justicedao/ipfs_state_laws huggingface dataset:
259-059-0030 Entity Representative Required / Entity Representative Responsibilities (1) Private security entities must designate an entity representative. (2) The entity representative must be the principal owner or principal partner who exercises operational control over the entity or a qualified designee of the principal owner or principal partner. (3) The entity representative is responsible for: (a) Completing the examination for licensure; (b) Signing for and submitting the application for licensure; (c) Providing notice to the Department of changes of information per OAR 259-059-0190; (d) Receiving and responding to Notices and any other communication from the Department relating to the private security entity’s license; and (e) Maintaining the private security entity’s compliance with ORS 181A.840 to 181A.918 and OAR Chapter 259 Division 59. (4) To change the entity representative after the license has been issued, the new entity representative must: (a) Notify the Department in writing within 10 business days of the change; (b) Submit proof of a passing score on the private security entity examination for licensure administered by the Department; and (c) Submit a new application for licensure if there have been any changes in the financially interested parties since the last application was submitted. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0040 Period of Licensure / Temporary Authorization Form (1) A private security entity license is valid for one year unless the license is suspended or revoked. The licensing period is July 1 through June 30 of each year. Any license not renewed by June 30 will expire. (2) The Department may combine the issuance of an initial license with the renewal of the license when there are six months or less left in the initial licensing period. (3) The Department may issue a Temporary Authorization Form to an applicant after receipt of an application for licensure and the license fee. (4) A Temporary Authorization Form expires when: (a) The license is issued; (b) The application process is administratively terminated; or (c) The license is denied or refused renewal. (5) When a private security entity is sold, the license or Temporary Authorization Form for the former private security entity is considered expired, effective on the final date of sale. (6) A person may not operate as a private security entity with an expired license or expired Temporary Authorization Form. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0050 Examination for Licensure (1) The applicant, through the entity representative, must successfully pass a qualifying examination (exam) for licensure. The purpose of the exam is to test the applicant’s knowledge of the private security entity’s responsibility to prevent sexual assault, sexual harassment and discrimination in the workplace. (2) The exam must be completed for issuance and renewal of a license. (3) The exam may be completed anytime within the 60 days before the submission of an application for licensure. (4) The exam is administered by the Department and delivered online. (5) The minimum passing score for the exam is 80%. (6) Any individual who takes the exam is prohibited from disclosing the contents of the exam, including the exam questions and answers, to anyone or any entity. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 & ORS 181A.904 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0070 Fees and Payments (1) The Department charges the following fees: (a) Private Security Entity License Fee - $936. (b) Late Renewal Fee - $50. A late fee is required when the Department receives an application for renewal after June 30. (c) Duplicate or Replacement License Fee - $24. (d) Non-sufficient Funds (NSF) Penalty Fee - $25. (2) When issuing an initial license, the Department may prorate the Private Security Entity License Fee in accordance with the remaining portion of the licensing period. (3) Payments. (a) The Department accepts business checks, money orders, cashier’s checks, and credit cards approved by the Department. Credit card payments may require submission of additional verification information as designated by the Department. The Department does not accept personal checks or cash. (b) Fees for licensure are due at the time of application. (c) Amounts due to the Department for fees or penalties are non-refundable and non-transferable. (d) Applicants who choose to withdraw their application or fail to complete the application process forfeit their fees. (4) If the Department receives payment of any fees or penalty by check and the check is returned to the Department as a non-sufficient funds (NSF) check, the payer of the fees or penalty will be assessed an NSF penalty fee in addition to the required payment of the fees or penalty. (5) Overpayment of Amounts Due. (a) The Department will reject payments that include an overpayment of the amount due that is $10.01 or more. (b) The Department may accept payments that include an overpayment of the amount due when the overpaid amount is $10.00 or less. (c) Overpayment amounts that are $10.00 or less will only be refunded upon receipt of a written request from the applicant or entity representative who made the overpayment, or the private security entity’s legal representative. The written request must be received by the Department within three years of the overpayment. