justicedao/ipfs_state_laws huggingface dataset:
259-070-0010 Eligibility (1) Eligibility of award applies to public safety officers who suffered a qualifying death or disability on or after October 23, 1999. The following subsections codify the effective dates and legislative changes to eligible beneficiaries. Subject to availability of funds, the Board may award benefits to: (a) Family members of public safety officers who suffered a qualifying death or disability after January 1, 1997, but prior to October 23, 1999. See Chapter 981, Oregon Laws 1999. (b) Family members of public safety officers who suffered a qualifying death or disability on or after October 23, 1999. See Chapter 981, Oregon Laws 1999. (c) Public safety officers who suffered a qualifying disability on or after January 1, 2002. See Chapter 493, Oregon Laws 2001. (d) Family members and parents of public safety officers who suffered a qualifying death or disability on or after January 1, 2004. See Chapter 259, Oregon Laws 2003. (e) Family members, parents, and designees of public safety officers who suffered a qualifying death or disability on or after January 1, 2008. See Chapter 378, Oregon Laws 2007. (f) Regulatory specialists who suffered a qualifying disability on or after January 1, 2024. See Chapter 212, Oregon Laws 2023. (g) Family members, parents, and designees of regulatory specialists who suffered a qualifying death or disability on or after January 1, 2024. See Chapter 212, Oregon Laws 2023. (2) Prior to acceptance of an initial application, any individual applying for benefits based on a qualifying disability must provide satisfactory evidence that they meet the definition of "permanent total disability" found in ORS 656.206 and OAR 436-030-0055. Satisfactory evidence is established by submitting: (a) Proof of Determination of Permanent Total Disability in compliance with the Worker's Compensation Division of the Department of Consumer and Business Services; or (b) Competent written vocational testimony by a person fully certified by the State of Oregon to render vocational services that the applicant meets the definition of "permanent total disability" found in ORS 656.206 and OAR 430-030-0055. (3) For the purposes of ORS 243.954(3)(a), “spouse” includes members of same-sex couples whose marriage was validly performed in another jurisdiction, effective January 1, 2014. Statutory/Other Authority: ORS 243.970 Statutes/Other Implemented: ORS 243.956 History: DPSST 6-2024, amend filed 07/08/2024, effective 07/10/2024 DPSST 34-2014, f. & cert. ef. 12-30-14 DPSST 22-2014(Temp), f. & cert. ef. 8-11-14 thru 2-6-15 DPSST 18-2011, f. & cert. ef. 12-28-11 DPSST 20-2008, f. & cert. ef. 10-15-08 DPSST 1-2007, f. & cert. ef. 1-12-07 DPSST 12-2005, f. & cert. ef. 11-15-05 BPSST 3-2002, f. & cert. ef. 2-11-02 BPSST 5-2000, f. & cert. ef. 9-29-00 BPSST 2-2000(Temp), f. 4-21-00, cert. ef. 4-27-00 thru 10-16-00
259-070-0050 Transition Process for Current Beneficiaries (1) A family member or public safety officer who had a qualifying death or permanent total disability and who applied for scholarship benefits prior to January 1, 2006, shall continue to be eligible to apply for scholarship benefits under the terms that were operative until January 1, 2004, awarding benefits for undergraduate degrees only. (2) A family member or public safety officer who had a qualifying death or permanent total disability and who was receiving health and dental benefits prior to January 1, 2004, shall continue to receive health and dental benefits for up to five years or until the spouse remarries, whichever occurs first; and until the child(ren) attain 18 years of age (or 23 years of age if the child(ren) is attending school. (3) A family member, designee, child or dependent of a public safety officer who suffered a qualifying death, or a public safety officer who had a permanent total disability, and who was receiving health and dental benefits prior to January 1, 2018, shall continue to receive health and dental benefits in accordance with the timelines defined in ORS 243.956 (5) and (6) under the Board’s supplemental application process for discretionary benefits that was operative prior to January 1, 2018. Statutory/Other Authority: ORS 243.956 & ORS 243.970 Statutes/Other Implemented: ORS 243.956 & ORS 243.970 History: DPSST 53-2018, amend filed 06/22/2018, effective 06/22/2018 DPSST 12-2005, f. & cert. ef. 11-15-05 BPSST 5-2000, f. & cert. ef. 9-29-00 BPSST 2-2000(Temp), f. 4-21-00, cert. ef. 4-27-00 thru 10-16-00
265-001-0001 Model Rules of Procedure Pursuant to ORS 183.341, the Commission adopts the Attorney General’s Model Rules of Rulemaking under the Administrative Procedures Act as amended and effective March 1, 2022. Statutory/Other Authority: ORS 243.812 (12) Statutes/Other Implemented: ORS 243.812 (12) History: CSLES 1-2022, adopt filed 03/28/2022, effective 03/28/2022
