justicedao/ipfs_state_laws huggingface dataset:
259-060-0600 Forms The Department utilizes the following forms: (1) PS-1 — Application for Licensure or Certification of Private Security Services Provider. (2) PS-3 — Private Security Order Forms Sheet. (3) PS-6 — Affidavit of Instructor and Private Security Provider Testing Results. (4) PS-7 — Private Security Instructor Evaluation. (5) PS-8 — Private Security Instructor Continuing Education. (6) PS-9 — Private Security Waiver for Reciprocity. (7) PS-20 — Private Security Services Provider Temporary Work Permit. (8) PS-21 — Renewal of Private Security Services Licensure or Certification. (9) PS-23 — Private Security Services Provider Change of Information. (10) PS-24 — Executive Manager Information Form. Statutory/Other Authority: ORS 181A.870 Statutes/Other Implemented: ORS 181A.870 History: DPSST 31-2020, amend filed 11/06/2020, effective 01/01/2021 DPSST 4-2017, f. & cert. ef. 3-22-17 DPSST 16-2016, f. & cert. ef. 9-22-16 DPSST 30-2012, f. & cert. ef. 12-26-12 DPSST 15-2006, f. & cert. ef. 10-13-06 DPSST 6-2006, f. & cert. ef. 5-15-06 BPSST 13-2002, f. & cert. ef. 4-30-02 BPSST 4-2002(Temp), f. & cert. ef. 2-25-02 thru 7-1-02 Reverted to BPSST 3-2000, f. & cert. ef. 8-10-00 BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru 2-18-02 BPSST 8-2001(Temp), f. & cert. ef. 8-22-01 thru 2-18-02 BPSST 3-2000, f. & cert. ef. 8-10-00 BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99 BPSST 3-1999(Temp), f. & cert. ef. 3-9-99 thru 9-5-99 BPSST 3-1998, f. & cert. ef. 6-30-98 BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98 BPSST 1-1998, f. & cert. ef. 5-6-98 Reverted to PS 9-1997, f. & cert. ef. 8-20-97 PS 10-1997(Temp), f. & cert. ef. 11-5-97 PS 9-1997, f. & cert. ef. 8-20-97
259-061-0010 Fees and Payments (1) 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 application fees. (2) Fees charged by the Department include: (a) Private Investigator License Fee - $690; (b) Provisional Investigator License Fee - $690; (c) New Application Fee - $29; (d) Fingerprint Criminal History Check Fee - The current fee for processing a fingerprint criminal history check may be obtained from the Department. This fee is to recover the costs of administering the fingerprint check through the Oregon State Police and the Federal Bureau of Investigation. This fee is separate from and does not apply to any fees charged by a fingerprinting services vendor. An additional fee will be charged for the third submittal of fingerprint cards when rejected for filing by the FBI; (e) Late Renewal Fee - $35. A late fee is required when the Department receives an application for renewal after the expiration date; (f) Duplicate or Replacement License Fee - $24; (g) Reactivation of Inactive License Fee (OAR 259-061-0160) - $50; and (h) Non-sufficient Funds (NSF) Penalty Fee - $25. (3) 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. (4) 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 person who made the overpayment, or the person's legal representative. The written request must be received by the Department within three years of the overpayment. Statutory/Other Authority: ORS 703.480 & ORS 293.445 Statutes/Other Implemented: ORS 703.480 & ORS 293.445 History: DPSST 2-2025, amend filed 01/23/2025, effective 02/01/2025 DPSST 14-2022, amend filed 11/01/2022, effective 11/01/2022 DPSST 4-2022, temporary amend filed 03/10/2022, effective 03/10/2022 through 09/05/2022 DPSST 20-2021, amend filed 10/28/2021, effective 01/01/2022 DPSST 23-2020, amend filed 10/22/2020, effective 10/29/2020 DPSST 1-2017, f. & cert. ef. 3-22-17 DPSST 3-2016, f. & cert. ef. 3-22-16 DPSST 1-2013, f. & cert. ef. 1-2-13 DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0018 Investigator Licensure Requirements and Exemptions (1) A person may not act as an investigator or represent themselves as an investigator unless they are licensed as described in ORS 703.430 and these rules. (2) The following rules provide further definition of the exemptions from licensure found in ORS 703.401 to 703.490. (a) Persons described in ORS 703.411 are exempt from regulation as private investigators. (b) For the purposes of ORS 703.411(1), a person is “employed exclusively by one employer in connection with the affairs of that employer only” when; (A) The person has one, exclusive employer; and (B) The person conducts investigations on behalf of that employer only. This subsection does not apply to a person who conducts investigations on behalf of the employer’s clients. (C) Subsection (b) of this rule applies as of August 9, 2011. (c) The exemption found in ORS 703.411(2) includes individuals providing investigatory work through a contract or sub-contract for the federal government while the individual is performing the duties of the office or employment. (d) For the purposes of this rule, the expert witness exemption to private investigator licensing requirements found in ORS 703.407 does not apply to an individual hired as an investigator to obtain or furnish information who later testifies as to the factual information obtained during the investigation. Statutory/Other Authority: ORS 703.480 Statutes/Other Implemented: ORS 703.407, ORS 703.411, ORS 703.430, ORS 703.450 & ORS 703.480 History: DPSST 58-2018, amend filed 07/31/2018, effective 08/01/2018 DPSST 3-2017, f. & cert. ef. 3-22-17 DPSST 1-2016, f. & cert. ef. 3-22-16 DPSST 16-2012, f. & cert. ef. 7-2-12 DPSST 1-2012(Temp), f. & cert. ef. 2-6-12 thru 7-31-12
