customer’s vehicle. The individual customer may not be the mechanic performing the maintenance or repair. (c) A mechanic de-activation or override code may not exceed a period of 24 hours at a time. (d) Each de-activation or override code must be uniquely identified and recorded in the device’s data storage system. (e) The number of de-activation or override codes per individual customer or vehicle is unlimited. (f) Violations recorded while the vehicle is not being driven by the individual customer required to have the interlock device may be reviewed for exclusion. The individual customer must provide a completed Mechanic’s Affidavit Form 257-0030 to the manufacturer or manufacturer’s representative upon completion of the maintenance or repair. If an individual customer fails to submit a Mechanic’s Affidavit Form 257-0030 to the manufacturer or manufacturer’s representative, may result in a break in compliance, an extension of ignition interlock requirement, or additional fees. Statutory/Other Authority: ORS 813.600 & ORS 813.660 Statutes/Other Implemented: ORS 813.599 – 813.680 History: OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022 OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019 OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019 TSD 3-2019, renumbered from 737-005-0165, filed 05/30/2019, effective 07/01/2019 TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019 TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019
257-100-0075 Indigence Fee Waiver (1) Only a manufacturer’s representative under contract with the Oregon Health Authority may provide statewide device service for individuals who apply and meet indigence standards. (2) An individual customer required by ORS 813.602 to have a device installed in the individual’s vehicle and who meets indigence standards may have the fees charged by a service center waived for any device service. (3) An individual customer requesting a fee waiver must provide proof of eligibility for the fee waiver to the service center. Proof of eligibility is documentation of SNAP enrollment provided by the Oregon Department of Human Services dated for the month service was performed. Proof of eligibility must be submitted to the service center each time the service center provides service and the individual customer requests a fee waiver. (4) A person unable to provide proof of enrollment in SNAP does not meet the indigence standards and is responsible for all fees charged for any services related to the device for the period proof is not provided to the service center. Statutory/Other Authority: ORS 813.600, ORS 813.603, ORS 813.604 & ORS 813.660 Statutes/Other Implemented: ORS 813.599 – 813.680 History: OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022 OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019 OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019 TSD 3-2019, renumbered from 737-005-0175, filed 05/30/2019, effective 07/01/2019 TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019 TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019
257-100-0085 Foreign Jurisdiction (1) For an individual customer with an Oregon ignition interlock device requirement who reside outside of the State of Oregon, and in a jurisdiction, which does not have an ignition interlock device requirement or statutory counterpart, the individual must comply with the standards and settings outlined in OAR 257-100-0005 through 257-100-0080. (2) An individual with an ignition interlock device requirement or restriction in the jurisdiction in which they reside in addition to an ignition interlock device requirement pursuant to ORS 813.602, may cause a device to be installed in their vehicle and set to the standards or settings required by the jurisdiction with the most stringent requirements as determined by the manufacturer and with OSP approval. (3) The device installed and used to satisfy an ignition interlock device requirement pursuant to ORS 813.602, as described in Section (2), shall include the following requirements: (a) The device model is listed on the Oregon List of Qualified Devices; (A) The device is equipped with a camera pursuant to OAR 257-100-0050; and (B) The device must include a global positioning system (GPS) pursuant