justicedao/ipfs_state_laws huggingface dataset:
257-080-0045 Board Meeting (1) The Board designated Presiding Officer shall open the meeting on the record, by introducing the parties and identifying the purpose of the meeting. (2) The record made available to the Board shall be identified by the Presiding officer. (3) The member, or designee, may make opening remarks. (4) The member may offer physical evidence and written statements. (5) Review Board members may ask questions of the member. (6) The member or designee may make concluding remarks. (7) The meeting will be private unless the member makes written request that it be public. Statutory/Other Authority: ORS 181.280 & 181.310 Statutes/Other Implemented: ORS 181.290 - 181.340 History: OSP 4-2012, f. & cert. ef. 9-5-12 OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12 Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12 OSP 1-1997, f. & cert. ef. 1-22-97
257-080-0050 The Board’s Decision (1) The Board shall adjourn the meeting and meet in private to reach a decision regarding corrective action, which decision shall then be reduced to written form. (2) The Board decision shall state specifically whether removal or other corrective action is appropriate with a brief explanation of its rationale. (3) In assessing an appropriate action the board may consider: (a) The rank and corresponding duties and expectations for the position held by the member; (b) The number and relative severity of sustained allegations; and (c) Any information presented by the member at the meeting regarding the sustained allegations. (4) The Board is not authorized to apply the concept of “progressive discipline” as a matter of right. (5) The Board is not authorized to nor shall it require proof of "cause" as it makes a decision. (6) The decision of the Board shall be delivered to the member and the Office of Professional Standards by hand-delivery or certified mail, return receipt requested, as is most expeditious. Statutory/Other Authority: ORS 181.280 & 181.310 Statutes/Other Implemented: ORS 181.290 - 181.340 History: OSP 4-2012, f. & cert. ef. 9-5-12 OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12
257-080-0055 Office of Superintendent’s consideration of Review Board Decision (1) Following receipt of the Board’s decision the member may request the Office of the Superintendent to consider the Board’s decision by an examination of all materials, including the tape of the Review Board meeting. (2) The request must be in writing and received by the Office of Professional Standards not later than fifteen (15) days after the date of the Board’s decision. (3) The request may include a meeting by the member with the Superintendent or a designee in addition to the examination of the associated documentation. (4) If no request is made, the Superintendent will send a notice to the member with a Final decision. (6) The Superintendent retains the ultimate legal authority on whether to remove the member. (7) The Superintendent shall inform the member in writing of the final decision, with a brief explanation that the Superintendent has exercised the legal discretion afforded the Department in arriving at a decision. (8) There is no right of appeal of the decision on removal. Statutory/Other Authority: ORS 181.280 & 181.310 Statutes/Other Implemented: ORS 181.290 - 181.340 History: OSP 4-2012, f. & cert. ef. 9-5-12 OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12
257-095-0000 Purpose of Rules Rules adopted herein prescribe the policies and procedures for operation and use of the statewide School Safety Tip Line Program (SSTL). The SSTL is established to facilitate the safety and health of students. Statutory/Other Authority: ORS 165.570(2) Statutes/Other Implemented: ORS 165.570 History: OSP 2-2017, f. & cert. ef. 6-6-17 OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17
257-095-0010 Authority (1) SSTL was established by act of the 2016 Oregon Legislature, Oregon Laws 2016, Chapter 74, authorizing the Department of State Police to establish and operate a statewide tip line for students and other members of the public to use to confidentially report information concerning threats to student safety or potential threats to student safety. (2) Section 1(3) of Oregon Laws 2016, Chapter 74 requires the Department of State Police to adopt rules necessary to establish and operate the tip line. (3) The SSTL is a program organized within the Public Safety Services Bureau of the Department of State Police for the purpose of facilitating the safety and health of students. Statutory/Other Authority: OL 2016, ch 74 & sect. 1(3) Statutes/Other Implemented: OL 2016 & ch 74 History: OSP 2-2017, f. & cert. ef. 6-6-17 OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17
