justicedao/ipfs_state_laws huggingface dataset:
259-008-0090 Training Records (1) The Department maintains a DPSST training record for each currently employed Oregon public safety professional in order to document training that the public safety professional completed to meet the minimum requirements for certification and the minimum training requirements to maintain certification. (2) The Department will add training hours to a public safety professional’s DPSST training record for training completed while employed as a public safety professional. (3) Training must be submitted on a course attendance roster through a Department approved submission process. (4) Any course attendance roster received by the Department that is incomplete will not be accepted. (5) For the purpose of this rule, training is defined as an event that develops, refreshes, augments, or enhances knowledge, skills and abilities to perform the job effectively. (6) Training hours are reflected as “passed” or “completed” on the public safety professional’s DPSST training record. (7) Instructor hours that are reported when the public safety professional is the instructor for the training content are reflected on the public safety professional’s DPSST training record as “instructed” and are not applied toward training hour requirements for the purpose of obtaining certification. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 History: DPSST 5-2017, f. & cert. ef. 3-22-17 DPSST 5-2014, f. & cert. ef. 1-29-14 DPSST 1-2014, f. & cert. ef. 1-2-14 DPSST 10-2007, f. & cert. ef. 10-15-07 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 Renumbered from 259-010-0070, PS 1-1990, f. & cert. ef. 2-7-90 PS 1-1983, f. & ef. 12-15-83 PS 12, f. & ef. 12-19-77
259-008-0110 Prohibited Use of Force Training (1) “Prohibited use of force training” means the training of law enforcement officers or reserve officers to use physical force that impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person, except as a defensive maneuver. (2) Training of a law enforcement officer or reserve officer that includes prevention or self-defense of physical force used against a law enforcement officer or reserve officer does not constitute prohibited use of force training. (3) Board-approved mandated course curriculums and field training manuals must not include prohibited use of force training. (4) The Department will not approve a field training manual that includes prohibited use of force training as a DPSST-equivalent field training manual. (5) The Department will not instruct, deliver, host, or otherwise sponsor any event that includes prohibited use of force training. Statutory/Other Authority: ORS 181A.410 & Chapter 3, Oregon Laws 2020 (First Special Session) Statutes/Other Implemented: ORS 181A.410 & Chapter 3, Oregon Laws 2020 (First Special Session) History: DPSST 32-2020, adopt filed 12/02/2020, effective 12/15/2020
259-008-0200 Civil Penalties (1) For purposes of this rule, “agency” means a law enforcement unit or public or private safety agency as defined in OAR 259-008-0005. (2) The Department may impose a civil penalty on any agency for any violation of ORS 181A.490, 181A.520, 181A.530 or 181A.560. All civil penalties will be imposed in the manner provided by 183.745. (3) The amount of any civil penalty imposed under subsection (1) of this section may not exceed $1,500 for any single violation. Statutory/Other Authority: ORS 181A.655 & ORS 183.745 Statutes/Other Implemented: ORS 181A.655 & ORS 183.745 History: DPSST 35-2018, minor correction filed 02/23/2018, effective 02/23/2018 DPSST 13-2008, f. & cert. ef. 8-15-08
259-008-0220 Sanctions, Generally (1) Information collected by the Department may be used as a basis for any sanction imposed. (2) The Department’s use of any one sanction does not preclude the imposition of any other sanction(s) for the same violation. (3) If the Department believes there is substantial evidence that a violation has occurred or is occurring, the Department may seek such remedial relief as may be appropriate, including voluntary compliance or notice as provided in 259-008-0250. Statutory/Other Authority: ORS 181A.655 & ORS 183.745 Statutes/Other Implemented: ORS 181A.655 & ORS 183.745 History: DPSST 36-2018, minor correction filed 02/23/2018, effective 02/23/2018 DPSST 13-2008, f. & cert. ef. 8-15-08
259-008-0320 Scope of Denial/Revocation and Eligibility for Certification Following Denial/Revocation (1) When the Department denies or revokes public safety professional certifications pursuant to OAR 259-008-0290 through OAR 259-008-0340, the denial or revocation will encompass all of the public safety professional certifications subject to OAR chapter 259 division 8. (2) An individual denied or revoked for mandatory grounds is prohibited from performing the duties of a certifiable public safety professional and the individual is permanently ineligible for certification as a public safety professional. (3) An individual denied or revoked for discretionary grounds is prohibited from performing the duties of a certifiable public safety professional and ineligible for public safety professional certifications until the prescribed ineligibility period has been satisfied. (4) The first day of a discretionary denial or revocation ineligibility period is determined by the following circumstances: (a) When certifications are denied or revoked for a criminal disposition that resulted from conduct that occurred prior to or after separation from employment as a public safety professional, the first day of the ineligibility period is the date of the conviction or the plea of guilt for a deferred sentence or other criminal disposition. When there is