to OAR 257-100-0050. (b) The device must register test violations as defined in ORS 813.599; and (c) The final device configuration must be approved OSP. (4) Only one customer may be designated to a device. Multiple drivers subjected to requirements under ORS 813.602 order or agreements, shall not share a single device or user account. (5) The manufacturer or manufacturer’s representative must include OSP and court or court’s designee, if applicable, as a monitoring authority for the customer. (6) The manufacturer or manufacturer’s representative must report to OSP, any negative report, tampering, device lockout, install, removal, or test violations downloaded by the manufacturer or manufacturer’s representative under ORS Chapter 813.630 and 813.635. (7) Upon eligibility of a “no negative certificate,” the manufacturer or manufacturer’s representatives shall provide the applicable “no negative certificate” to the individual customer as described in OAR 257-100-0060. (8) A customer with an ignition interlock device installed as described in this rule is subjected the monthly fee described in OAR 257-100-0070. Statutory/Other Authority: ORS 813.600 & ORS 813.660 Statutes/Other Implemented: ORS 813.599-813.680 History: OSP 3-2022, adopt filed 05/20/2022, effective 05/20/2022
259-001-0005 Permanent Rulemaking Notice (1) Prior to the adoption, amendment, or repeal of any permanent rule, the Department of Public Safety Standards and Training will give notice of the intended action: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule; (b) By mailing or e-mailing a copy of the notice to persons on the interested parties distribution list established by the Department of Public Safety Standards and Training pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule; and (c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule. (2) In recognition that the Department of Public Safety Standards and Training has administrative responsibility for multiple regulatory programs and in order to effectively provide notice to interested persons in accordance with subsection (1) (b) of this rule, the Department will maintain an interested parties distribution list for each rule division. (3) A person, group, or entity that wants to be placed on a list to receive notices of adoption, amendment, or repeal of a permanent rule must make a request in writing or by electronic mail to the rules coordinator. The request must include either a mailing address or an electronic mail address where notices may be sent. (4) The Department of Public Safety Standards and Training may update the interested parties distribution lists described in section (2) of this rule annually by requesting persons to confirm that they wish to remain on the mailing list. If a person does not respond to a request for confirmation within 28 days of the date the Department sends the request, the Department will remove the person from the mailing list. Any person removed from the mailing list will be immediately returned to the mailing list upon request, provided that the person provides a mailing address or e-mailing address to which notice may be sent. Statutory/Other Authority: ORS 181A.410, ORS 181A.870, ORS 183.341, ORS 703.230 & ORS 703.480 Statutes/Other Implemented: ORS 181A.410, ORS 181A.870, ORS 183.341, ORS 703.230 & ORS 703.480 History: DPSST 48-2018, amend filed 04/27/2018, effective 04/27/2018 DPSST 11-2009, f. & cert. ef. 10-15-09 DPSST 2-2009, f. & cert. ef. 4-8-09 BPSST 3-1998, f. & cert. ef. 6-30-98 BPSST 1-1998, f. & cert. ef. 5-6-98 BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98 Reverted to PS 2-1995, f. & cert. ef. 9-27-95 PS 10-1997(Temp), f. & cert. ef. 11-5-97 PS 2-1995, f. & cert. ef. 9-27-95 PS 1-1990, f. & cert. ef. 2-7-90 PS 1-1983, f. & ef. 12-15-83 PS 12, f. & ef. 12-19-77