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 History: DPSST 1-2025, amend filed 01/23/2025, effective 02/01/2025 DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0090 Private Security Equipment, Vehicles, Uniforms, and Titles (1) It is unlawful for a private security provider or an entity that employs private security providers to possess or use in the scope of employment equipment, vehicles, uniforms or titles that imply that the provider or entity is affiliated with a public or private safety agency as defined in ORS 181A.355. This includes, but may not be limited to, the following prohibited acts: (a) Titles used to identify a private security provider may not be a title commonly used by public or private safety agencies to identify a law enforcement officer, including, but not limited to, “officer,” “police officer,” “peace officer,” “law enforcement officer,” “agent,” “deputy,” “trooper,” or “detective.” This does not apply to the use of “security officer” or the use of rank structure titles such as “sergeant,” “lieutenant,” or “chief.” (b) Vehicles, uniforms, and the badges, patches, name tags, or other identifying labels permanently or temporarily affixed to a uniform or used for identification may not display a prohibited title as defined in subsection (a) above. (c) Uniforms may not resemble a law enforcement uniform in style or color unless the uniform prominently displays the word “security.” “Security” may be used in combination with other private security terms such as, but not limited to, “private security,” “security officer,” or “security guard.” (d) Vehicles may not resemble a law enforcement vehicle in style or color unless the vehicle prominently displays the word “security” on the front, rear, and sides of the vehicle. “Security” may be used in combination with other private security terms such as, but not limited to, “private security,” “security officer,” or “security guard.” (e) Vehicles may not be equipped with red and blue light bars. (f) Vehicles may not be equipped with bumpers capable of ramming another vehicle to cause a stall or cages unless there is a demonstrated business need and the private security entity has a written policy or procedure addressing the use of the equipment. (2) A violation of a prohibited act outlined in section (1) of this rule may result in issuance of a civil penalty under OAR 259-059-0400 or the denial, refusal to renew, revocation, or suspension of a license under OAR 259-059-0410 . Statutory/Other Authority: ORS 181A.870 & ORS 181A.893 Statutes/Other Implemented: ORS 181A.870 & ORS 181A.893 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0095 Prohibited Entity Names (1) Private security entities are prohibited from using a name that implies that the private security entity is, or is affiliated with, an existing law enforcement unit or public safety agency as defined in ORS 181A.355, the organized militia as described in ORS 396.105, the Armed Forces of the United States, a federal law enforcement agency or a federal intelligence agency. (2) Private security entities operating under a name prior to July 1, 2016, are exempt from this restriction for as long as the private security entity is owned by the person that owned it on July 1, 2016 . Statutory/Other Authority: ORS 181A.870 & ORS 181A.893 Statutes/Other Implemented: ORS 181A.870 & ORS 181A.893 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0100 Designation of an Executive Manager (1) Private security entities must have a designated executive manager who is licensed by the Department under ORS 181A.870 and OAR Chapter 259 Division 60. (2) Private security entities may employ or contract with more than one executive manager. (3) Private security entities must notify the Department in writing within 10 business days when the private security entity changes its designated executive manager. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0110 Required Policies Private security entities must demonstrate the existence of use of force and citizen arrest policies unless the private security entity exclusively monitors alarm systems. For the purposes of this rule, demonstration of the existence of these policies means the policies must be provided to the Department upon request. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0120 General Liability Insurance (1) Private security entities must be covered by a general liability insurance policy that includes public liability, personal injury, and property damage insurance covering all aspects of the private security services being provided. (2) The general liability insurance policy must name the private security entity as the primary insured with minimum liability limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. (3) The proof of the existence of adequate insurance required for the application for licensure must include the name of the private security entity , the insured amounts, the policy number, the policy expiration date, and the name, business address, and phone number of the insurance company. (4) Private security entities must maintain general liability insurance at all times. (5) If the general liability insurance is cancelled or the private security entity changes insurance companies, the private security entity must: (a) N otify the Department in writing within 10 business days of the cancellation or change; and (b) Submit proof of insurance to the Department within 10 business days of the effective date of the new policy. (6) If the private security entity is a public body as defined in ORS 30.260, upon approval by the Department, the private security entity may meet its obligation to maintain general liability insurance through: (a) The purchase of insurance as described in this rule; (b) The use of self-insurance or assessments paid under ORS 30.282 that is substantially similar to the types and amounts of insurance coverage described in this rule; or (c) A combination of any or all of the foregoing. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0130 Proof of Ability to Pay Wages (1) Private security entities must provide proof of financial ability to promptly pay the wages of executive managers, private security professionals, and supervisory managers employed by or who contract with the private security entity. Except as provided in section (6) of this rule, the form of proof must be one of the following: (a) A corporate surety bond; (b) An irrevocable letter of credit; (c) A cash deposit; or (d) A deposit the equivalent of cash. (2) Private security entities must maintain a surety bond, irrevocable letter of credit, or deposit at all times. The amount required for proof of ability to pay wages is based on the number of executive managers, private security professionals, and supervisory managers employed by or who contract with the private security entity. The bond, letter of credit, or deposit must be: (a) $5,000 when a private security entity has 10 or fewer executive managers, private security professionals, and supervisory managers; (b) $10,000 when a private security entity has 11 to 20 executive managers, private security professionals, and supervisory managers; (c) $20,000 when a private security entity has 21 to 50 executive managers, private security professionals, and supervisory managers; or (d) $30,000 when a private security entity has more than 50 executive managers, private security professionals, and supervisory managers. (3) Private security entities using a surety bond or irrevocable letter of credit as proof of ability to pay wages must: (a) Notify the Department in writing within 10 business days of a cancellation or change of guarantor; and (b) Submit new proof of ability to pay wages to the Department within 10 business days of the notice required above. (4) An irrevocable letter of credit submitted to the Department is subject to approval by the Department prior to the issuance of a license. (5) Private security entities using a cash deposit or a deposit the equivalent of cash must complete a trust agreement with the Department. The deposit must be in a form approved by and payable to the Department of Public Safety Standards and Training. (6) If the private security entity is a public body as defined in ORS 30.260, upon approval by the Department, the private security entity may provide proof of the ability to pay wages in the form of a financial officer statement attesting to the private security entity’s ability to promptly pay the wages. This private security entity may also submit additional evidence such as profit and loss statements, bank account records, personnel records, or payroll records demonstrating that, during the licensing period, the private security entity has been paying the wages to their executive managers, private security professionals, and supervisory managers. The Department may request such additional evidence if not provided by the private security entity. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0140 Firearms Qualifications, Qualification Records, and Notice Requirements (1) Private security entities employing armed private security professionals must ensure that each armed private security professional successfully completes a firearms qualification for each firearm make, model, and caliber that the armed private security professional will possess or have access to while performing private security services. (2) The firearms qualifications required to comply with this rule must be completed before the armed private security professional can provide armed private security services where they would possess or have access to the corresponding make, model, and caliber of firearm. (3) Firearms Qualifications Courses. (a) Handgun qualifications for the make, model, and caliber of the handgun that the armed private security professional will possess or have access to while performing private security services must be conducted by a Department-certified private security firearms instructor using the qualification standards and targets found in the Department’s Basic Firearms Course for armed private security professionals. (b) Rifle, shotgun, or other long gun qualifications must be conducted using an applicable qualification course for the make, model, and caliber of the rifle, shotgun, or long gun that the armed private security professional will possess or have access to while performing private security services and must be conducted by a qualified firearms instructor, as determined by the private security entity. (4) Private security entities must maintain records, for at least three years, that demonstrate compliance with this rule such as the name of the armed private security professional, the make, model, and caliber of each firearm that the armed private security professional possesses or has access to while performing private security services, and the dates and records of the firearms qualifications. The records must be provided to the Department upon request. (5) Private security entities must notify the Department in writing within 48 hours of knowledge that a certified armed private security professional or private security firearms instructor employed by the private security entity becomes ineligible to purchase, own, or possess a firearm. The notification must list all facts known of the circumstances causing the ineligibility and must identify a person whom the Department may contact for additional information. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 & ORS 181A.906 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0150 Professional Workplace Training Requirements (1) Private security entities must provide the Professional Workplace Training Course to each private security provider. The Professional Workplace Training Course must be completed within the following timelines: (a) If the private security provider is employed by the private security entity at the time of licensure, at least once during the first year in which the license is issued; (b) If the private security provider is hired after the issuance or renewal date of the license, within 90 days of the private security provider’s initial date of hire; and (c) At least once every two years after the renewal of a license. (2) The Professional Workplace Training Course is the training course obtained by the Department, through the Bureau of Labor and Industries, for licensees to use to provide training on: (a) Preventing sexual assault and sexual harassment in the workplace; (b) Preventing discrimination in the workplace and promoting cultural competency; and (c) Educating the workforce regarding protection for employees who report a violation of a state or federal law, rule or regulation. (3) The Department will provide the Professional Workplace Training Course online, as self-paced training. (4) Private security providers must be provided with paid time to complete the Professional Workplace Training Course and may not be required or permitted to perform their regular work duties during the time they are taking the training. (5) Private security entities must provide private security providers with access to the appropriate resources to complete the Professional Workplace Training Course such as, but not limited to, a computer, a printer, and internet access. (6) Private security entities must maintain records, for at least three years, that demonstrate compliance with this rule such as the name of the private security provider, the private security provider’s date of hire, and the date the private security provider completed the training. The records must be provided to the Department upon request. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 & ORS 181A.908 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0160 Statement of Employee Rights and Remedies (1) Private security entities must provide a written statement of employee rights and remedies to each private security provider at the time of hiring. (2) The statement of employee rights and remedies must provide a plain language description of the employee’s rights and remedies under the following laws: (a) ORS 181A.840 to 181A.918 – Private Security Entity Licensing; (b) ORS Chapter 652 - Hours; Wages; Wage Claims; Records; (c) ORS Chapter 653 - Minimum Wages; Employment Conditions; Minors; (d) ORS Chapter 654 - Occupational Safety and Health; (e) ORS Chapter 656 - Workers’ Compensation; (f) ORS Chapter 657 – Unemployment Insurance; (g) ORS Chapter 657B – Family and Medical Leave Insurance; (h) ORS Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement; (i) ORS 659A.150 - 659A.186 – Oregon Family Leave Act; (j) The Service Contract Act (41 U.S.C. 351-401); and (k) The National Labor Relations Act (29 U.S.C. 151-169). (3) The Department provides a form for licensees to use to comply with this rule. Licensees may use any form for providing this information to private security providers so long as it contains all the elements in the form provided by the Department. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 & ORS 181A.913 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024
259-059-0170 Statement of Terms and Conditions of Employment (1) Private security entities must provide a written statement of terms and conditions of employment to each private security provider at the time of hiring. (2) The statement of terms and conditions of employment must provide, at a minimum, a description of the following elements: (a) Rate of pay, including the method of computing the rate of compensation; (b) Eligibility for overtime; (c) Scheduling information; (d) Worksite locations; (e) Equipment and uniforms; (f) Vehicle use in the scope of employment; (g) Use of firearms in the scope of employment; and (h) Disclosure of the existence of a labor dispute at a worksite. (3) Licensees may use any form for providing this information to private security providers so long as it contains all the elements listed in section (2) above. The Department provides a sample form that licensees may use to comply with this rule. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.900 & ORS 181A.913 History: DPSST 5-2024, adopt filed 04/25/2024, effective 05/01/2024 DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/01/2023 through 05/28/2024