265-001-0005 Notice of Proposed Rules Prior to adoption, amendment or repeal of any permanent rule, the Commission shall give notice of the intended action: (1) 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; (2) By mailing or e-mailing a copy of the Notice to persons on the mailing list established pursuant to ORS 183.335 (8) at least 28 days prior to the effective date of the rule; (3) 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; and (4) By mailing, e-mailing, or furnishing a copy of the notice to the following at least 28 days prior to the effective date of the rule: (a) The Associated Press; (b) The Capitol Press Room; (c) Each District Attorney in the state; (d) Each Sheriff in the state; (e) Each Chief of Police in the state; (f) The Superintendent of the Oregon State Police; (g) The Director of the Oregon Department of Corrections; and (h) Each civilian or community oversight board, agency, or review body as defined in ORS 243.812(15)(b). Statutory/Other Authority: ORS 243.812 (12) History: CSLES 1-2024, amend filed 02/05/2024, effective 02/05/2024 CSLES 4-2022, adopt filed 06/30/2022, effective 06/30/2022 CSLES 3-2022, temporary adopt filed 03/28/2022, effective 03/28/2022 through 09/23/2022
265-001-0010 Public Records Requests (1) A request to inspect or obtain copies of a public record or information from public records shall be made in writing and must include the following information: (a) Name, address, email address, and telephone number of the requester; and (b) A specific description of the records requested and time period records were produced. (2) The Commission will charge fees pursuant to ORS 192.324 and the Oregon Department of Administrative Services Standardized Public Records Requests Fees and Charges Statewide Policy 107-001-030 and ensure that all charges reflect no more than the actual cost to the Commission of producing and processing the public records request. This includes fees for: (a) Staff time necessary to identify, locate, summarize or compile the record as requested; (b) Attorney fees and staff time associated with the screening of materials or redacting information that is exempt from disclosures (c) Supervision of on-site inspection of the public record by the requester; (d) Customary fee per page or other media for reproduction, handling and assembling of copies to be provided; and (e) Postage or similar expenses and special supplies or services necessary to furnish the records. (3) The requester must pay all fees for access of a public record in advance. Statutory/Other Authority: ORS 243.812 (12) History: CSLES 4-2022, adopt filed 06/30/2022, effective 06/30/2022 CSLES 3-2022, temporary adopt filed 03/28/2022, effective 03/28/2022 through 09/23/2022
265-005-0005 Application of Oregon Revised Statutes These rules are subject to the Oregon Revised Statutes, including but not limited to ORS 243.808, 236.350, and 243.706. Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022
265-005-0010 Burden of Proof (1) For any collective bargaining agreement entered into or renewed on or after July 1, 2021, for all disciplinary actions imposed upon a law enforcement officer, a disciplining body has the burden to prove by a preponderance of evidence that the officer engaged in misconduct and that any disciplinary action taken against the officer was with just cause as defined by ORS 236.350. (2) No collective bargaining agreement entered into or renewed on or after July 1, 2021, may include a standard of just cause for law enforcement officers other than the standard as defined in ORS 243.808 and 236.350. Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 6-2022, minor correction filed 10/04/2022, effective 10/04/2022 CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022
265-005-0015 Disciplinary Action for Misconduct Not Identified By These Rules Upon a finding of misconduct not specifically identified within these rules, a disciplining body may take disciplinary action pursuant to the employing law enforcement agency’s policies and practices so long as the disciplinary action is consistent with these rules. Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022
265-005-0020 Multiple Instances of Misconduct; Arbitrary and Capricious Discipline (1) For purposes of an arbitration proceeding concerning multiple instances of alleged misconduct by a law enforcement officer, if the arbitrator finds that a disciplining body has not met its burden of proof by a preponderance of the evidence to show that: (a) The officer engaged in one or more of the instances of alleged misconduct, or (b) That the disciplinary action taken against the officer was with just cause, as defined in ORS 236.350, for one or more of the instances of misconduct, the arbitrator must rescind the disciplinary action imposed on those allegations of misconduct and refer the matter back to the disciplining body. (2) The disciplining body may, at its discretion, amend the disciplinary action on any instances of misconduct upheld by the arbitrator. (3) In determining the reasonableness of a disciplinary action imposed by a disciplining body, including the appropriateness of the discipline imposed, the arbitrator shall rescind the discipline imposed and refer the matter back to the disciplining body if the arbitrator finds that the disciplinary action was arbitrary and capricious. (4) Nothing in this rule precludes the exclusive representative of the law enforcement officer from continuing the arbitration proceeding regarding a disciplinary action imposed after the referral by the arbitrator. (5) An arbitrator who refers a matter back to the disciplining body under paragraph (1) or (3), shall retain jurisdiction over any arbitration proceeding initiated under paragraph (4). Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022