259-001-0015 Rules of Procedure Pursuant to the provisions of ORS 183.341, the Board and Department adopt the Attorney General's Model Rules of Procedure applicable to proceedings for agency rulemaking in effect July, 2014. Statutory/Other Authority: ORS 181A.410, ORS 181A.870, ORS 183.341, ORS 703.230 & ORS 703.480 Statutes/Other Implemented: ORS 181A.410, ORS 181A.870, ORS 183.341, ORS 703.230 & ORS 703.480 History: DPSST 48-2018, amend filed 04/27/2018, effective 04/27/2018 DPSST 23-2014, f. & cert. ef. 9-11-14 DPSST 4-2012, f. & cert. ef. 3-7-12 DPSST 13-2011, f. & cert. ef. 8-29-11 BPSST 9-2001, f. & cert. ef. 9-19-01 BPSST 3-1998, f. & cert. ef. 6-30-98 BPSST 1-1998, f. & cert. ef. 5-6-98 BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98 Reverted to PS 2-1997, f. 3-20-97, cert. ef. 3-25-97 PS 10-1997(Temp), f. & cert. ef. 11-5-97 PS 2-1997, f. 3-20-97, cert. ef. 3-25-97 PS 2-1995, f. & cert. ef. 9-27-95 PS 1-1990, f. & cert. ef. 2-7-90 PS 1-1983, f. & ef. 12-16-83 PS 2-1981, f. & ef. 12-18-81 PS 12, f. & ef. 12-19-77
259-003-0015 Rules of Procedure Pursuant to the provisions of ORS 183.341, the Board and Department adopt the Attorney General's Model Rules of Procedure applicable to proceedings for agency declaratory rulings under the Administrative Procedures Act as amended and in effect July, 2014. Statutory/Other Authority: ORS 181A.410, ORS 703.230, ORS 703.465 & ORS 181A.870 Statutes/Other Implemented: ORS 181A.410, ORS 703.230, ORS 703.470, ORS 181A.630, ORS 181A.640, ORS 181A.650, ORS 181A.870 & ORS 181A.880 History: DPSST 4-2018, minor correction filed 02/09/2018, effective 02/09/2018 DPSST 23-2014, f. & cert. ef. 9-11-14 DPSST 4-2012, f. & cert. ef. 3-7-12 DPSST 13-2011, f. & cert. ef. 8-29-11 BPSST 3-1998, f. & cert. ef. 6-30-98 BPSST 1-1998, f. & cert. ef. 5-6-98 BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98 Reverted to PS 2-1997, f. 3-20-97, cert. ef. 3-25-97 PS 10-1997(Temp), f. & cert. ef. 11-5-97 PS 2-1997, f. 3-20-97, cert. ef. 3-25-97 PS 1-1990, f. & cert. ef. 2-7-90 PS 1-1983, f. & ef. 12-15-83
259-005-0015 Rules of Procedures Pursuant to the provisions of ORS 183.341, the Board and Department adopt the Attorney General's Model Rules of Procedure applicable to contested cases under the Administrative Procedures Act as amended and in effect July, 2014. Statutory/Other Authority: ORS 181A.410, ORS 181A.870, ORS 703.230 & ORS 703.465 Statutes/Other Implemented: ORS 181A.410, ORS 703.230, ORS 181A.630, ORS 181A.640, ORS 181A.650, ORS 181A.880 & ORS 703.470 History: DPSST 5-2018, minor correction filed 02/09/2018, effective 02/09/2018 DPSST 23-2014, f. & cert. ef. 9-11-14 DPSST 9-2013, f. & cert. ef. 4-1-13 DPSST 4-2012, f. & cert. ef. 3-7-12 DPSST 13-2011, f. & cert. ef. 8-29-11 BPSST 6-2000, f. & cert. ef. 9-29-00 BPSST 3-1998, f. & cert. ef. 6-30-98 BPSST 1-1998, f. & cert. ef. 5-6-98 BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98 Reverted to PS 2-1997, f. 3-20-97, cert. ef. 3-25-97 PS 10-1997(Temp), f. & cert. ef. 11-5-97 PS 2-1997, f. 3-20-97, cert. ef. 3-25-97 PS 2-1995, f. & cert. ef. 9-27-95 PS 1-1990, f. & cert. ef. 2-7-90 PS 1-1983, f. & ef. 12-15-83
259-006-0000 Policy Committees (1) Pursuant to ORS 181A.375, the Board on Public Safety Standards and Training must establish the following policy committees: (a) Corrections Policy Committee; (b) Fire Policy Committee; (c) Police Policy Committee; (d) Telecommunications Policy Committee; and (e) Private Security Policy Committee. (2) The membership of each policy committee is defined by ORS 181A.375. (3) Each policy committee must adhere to the statutory requirements for meetings, appointments and recommendations as defined by ORS 181A.375. (4) The members of each policy committee must select a chairperson and vice chairperson for the policy committee. Only members of the policy committee who are also members of the board are eligible to serve as a chairperson or vice-chairperson. The vice-chairperson may act as chairperson in the absence of the chairperson. (5) Each policy committee must adopt by-laws to set guidelines for the operation of the committee functions and the expectations of members. (6) The past decisions of a policy or advisory committee will not dictate precedence for future policy committee decisions or recommendations. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 & ORS 181A.375 History: DPSST 22-2017, amend filed 12/29/2017, effective 01/01/2018 DPSST 4-2010, f. & cert. ef. 6-2-10 DPSST 5-2003, f. & cert. ef. 4-11-03 BPSST 6-2002, f. & cert. ef. 4-3-02 BPSST 10-2001(Temp), f. & cert. ef. 10-26-01 thru 4-5-02