more than one criminal disposition determined to be a moral fitness violation, the most recent disposition will be used to determine the first day of the ineligibility period; (b) When certifications are denied or revoked for any moral fitness violation concurrent to a separation of employment as a public safety professional, the first day of the ineligibility period is the date of the separation from the certifiable position as reported to the Department pursuant to OAR 259-008-0020; or (c) When certifications are denied or revoked for any moral fitness violation that occurred during employment as a public safety professional and the public safety professional is employed in a certifiable position at the time of the Board’s review, the first day of the ineligibility period is the date that the Board makes the final determination to deny or revoke. Periods of separation from a certifiable position as a result of the moral fitness violation will be applied to the satisfaction of the ineligibility period. (5) Any application for training or certification submitted by an individual whose ineligibility period has not been satisfied will be denied pursuant to OAR 259-008-0340. (6) In order to be eligible for the issuance of certifications after satisfying an ineligibility period, the individual must meet all of the minimum requirements for employment, training and certification as defined in OAR chapter 259 division 008. Statutory/Other Authority: ORS 181A.410, ORS 181A.640 & ORS 183.341 Statutes/Other Implemented: ORS 181A.410, ORS 181A.640, ORS 181A.630, ORS 181A.650 & ORS 183.341 History: DPSST 30-2020, amend filed 10/22/2020, effective 11/01/2020 DPSST 5-2020, adopt filed 02/10/2020, effective 05/01/2020
259-008-0330 Surrendering Certifications (1) A public safety professional may request that the Department accept the surrender of their public safety certifications. (2) In considering whether to accept the request to surrender public safety certifications, the Department may request further information from the present or prior employer pursuant to ORS 181A.670 or conduct its own investigation to determine if any minimum standards for certification have been violated and proceed with initiation and review of a professional standards case pursuant to OAR 259-008-0310. (3) If an administrative proceeding has commenced pursuant to OAR 259-008-0340, the Department may, in its discretion, withdraw its Notice of Intent and accept the individual’s surrender of the public safety certifications. (4) The public safety professional will remain certified until the Department accepts the surrender. (5) Once the surrender has been accepted by the Department, the individual may no longer perform the duties of a certifiable public safety professional. (6) The Department will enter a Final Order permanently revoking the certifications of a public safety professional. (7) An individual with public safety professional certifications revoked pursuant to this rule is permanently ineligible for certification as a public safety professional. Statutory/Other Authority: ORS 181A.410, ORS 181A.640 & ORS 183.341 Statutes/Other Implemented: ORS 181A.410, ORS 181A.640, ORS 181A.630, ORS 181A.650 & ORS 183.341 History: DPSST 5-2020, adopt filed 02/10/2020, effective 05/01/2020
259-008-0340 Issuance of Notice of Intent/Request for Hearing and Contested Case Procedures (1) Upon a determination to proceed with an emergency suspension or a denial or revocation, the Department will prepare and serve a Notice of Intent on the individual or public safety professional. (2) 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 to file a written request for a hearing with the Department. (b) A party who has been served with a Notice of Intent to Deny Certification has 60 days from the date of mailing or personal service of the Notice to file a written request for a hearing with the Department. (c) A party who has been served with a Notice of Intent to Revoke Certification has 20 days from the date of mailing or personal service of the Notice to file a written request for a 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 or revoking certification 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) Proposed and Final Orders. 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 Procedures adopted under OAR 259-005-0015. (6) Notice and Hearing Procedures Specific to Professional Standards Cases. (a) When a Policy Committee recommends denial or revocation of public safety professional certifications, the Department will serve the Notice of Intent on the individual or public safety professional prior to the Board’s review. (b) Department-proposed amendments to a Proposed Order issued by an Administrative Law Judge in a case that was originally reviewed by a Policy Committee and the Board must be considered by the Policy Committee and the Board before a Final Order can be issued. (c) The administrative law judge presiding at a contested case hearing may not adjust the ineligibility period approved by the Board under OAR 259-008-0310 or the Applicant Review Committee under OAR 259-008-0290. (d) If the Department does not receive a timely request for a hearing in cases heard by a Policy Committee, the Notice of Intent will become a Final Order denying or revoking certification pursuant to OAR 137-003-0672 upon final approval by the Board. Statutory/Other Authority: ORS 181A.410, ORS 181A.640 & ORS 183.341 Statutes/Other Implemented: ORS 181A.410, ORS 181A.640, ORS 181A.630, ORS 181A.650 & ORS 183.341 History: DPSST 30-2020, amend filed 10/22/2020, effective 11/01/2020 DPSST 5-2020, adopt filed 02/10/2020, effective 05/01/2020