257-095-0030 Definitions As used in these rules: (1) “Anonymous” means not identified by name. (2) "Confidential Information" means any personally identifiable information acquired by the SSTL, its staff, schools, school districts, Education Service Districts, service providers and local law enforcement, or information that is confidential under other state or federal law. (3) “Cyberbullying” and “harassment, intimidation or bullying” have the meanings given those terms in ORS 339.351. (4) “Local law enforcement contact” means a local law enforcement officer designated by the Department of State Police to be notified when the tip line receives a report of a threat to student safety or potential threat to student safety. (5) "Personally Identifiable Information" means any information that would permit the identification of the person as a person reporting information to the SSTL. It includes, but is not limited to, name, phone number, physical address, email address, and information that identifies the machine or device from which the person made the report. (6) “Service provider” means a person designated by the department to be notified when the tip line receives a report of a threat to student safety or potential threat to student safety. “Service provider” includes: (a) A provider of behavioral health care or mental health care; (b) A provider of school-based health care; (c) A certificated school counselor; (d) A clinical social worker licensed under ORS 675.530; or (e) A professional counselor or a marriage and family therapist licensed under ORS 675.615. (7) “Student” means a student of: (a) A school district, as defined in ORS 332.002; (b) A community college, as defined in ORS 341.005; (c) A private school that provides educational services to kindergarten through grade 12 students; (d) A public charter school as defined in ORS 338.005; (e) A career school, as defined in ORS 345.010; or (f) A public university listed under ORS 352.002. (8) “Threat to student safety” includes, but is not limited to, a threat or instance of: (a) Harassment, intimidation, or bullying or cyberbullying; (b) Suicide or self-harm; and (c) Violence against others. (9) “Tip” means reports of information concerning threats to student safety or potential threats to student safety made by phone call, text message, email, web-form submission, or an application on a mobile device submission accepted by the SSTL. (10) “Tip line” means a statewide resource designed to accept information concerning threats to student safety or potential threats to student safety through methods of transmission including: (a) Telephone calls; (b) Text messages; (c) Electronically through the Internet; and (d) Use of an application on a mobile device. (11) “Tip Line Technician” means contracted staff who receive, route and ensure follow-up occurs for calls, e-mails, text messages, and online tips 24 hours a day, seven days a week. Statutory/Other Authority: OL 2016, ch 74 & section 1(3) Statutes/Other Implemented: OL 2016 & ch 74 History: OSP 2-2017, f. & cert. ef. 6-6-17 OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17
257-095-0050 Incidents Reportable through the School Safety Tip Line Program Threats to student safety or potential threats to student safety that are reportable to the SSTL include, but are not limited to harassment, intimidation or bullying, cyberbullying, suicide or self-harm and violence against others. Statutory/Other Authority: OL 2016, ch 74 & section 1(3) Statutes/Other Implemented: OL 2016 & ch 74 History: OSP 2-2017, f. & cert. ef. 6-6-17 OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17
257-095-0060 Receipt of Tips of Reportable Incidents Tips received via the SSTL are classified and processed for appropriate school, school district or Education Service District, local law enforcement or service provider response. (1) When the SSTL receives an incoming communication, the Tip Line Technician shall: (a) Ask the caller's identity (for tips provided via phone and text) or confirm the identity of the person making the tip (for tips provided via website or application on a mobile device). If the person making the tip does not wish to disclose their identity, the Tip Line Technician shall also accept an anonymous tip; (b) The Tip Line Technician shall immediately assess the situation and ensure that students (and others) are safe from harm. The Tip Line Technician may not delay in contacting responders and/or school officials if there is an immediate threat to safety; (c) Tip Line Technicians will attempt to capture and confirm the following data by asking questions identified on templates. Components of this factual accounting process may include but are not limited to: (i) Who is/was involved in the incident? The name of any person reported to be involved in the incident must be documented. The reporter may choose to be anonymous; (ii) The school where the individual making the tip (if applicable) and student(s) involved are enrolled and the age of the students involved; (iii) Specific details about the location of incident (i.e. building name/number, floor, room number, etc.); (iv) Whether the individual reporting an incident is reporting about him/herself or another party; (v) If more than one person is involved in the incident, the relationship, if any, of those