259-006-0010 Criminal Justice Applicant Review Committee (1) The Board on Public Safety Standards and Training (Board) forms the Applicant Review Committee for the purpose of reviewing discretionary professional standards cases where the public safety professional is a new applicant for DPSST training and certification and the professional standards case is based on a criminal disposition that occurred prior to employment in public safety. (2) The Applicant Review Committee consists of: (a) Two representatives from the Corrections Policy Committee; (b) Two representatives from the Police Policy Committee; (c) Two representatives from the Telecommunications Policy Committee; and (d) One representative from the Board. (3) Appointments and Terms. (a) The Board and each Policy Committee will nominate and appoint representatives to be members of the Applicant Review Committee. (b) To be eligible for nomination to the Applicant Review Committee, the nominee must be a current member on the Board or the Policy Committee making the nomination. (c) Nominees are appointed by a majority vote. The vote is conducted by the Board or the Policy Committee making the nomination. (d) The term of an appointed member is one year. An appointed member may be appointed to a second term. (e) If an appointed member’s term on the Board or a Policy Committee expires before their term on the Applicant Review Committee, the member may continue to serve the full duration of their current term on the Applicant Review Committee. (4) The Applicant Review Committee will meet monthly or as needed. (5) The Applicant Review Committee must adopt bylaws to set guidelines for the operation of the committee functions and the expectations of members. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 & 181A.365 History: DPSST 8-2025, amend filed 10/23/2025, effective 11/01/2025 DPSST 30-2020, adopt filed 10/22/2020, effective 11/01/2020
259-007-0010 Application (1) OAR Chapter 259 Division 7 applies to procurements of goods and services for the Oregon Department of Public Safety Standards and Training (DPSST) conducted under ORS 181A.410(2)(a) - (2)(b), and 279A.050(6)(n). For procurements conducted under this section, DPSST adopts the following Attorney General Model Rules: (a) OAR 137-046-0100 through 137-046-0480 in effect as of October 1, 2023; (b) OAR 137-047-0000 through 137-047-0810 in effect as of October 1, 2023; (c) OAR 137-048-0100 through 137-048-0320 in effect as of October 1, 2023; and (d) OAR 137-049-0100 through 137-049-0910 in effect as of October 1, 2023, as it pertains to Public Contracts for ordinary construction Services that are not Public Improvement. (2) OAR Chapter 125 Divisions 246, 247, 248, and 249, apply to: (a) Procurements of Goods and Services for DPSST that DPSST elects to conduct under OAR 125-247-0288 (Special Procurements; by Rule); (b) Procurements of Goods and Services not otherwise specified in this rule; (c) Intergovernmental and interagency agreements, but only to the extent they are specifically governed by OAR Chapter 125 Divisions 246, 247, 248, and 249; (d) Procurement of Public Improvement; and (e) Procurements of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services and Related Services. (3) In the event a conflict arises between OAR Chapter 259 Division 7 and OAR Chapter 137 Division 46, the conflict will be resolved in the following order of precedence: (a) The Public Contracting Code, ORS 279A, 279B, and 279C; (b) OAR Chapter 259 Division 007; (c) OAR Chapter 137 Division 46. (4) OAR Chapter 259 Division 7 applies to Procurements that DPSST first advertises or otherwise solicits on or after October 1, 2023, or, if DPSST does not advertise or solicit the Procurement, to Contracts that DPSST enters into on or after October 1, 2023. (5) For the convenience of the user, OAR 259-007-0050 through OAR 259-007-0070 provide pointer rules pertaining to preferences. OAR 259-007-0120 provides pointer rules pertaining to protests. Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070 Statutes/Other Implemented: ORS 181A.410, ORS 279A.050 & ORS 279A.065 History: DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023