259-008-0500 Law Enforcement Agency Accreditation The Department designates the following bodies as accrediting bodies for the purpose of accrediting law enforcement agencies in this state: (1) The Northwest Accreditation Alliance; and (2) The Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA®). Statutory/Other Authority: ORS 181A.410 & ORS 181A.657 Statutes/Other Implemented: ORS 181A.410 & ORS 181A.657 History: DPSST 8-2024, amend filed 07/25/2024, effective 07/25/2024 DPSST 18-2021, adopt filed 10/28/2021, effective 11/01/2021
259-008-0510 Law Enforcement Agency Best Practice Policies for Interacting with Persons Who Have Experienced Trauma (1) No later than January 1, 2024, a law enforcement agency that employs police officers must adopt best practice policies for interacting with persons who have experienced trauma. (2) DPSST, in consultation with the Department of Justice, must develop best practices that meet the criteria listed in ORS 181A.445(2). A copy of the best practices will be posted on the DPSST website. Statutory/Other Authority: ORS 181A.445 Statutes/Other Implemented: ORS 181A.445 History: DPSST 16-2022, adopt filed 12/28/2022, effective 01/01/2023
259-009-0000 Policies and Objectives (1) The policies of the Board and Department in response to ORS 181A.365 are: (a) The Board and Department exist to develop talented individuals into public safety providers who are: (A) Culturally competent; (B) Ethically, physically and emotionally fit; and (C) Well trained, highly skilled and responsive to the needs of their communities. (b) The Board and Department will promote the safety, efficiency, effectiveness, self-sufficiency and competence of fire service professionals. (c) The Board and Department will support collaboration among fire service organizations and the related organizations with whom they work and the interests of the communities they serve. (d) The Board and Department will consult with and inform each other fully on matters of fire standards, training and certification. (e) The Board must adopt or approve all policies, standards and minimum requirements for public safety certifications and training. (f) The Department must administer operations and procedures and implement or apply the policies and standards of the Board. (g) The Department is and remains a full department of the state. (2) The objectives of the Board and Department are: (a) To improve public safety services in Oregon by raising the level of competence of fire service professionals. (A) By establishing minimum standards for the training and certification of fire professionals. (B) By providing, sponsoring, certifying or coordinating fire training courses. (b) To conduct, facilitate, and promote studies and research designed to improve fire service within the state, and to assist in the implementation of Board recommendations. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 & ORS 181A.365 History: DPSST 6-2018, minor correction filed 02/12/2018, effective 02/12/2018 DPSST 22-2013, f. & cert. ef. 10-3-13 BPSST 22-2002, f. & cert. ef. 11-18-02
259-009-0010 Personnel Affiliation Forms and Use of Legal Name (1) When a fire service agency chooses to report a fire service professional’s utilization or employment by the fire service agency to DPSST, the fire service agency may submit either of the following affiliation forms: (a) A personnel/agency form; or (b) An application for personnel affiliation with subsequent certification form. (2) Fire service professionals must be at least 16 years of age to be recognized by DPSST as affiliated with an Oregon fire service agency. (3) Affiliated fire service agencies may notify DPSST by submitting a personnel/agency form when any of the following status changes occur: (a) A fire service professional resigns, retires, terminates employment, or is discharged or deceased; (b) A fire service professional is promoted to a fire chief position; (c) A new authorized signer is assigned; (d) A fire service professional is promoted to a training officer position; (e) A fire service professional who was affiliated using an application for personnel affiliation with subsequent certification form is no longer required to be certified in order to be utilized or employed by the fire service agency; or (f) A fire service professional is no longer assigned the duties of a fire chief, authorized signer or training officer. (4) Fire service professionals are not allowed to sign their own forms as the agency head or authorized signer. (5) DPSST requests that affiliation forms be submitted within 30 business days of a personnel action or status change. (6) DPSST may require that a fire service agency submit updated affiliation forms prior to approving any application or accreditation agreement. (7) DPSST requires use of the fire service professional’s legal name as the name of record for all DPSST purposes. All certifications issued to a fire service professional will display the legal name. When a fire service professional has a legal name change, the fire service agency must report the legal name change to the Department on a personnel/agency form within 30 business days of the name change. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 History: DPSST 21-2020, amend filed 09/14/2020, effective 10/01/2020 DPSST 67-2018, amend filed 10/25/2018, effective 11/01/2018 DPSST 15-2016, f. & cert. ef. 9-22-16 DPSST 12-2016, f. 7-25-16, cert. ef. 7-29-16 DPSST 22-2013, f. & cert. ef. 10-3-13 DPSST 8-2004, f. & cert. ef. 4-23-04 BPSST 22-2002, f. & cert. ef. 11-18-02