other individuals to the school or school system; (vi) What happened, (who did/said what to whom, etc.); (vii) When the incident occurred (time and date, prior events if any); (viii) Whether a school staff member was notified, and how the school responded; (ix) Whether treatment by a service provider was sought; (x) Name of additional institutions/agencies involved. (d) Tip Line Technicians will use their training and expertise to categorize by type of incident and prioritize a reported or potential threat to school safety by defined level of urgency for response. (2) The SSTL software may capture Caller ID information, email addresses, and/or Internet Protocol (IP) addresses as part of the technical solution. This information will only be retrieved, used or disclosed in accordance with Oregon Law and these rules. (3) The Tip Line Technician shall log all tip information into the SSTL system and transmit the tip electronically to the appropriate school, school district or Education Service District, service provider or local law enforcement contacts. Statutory/Other Authority: OL 2016, ch 74 & section 1(3) Statutes/Other Implemented: OL 2016 & ch 74 History: OSP 2-2017, f. & cert. ef. 6-6-17 OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17
257-095-0070 Tip Examination, Classification and Referrals (1) Once a tip is received by the SSTL, Tip Line Technicians shall classify the reported tip based on a pre-identified set of values to designate the level of threats to student safety and level of response needed; (2) Tips received by Tip Line Technicians shall be referred to the appropriate school, school district or Education Service District, service provider or law enforcement; (a) Suspicious activity or non-criminal, school-safety concerns (i.e. general tips about bullying, suspicious behavior/actions discovered on social media, fights between students, reports of individuals on school grounds who may not have an appropriate reason for being there) will be routed to schools, school districts, Education Service Districts, school administrators, service providers and also to local law enforcement if the severity of the incident warrants a law enforcement response; (b) Tips concerning potential criminal activity shall be forwarded to the appropriate law enforcement agency for that jurisdiction in addition to the notifications in subsection (2)(a); (3) When an incoming tip received by the SSTL presents or appears to present a situation of immediate danger or threat of serious harm, the Tip Line Technician shall immediately contact the appropriate law enforcement contacts, appropriate education provider contacts, or service providers relaying all known information about the tip; (4) When Tip Line Technicians determine it appropriate based on the nature of the tip and their training and experience, they will forward the tip to other hotlines that are available for reports of violence or crisis prevention; (5) Tips or requests for social services that are not within the scope of the program will be referred to other hotlines or resources as available; (6) The Tip Line Technician shall document in the SSTL system the person[s] to whom the tip was referred. Statutory/Other Authority: OL 2016, ch 74 & section 1(3) Statutes/Other Implemented: OL 2016 & ch 74 History: OSP 2-2017, f. & cert. ef. 6-6-17 OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17
257-095-0080 Information Confidentiality and Disclosure (1) Any entity or person authorized to receive information and data from the SSTL is responsible for maintaining the confidentiality of confidential information and must use and disclose any information or data it receives only as provided in these rules or required by law; (2) The SSTL may not disclose the identity of any person who submits a tip except as provided in these rules or required by law. If a person making a report chooses to identify themselves, they do so with the expectation that their identity will be disclosed only to persons authorized to receive tip information under these rules and only for the purpose of following up on tips. (3) The SSTL may release aggregated or summary tip information for reporting purposes but shall not release any confidential information. In order to protect the reporting process, limited updates may be provided as long as they do not violate any laws or policies; (4) Photo, videos and other media images received of a sexual nature shall only be forwarded to law enforcement. Information regarding the tip can be sent to the school, but not the sexual images attached to the tip; (5) Information acquired by the SSTL will not be disclosed except as provided in these rules or as required by law. Statutory/Other Authority: OL 2016, ch 74 & section 1(3) Statutes/Other Implemented: OL 2016 & ch 74 History: OSP 2-2017, f. & cert. ef. 6-6-17 OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17