259-007-0020 Definitions (1) The Public Contracting Code and Attorney General’s Model Rules contain definitions applicable to capitalized terms in OAR Chapter 259 Division 7. (2) “DPSST” or “Department” means the Department of Public Safety Standards and Training. Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070 Statutes/Other Implemented: ORS 279A.065 & ORS 279A.070 History: DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023
259-007-0030 Delegation of Authority The DPSST Designated Procurement Officer may delegate in Writing, on a case-by-case basis, any Procurement for which DPSST has independent statutory Contracting authority to the Oregon Department of Administrative Services (DAS). If DAS accepts a delegation, DAS will process the delegated Procurement under OAR Chapter 125, Divisions 246, 247, 248, and 249. The DPSST Designated Procurement Officer may at any time rescind any Written delegation issued under this rule. Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065, ORS 279A.070 & ORS 279A.075 Statutes/Other Implemented: ORS 279A.065, ORS 279A.070 & ORS 279A.075 History: DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023
259-007-0040 Preference or Limited Competition Permitted For any Contract estimated to cost $50,000 or less, DPSST may allow a preference for, or limit competition to, contracting entities owned or controlled by disadvantaged persons described in ORS 279A.100(1). Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065, ORS 279A.070 & ORS 279A.100 Statutes/Other Implemented: ORS 279A.065, ORS 279A.070 & ORS 279A.100 History: DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023
259-007-0050 Resident Bidder Preference (1) For Procurements under OAR 259-007-0010(1), see OAR 137-046-0310. (2) For Procurements under OAR 259-007-0010(2), see OAR 125-246-0310. Statutory/Other Authority: ORS 181A.410, ORS 279A.050 & ORS 279A.120 Statutes/Other Implemented: ORS 279A.120 History: DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023
259-007-0060 Oregon Goods or Services Preference (1) For Procurements under OAR 259-007-0010(1), see OAR 137-046-0300. (2) For Procurements under OAR 259-007-0010(2), see OAR 125-246-0300. Statutory/Other Authority: ORS 181A.410, ORS 279A.050 & ORS 279A.128 Statutes/Other Implemented: ORS 279A.128 History: DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023
259-007-0070 Recycled Materials Preference (1) For Procurements under OAR 259-007-0010(1), see OAR 137-046-0320. (2) For Procurements under OAR 259-007-0010(2), see OAR 125-246-0322. Statutory/Other Authority: ORS 181A.410, ORS 279A.050 & ORS 279A.125 Statutes/Other Implemented: ORS 279A.125 History: DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023
259-007-0080 Independent Contractor Status for Services Contracts (1) DPSST will Contract for Services with Persons who are Independent Contractors. (2) DPSST will develop a statement of work for Services that will not result in an employee relationship with the potential contractor. (3) An Independent Contractor certification must be completed for each Independent Contractor and included as a provision in each Contract. (4) If the nature of the Services or project is such that an employee/employer relationship exists or will likely exist, DPSST will hire the individual through normal personnel procedures. (5) All Contracts must include the Independent Contractor’s legal name and address. The Contractor must provide DPSST its federal Employer Identification Number (EIN) or Social Security Number (SSN), as applicable. (6) All Contracts must provide that the Independent Contractor is responsible for federal Social Security, except those categories excluded by law, and for any federal or state taxes applicable to the Contract payment. (7) Violation of this administrative rule may result in DPSST withdrawing an intent to Award a Contract, or termination of an existing Contract. Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070 Statutes/Other Implemented: ORS 279A.065 & ORS 279A.070 History: DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023
259-007-0090 Fragmentation A Procurement may not be artificially divided or fragmented for the purpose of restricting competition or circumventing a legal requirement. Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070 Statutes/Other Implemented: ORS 279A.065 & ORS 279A.070 History: DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023