259-009-0015 Background Investigation (1) A background investigation must be conducted by a fire service agency on each individual being considered for employment or utilization as a fire service professional to determine if applicant is of good character. (2) The background investigation must include, but is not limited to, investigation into the following: (a) Criminal history and arrests; (b) Department of Motor Vehicles (DMV) records; (c) Drug and alcohol use; (d) Education verification; (e) Employment history; (f) Military history verification; (g) Personal and professional references. Personal and professional references may include, but are not limited to, friends, associates, family members, and neighbors; (h) Personal Interview. The personal interview may occur before or after the investigation and may be used to clarify discrepancies in the investigation; (i) Records checks, which may include, but are not limited to: (A) Police records, district attorney, court and Oregon Judicial Information Network (OJIN) records; (B) Open sources or social media, as permitted by law; (C) Financial information, as permitted by law; and (D) Department of Public Safety Standards and Training Professional Standards records. (j) Residential history; and (k) Work eligibility. (3) Each individual being considered for employment or utilization as a fire service professional must provide a personal history statement. The statement must include, but is not limited to: (a) Verification of the background information referred to in section (2); (b) A complete list of all fire service agencies an individual has applied with; and (c) A signed release allowing background investigation information to be shared with other public or private safety agencies in which the applicant may become affiliated with. (4) Results of the background investigation on all fire service professionals must be retained by the fire service agency in accordance with the Secretary of State’s Record Retention Schedule and must be available for review at any reasonable time by the Department. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 History: DPSST 5-2019, amend filed 04/25/2019, effective 05/01/2019 DPSST 7-2018, minor correction filed 02/12/2018, effective 02/12/2018 DPSST 12-2015, f. & cert. ef. 6-23-15 DPSST 4-2015(Temp), f. & cert. ef. 1-15-15 thru 7-13-15 DPSST 31-2014, f. & cert. ef. 12-29-14
259-009-0020 Waiver for Equivalent Training or Experience — Reciprocity (1) The Board or its designee may waive the completion of any course required by OAR 259-009-0062 upon presentation of documentary evidence by a fire service agency that the fire service professional has satisfactorily completed equivalent training or experience. (2) In order to be considered for equivalency, training received in a state with laws governing or regulating training of fire service professionals must have been approved or certified by the employing agency in the state where the training was received. (3) The Department may elect to prescribe, as a condition of certification, successful completion of specified courses or remedial training. (4) The Department may enter into standing reciprocity compacts or agreements with States, that by law, regulate and supervise the quality of fire service training and require a minimum number of hours of classroom training equivalent to the standards established by the Board. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.420 & ORS 181A.410 History: DPSST 44-2018, minor correction filed 03/22/2018, effective 03/22/2018 DPSST 8-2018, minor correction filed 02/12/2018, effective 02/12/2018 DPSST 22-2013, f. & cert. ef. 10-3-13 BPSST 22-2002, f. & cert. ef. 11-18-02
259-009-0025 College Education Credits (1) The Department will only recognize credits awarded by an accredited, degree-granting college or a university of post-secondary education, which is recognized by the Council for Higher Education (CHEA) or by the Council on Postsecondary Accreditation (COPA)/Commission of Recognition of Postsecondary Accreditation (CORPA), as outlined in the current edition of the Higher Education Directory (HED). (2) College credits used for certification obtained in a foreign country, which certificate, credential, or degree is claimed to be comparable to a certificate, credential, or degree granted by a licensing body in the United States or US Territories must be evaluated by a credentialing agency that is a member of the National Association of Credential Evaluation Services (NACES). The Department/Board has no responsibility for obtaining or paying for the evaluation and arranging for an official copy to be sent by the evaluating agency to the Department. The evaluation must be approved by the Department, based upon review of an official copy sent by the evaluating agency directly to the Department, before the educational credit is accepted as equivalent. (3) Certification Credit. Persons wishing to document college education must furnish official transcripts or a certified true copy of official transcripts to the Department. Courses can only be accepted for credit towards certification if the class has been successfully passed with a “C” or better. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 History: DPSST 9-2018, minor correction filed 02/12/2018, effective 02/12/2018 DPSST 22-2013, f. & cert. ef. 10-3-13 BPSST 22-2002, f. & cert. ef. 11-18-02
259-009-0035 Certificates Are Property of Department Certificates and awards are the property of the Department. The Department has the power to revoke or suspend any certificate or award as provided in the Act. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410, ORS 181A.570, ORS 181A.590, ORS 181A.630, ORS 181A.640 & ORS 181A.650 History: DPSST 10-2018, minor correction filed 02/12/2018, effective 02/12/2018 DPSST 22-2013, f. & cert. ef. 10-3-13 BPSST 22-2002, f. & cert. ef. 11-18-02