257-095-0090 Anonymity Persons submitting a tip via the SSTL may choose to identify themselves or to remain anonymous. The identity of persons making reports who choose to identify themselves shall be protected and disclosed only as set out in OAR 257-095-0080(2). Statutory/Other Authority: OL 2016, ch 74 & section 1(3) Statutes/Other Implemented: OL 2016 & ch 74 History: OSP 2-2017, f. & cert. ef. 6-6-17 OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17
257-095-0100 Reporting and Data Analysis (1) Information gathered in operation of the SSTL may be utilized for the purpose of generating reports to track outcomes of actions taken in response to a tip, or used to analyze and adapt the operation of the SSTL Reports and analysis shall contain only aggregated information and shall not contain information that personally identifies reporters or any students; (2) Full SSTL data access is limited to the Department of State Police; (a) Schools, school districts and Education Service Districts shall only have access to their own school(s) or jurisdiction data for following up on tips, analysis, reporting and managing school policies; (b) Schools are responsible for the appropriate dissemination of information to law enforcement, service providers, and other authorities in accordance with these rules and any other applicable laws and rules; (c) The Department of State Police shall create annual and other reports as necessary. Reports shall contain only aggregated information and shall not contain any information that personally identifies reporters, any students, or specific schools. Statutory/Other Authority: OL 2016, ch 74 & section 1(3) Statutes/Other Implemented: OL 2016 & ch 74 History: OSP 2-2017, f. & cert. ef. 6-6-17 OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17
257-100-0015 Product Liability for Ignition Interlock Devices (1) Each device manufacturer or manufacturer’s representative must have product liability insurance with minimum liability limits of $1,000,000 per occurrence and $3,000,000 in the aggregate throughout the certification period. A manufacturer or manufacturer’s representative may not cancel, materially change, or fail to renew the coverage of the insurance company. (2) Failure to correct any discrepancies with product liability insurance within 60 calendar days from written notification from OSP, shall result in OSP removing the device from the Oregon list of qualified devices. 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 737-005-0115, 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
257-100-0035 Statewide Service Center Area Requirement (1) A manufacturer’s representative must maintain a network of certified service centers which must include a minimum of one fixed site service center located in each lettered region, illustrated on the “Oregon IID Regional Map.” (2) A manufacturer’s representative must notify OSP within 3 business days if a service center ceases operations. If a service center closure results in failure to meet the regional requirements of the service network, the manufacturer’s representative has 120 calendar days to establish a new service center to meet the Service Center Area Requirement. If the manufacturer’s representative has not established a new service center in the closed service center region within 120 calendar days of the service center’s closure, the manufacturer’s representative must have all device models uninstalled in accordance with OAR 257-100-0020 and OAR 257-100-0065. (3) OSP may revoke certifications for all certified service centers within the manufacturer’s representative’s network if a manufacturer’s representative fails to meet the service center area requirements. (4) All service centers must be located in the State of Oregon. [Publications: Publications referenced are available from the agency.] 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 1-2020, temporary amend filed 04/03/2020, effective 04/03/2020 through 09/29/2020 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 737-005-0135, 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
257-100-0040 Ignition Interlock Device Oversight Program Complaint Process (1) OSP shall provide a complaint form and process, which allows a person to submit complaints, pursuant to ORS 813.670, regarding ignition interlock device manufacturer, manufacturer’s representative, and service centers. OSP shall establish a process in which the person submits the complaint telephonically, electronically or by mail. The complaint form shall be available on OSP’s website. (2) OSP shall consider all complaints and investigate when determined appropriate. (3) During a complaint investigation, the manufacturer’s representative must make available to OSP upon request with written notice of reason, at no cost to OSP, any documents, reports, or audio recordings, if available, regarding the individual customer’s account. Such records must be in a format acceptable to OSP and provided within seven calendar days from request. Statutory/Other Authority: ORS 813.600, ORS 813.660 & ORS 813.670 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 737-005-0140, 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