259-061-0040 Minimum Standards for Licensure (1) An applicant for licensure as a private investigator must satisfy all license qualifications pursuant to ORS 703.415 and 703.425. (2) Legal Name. The Department requires use of the applicant’s or investigator’s legal name as the name of record for all Department purposes. A license issued to the investigator will display the legal name. When an investigator legally changes their name they must report the legal name change to the Department within 10 days of the change using Form PI-23 and provide a copy of proof of the name change. (3) Moral Fitness. All private investigators must be of good moral fitness as determined by criminal background check, department investigation, or other reliable sources. (a) Lack of good moral fitness includes, but is not limited to, mandatory or discretionary disqualifying misconduct as described in OAR 259-061-0300. (b) For the purposes of this standard, the Department, through the Policy Committee and Board, has defined core values that are integral to the private investigator profession. These values are: (A) Character. Good character includes being respectful and courteous, being faithful and diligent, using discretion, demonstrating compassion and exhibiting courage; (B) Honesty. Honesty includes integrity, credibility, acting honorably, adhering to the facts and maintaining confidences; (C) Striving for Justice. Striving for justice includes just treatment, the quality or characteristics of being just, impartial, fair and non-discriminatory; (D) Public Trust. Public trust includes maintaining public confidences, being law-abiding and adhering to recognized industry standards; and (E) Respect for the laws and constitutions of this state and nation. Statutory/Other Authority: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480 Statutes/Other Implemented: ORS 703.401 - 703.995 History: DPSST 21-2020, amend filed 09/14/2020, effective 10/01/2020 DPSST 11-2014, f. & cert. ef. 5-5-14 DPSST 12-2008, f. & cert. ef. 7-15-08 DPSST 7-2008(Temp), f. & cert. ef. 5-15-08 thru 10-16-08 DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0095 Administration of the Exam (1) The Department will adopt a test of professional investigator competency. (2) Department staff or department approved designee will proctor the exam at a time and place established by staff or the designee. Statutory/Other Authority: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480 Statutes/Other Implemented: ORS 703.401 - 703.995 History: DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0100 Exam Results (1) The minimum passing score for the exam is 86%. (2) The exam may be administered to an applicant no more then three consecutive times. If the applicant does not pass the exam on the third attempt, the applicant must wait one year from the date the last exam was taken to re-take the exam. Statutory/Other Authority: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480 Statutes/Other Implemented: ORS 703.401 - 703.995 History: DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0110 Temporary License (1) An individual licensed or certified to perform private investigations in another jurisdiction may apply for a temporary investigator’s license to perform investigative services in the state of Oregon under the following conditions: (a) The individual’s private investigator’s license or certification is current and in good standing with the issuing jurisdiction; (b) The individual completed a background check as required by the issuing jurisdiction in order to obtain the license or certification; (c) The individual holds proof of a corporate surety bond, an irrevocable letter of credit issued by an Oregon commercial bank as defined in ORS 706.008, or errors and omission insurance in the amount of at least $5,000; and (d) The case being investigated originated from the private investigator’s licensing or certifying jurisdiction. (2) A completed Form PI-9 (Temporary Investigator License) must be submitted electronically or mailed and postmarked to the Department within 72 hours of beginning any investigatory services in Oregon. (3) A temporary investigator’s license is valid for a total of 30 aggregate days per calendar year from the first day of performing investigatory services in Oregon. (4) Investigators providing services in Oregon with a temporary investigator’s license are required to maintain a record of the dates that they have performed investigatory services in Oregon and must provide that record to the Department upon request. (5) Investigators providing services in Oregon with a temporary investigator’s license must: (a) Obey all rules of conduct and ethics that apply to Oregon private investigators; (b) Obey state laws as they pertain to the duties of investigations for Oregon private investigators; (c) Have in their possession a copy of the Form PI-9 at all times while performing investigative services in this state and must be able to present the temporary investigator’s license to any Department staff member, law enforcement officer or any other person upon reasonable request; (d) Not solicit, initiate new cases or open a business in Oregon; (e) Not perform investigatory services in Oregon for more than 30 aggregate days per calendar