265-005-0025 Incorporation of Rules All disciplining bodies shall adopt policies incorporating these rules. The failure of a disciplining body to adopt policies incorporating these rules does not impair the application of these rules. Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022
265-005-0030 Application of Aggravating and Mitigating Factors (1) A disciplining body shall impose the presumptive sanction required by these rules unless it finds that one or more of the aggravating or mitigating factors enumerated in OAR 265-015-0035 justifies a departure from the presumptive sanction. (2) If the disciplining body determines that a mitigated sanction is justified, it shall impose a sanction that is no less than the mitigated sanction for the specific instance of misconduct but may impose a sanction that is no more than the presumptive sanction. (3) Except when the presumptive sanction for misconduct is termination, if the disciplining body determines that an aggravated sanction is justified, it shall impose a sanction that is no more than the aggravated sanction for the specific instance of misconduct but may impose a sanction that is no less than the presumptive sanction. (4) A disciplining body shall not apply an aggravating or mitigating factor if the factor is already included in determining whether misconduct occurred (example: intentionality). (5) A disciplining body has the discretion to impose mitigated or aggravated sanctions as permitted by these rules. A disciplining body shall document its reasoning, including whether it found aggravating or mitigating factors and the relative weight it gave to each factor, for imposing a disciplinary action other than the presumptive sanction. Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022
265-010-0001 Sexual Assault A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct constituting an act of sexual assault: (1) The presumptive sanction shall be termination. (2) The mitigated sanction shall be suspension without pay, salary reduction, demotion, or a written reprimand. Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022
265-010-0005 Sexual Harassment A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct constituting sexual harassment: (1) The presumptive sanction shall be demotion, suspension without pay, or salary reduction. (2) The mitigated sanction shall be a written reprimand. (3) The aggravated sanction shall be termination. Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022
265-010-0010 Assault A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct constituting an act of intentional assault without justification: (1) The presumptive sanction shall be termination. (2) The mitigated sanction shall be suspension without pay, salary reduction, demotion, or a written reprimand. Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022
265-010-0015 Unjustified or Excessive Use of Physical or Deadly Force (1) A disciplining body shall impose upon a law enforcement officer disciplinary action of termination upon a finding that the officer engaged in misconduct constituting unjustified or excessive use of deadly physical force by the officer that results in death or serious physical injury. (2) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct constituting unjustified or excessive use of physical force by the officer that results in death or serious physical injury: (a) The presumptive sanction shall be termination. (b) The mitigated sanction shall be suspension without pay, salary reduction, demotion, or a written reprimand. Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022
265-010-0020 Conduct that is Motivated by or Based on a Real or Perceived Factor of an Individual’s Race, Ethnicity, National Origin, Sex, Gender Identity, Sexual Orientation, Religion, or Homelessness (1) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct in violation of statutory or constitutional law by intentionally targeting an individual for a suspected violation of law based solely on the individual’s real or perceived race, ethnicity, national origin, sex, gender identity, sexual orientation, religion, or homelessness: (a) The presumptive sanction shall be termination. (b) The mitigated sanction shall be suspension without pay, salary reduction or demotion. (2) It is not misconduct under this rule if the law enforcement officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law. Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022
265-010-0025 Moral Character (1) For the purposes of this rule, lack of good moral character means conduct constituting: (a) A felony under state or federal law (b) Domestic violence (c) Stalking (d) A drug-related offense, except for offenses involving use or possession of marijuana (e) A bias or hate crime under state or federal law (f) A sex crime (g) Untruthfulness (h) Misuse of authority for financial gain. (2) If a law enforcement officer is convicted of a crime based on conduct identified in subsection (1) of this rule, proof of the conviction is conclusive evidence that the conduct occurred. (3) A disciplining body shall impose upon a law enforcement officer disciplinary action of termination upon a finding that the officer engaged in misconduct demonstrating a lack of good moral character. Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022
265-010-0030 The Use of Drugs or Alcohol While on Duty (1) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the law enforcement officer engaged in misconduct by unlawfully using a controlled substance while on duty. (a) The presumptive sanction shall be termination. (b) The mitigated sanctions shall include suspension without pay, a salary reduction, or demotion. (2) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the law enforcement officer engaged in misconduct by being impaired to a noticeable or perceptible degree due to the consumption of an alcoholic beverage while reporting to duty or while on duty. (a) The presumptive sanction shall be termination. (b) The mitigated sanctions shall be suspension without pay, a salary reduction, demotion, or written reprimand. (3) For the purposes of this rule, “being impaired to a noticeable and perceptible degree” includes having a BAC greater than 0.02. Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022
265-010-0035 Aggravating and Mitigating Factors (1) Aggravating Factors: (a) Prior disciplinary history. (b) Delay in reporting. (c) Intentional conduct. (d) Significant impact upon the agency’s mission, reputation, or relationship with the community. (e) Significant nature and extent of property damage or harm. (f) Efforts to conceal or cover up conduct or behavior. (g) Does not accept responsibility if misconduct is undisputed. (h) Motivated by personal interest or gain. (i) Failure to meet documented expectations. (j) Supervisory position. (k) Failed or declined to attempt to de-escalate the encounter even though feasible to do so. (l) Low probability or limited potential for rehabilitation. (m) The nature of the event allowed time for deliberate reflection or action. (n) Victim’s vulnerability. (o) The presence of training or experience that is germane to the incident. (2) Mitigating Factors: (a) Positive employment history. (b) Self-reported the violation. (c) Unintentional conduct. (d) Limited impact upon the agency’s mission, reputation, or relationship with the community. (e) Limited nature and extent of property damage or harm. (f) Attempt to ameliorate or correct the conduct or behavior. (g) Promptly accepted responsibility. (h) Motivated by public interest or wellbeing of others. (i) No repeated or other sustained misconduct. (j) Role of the officer (subordinate to supervisor on scene). (k) Attempted to de-escalate the encounter. (l) Potential for rehabilitation. (m) The nature of the event was unpredictable, volatile, or unfolded rapidly, not allowing time for deliberate action. (n) Extraordinary circumstances or hardships that may be relevant. (o) The lack of training or experience that is germane to the incident. Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022
274-001-0000 Notice of Proposed Rule Prior to the adoption, amendment, or repeal of any rule, the Director of Veterans' Affairs shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date. (2) By mailing a copy of the notice to the following persons, organizations, or publications at least 28 days before the effective date: (a) Associated Press; (b) Advisory Committee to the director; (c) Oregon Department of Veterans' Affairs' mailing list in accordance with ORS 183.335(8); (d) Legislative Counsel; and (e) Legislators designated in ORS 183.335(15). Statutory/Other Authority: Ch. 602, OL 1997, 183, 406.030, 407.115, 407.135, 407.145, 407.275, 407.305 & 407.375 Statutes/Other Implemented: Ch. 602, OL 1997, 183, 406.030, 406.040, 407.115, 407.177, 407.275, 407.315 & 407.375 History: DVA 6-2004, f. & cert. ef. 4-16-04 DVA 4-1997, f. & cert. ef. 10-22-97 DVA 4-1996, f. & cert. ef. 7-22-96 DVA 11-1993, f. 12-20-93, cert. ef. 12-22-93 DVA 5-1993, f. 3-16-93, cert. ef. 3-21-93 DVA 1-1982, f. 1-15-82, ef. 2-1-82 DVA 44, f. & ef. 12-1-75
274-001-0005 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the Department of Veterans' Affairs adopts the Uniform and Model Rules of Procedure as contained in Appendix G of the "Attorney General's Administrative Law Manual and Uniform and Model Rules of Procedure" dated January 2012. A copy of this manual is on file with the Department of Veterans' Affair, 700 Summer Street NE, Salem, Oregon, and is available for public review Monday through Friday between the hours of 8 a.m. and 5 p.m. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Department of Veterans’ Affairs.] Statutory/Other Authority: ORS 183.341 & 406.030 Statutes/Other Implemented: ORS 183.341 & 406.030 History: DVA 1-2013, f. & cert. ef. 5-15-13 DVA 5-2008, f. & cert. ef. 3-25-08 DVA 7-2006, f. & cert. ef. 6-27-06 DVA 6-2004, f. & cert. ef. 4-16-04 DVA 1-2002, f. & cert. ef. 1-18-02 DVA 11-2000, f. & cert. ef. 12-14-00 DVA 4-1998, f. & cert. ef. 3-26-98 DVA 4-1996, f. & cert. ef. 7-22-96 DVA 8-1991, f. & cert. ef. 12-3-91 DVA 4-1990, f. 7-13-90, cert. ef. 8-20-90 DVA 5-1988, f. & cert. ef. 10-27-88 DVA 3-1986, f. & ef. 2-18-86 DVA 12-1983, f. & ef. 10-7-83 DVA 9-1981, f. & ef. 11-19-81 DVA 2-1980, f. & ef. 5-16-80 DVA 1-1978, f. & ef. 4-20-78 DVA 46, f. & ef. 4-20-76 DVA 43, f. 10-22-73, ef. 11-11-73 DVA 41, f. 12-1-71, ef. 12-15-71