year; and (f) Apply for Oregon licensure as a private investigator if providing investigatory services for more than 30 aggregate days per calendar year. (6) Violations of the law or these administrative rules may be considered grounds for: (a) Administrative proceeding or court action, up to and including civil penalty, as outlined in OAR 259-061-0200 (Compliance); or (b) Denial, suspension or revocation of the temporary investigator’s license as outlined in OAR 259-061-0300 (Denial/Suspension/Revocation). (7) Complaints received by the Department will be forwarded to the investigator’s licensing or certifying jurisdiction. (8) The intent of this rule is to allow out-of-state investigators to temporarily conduct lawful business in this state. Statutory/Other Authority: ORS 703.480 Statutes/Other Implemented: ORS 703.425, 703.430, 703.435, 703.450, 703.460 & 703.465 History: DPSST 1-2017, f. & cert. ef. 3-22-17 DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0120 Interim Investigators License (1) A person may request an interim investigator's license to perform investigative work while the person’s application for licensure as a private or provisional investigator is being processed by the Department if the person: (a) Only provides investigatory services for a licensed private investigator, an attorney, or another employer who has requested that the person be issued an interim investigator’s license; (b) Has never been convicted of, pled guilty or no contest to, or forfeited security for a crime; (c) Has submitted to the Department all required application materials as prescribed in OAR 259-061-0020, including all fees and proof of a passing score on the Private Investigatory Proficiency Exam; and (d) Has submitted to the Department a signed Interim Investigator License (PI-20), postmarked on or before the first day the applicant performs investigatory services. (2) The interim license is valid for 120 days from the date the PI-20 is submitted, until the private investigator or provisional license is issued by the Department or upon written notice that the Department has administratively terminated the license for any reason. Statutory/Other Authority: ORS 703.430 & 703.480 Statutes/Other Implemented: ORS 703.430 & 703.480 History: DPSST 19-2015, f. & cert. ef. 12-22-15 DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0130 Copying and Distribution of the Exam (1) No person, school, association or any other entity is authorized to copy or distribute any exam administered by the Department without prior written authorization; (2) Applicants who take the exam must not disclose to anyone or any entity the contents of the exam including the exam questions and answers. Statutory/Other Authority: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480 Statutes/Other Implemented: ORS 703.401 - 703.995 History: DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0140 Educational Substitutes for Experience (1) Completion of a related course of study at an educational institution licensed or approved by a State Department of Education or other State approving agency, and approved by the Department may be substituted for up to 500 hours of the required work experience. Correspondence courses, online courses, or similar coursework will be evaluated on a case-by-case basis. (2) Educational substitutions applied toward the required work experience will be granted on a three to one (3 to 1) basis and will be calculated using clock hours spent in class. For example, three hours in class would equate to one hour of allowable experience; (3) Applicants must provide the Department or its authorized representative verifiable documentation in the form of sealed certified transcripts or an official certificate from the administering institution(s) showing successful completion of study in the related subject matter; (4) The Department or its authorized representative will review the subject matter of the applicant's education on an individual basis; (5) Certified transcripts or official copies of certificates presented to the Department in an envelope sealed by the program or institution or instructor and verified as sealed may be accepted directly from the applicant; (6) If a program or institution granting credit is no longer in business, the Department will accept for review a copy of a certificate of completion or transcript or diploma in the required subject matter and hours. The Department may require additional information to verify the authenticity of such documents. Statutory/Other Authority: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480 Statutes/Other Implemented: ORS 703.401 - 703.995 History: DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0150 Provisional Investigator Upgrade to Private Investigator (1) The license of a Provisional Investigator will be upgraded to a Private Investigator license when the applicant provides verifiable documentation that he or she has performed 1500 hours of investigatory work, or completed a course of study approved by the Department. (2) The expiration date for a provisional investigator’s current license will not change when upgraded to a private investigator unless the upgrade is granted at the time of renewal or a new application and fee is received. Statutory/Other Authority: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480 Statutes/Other Implemented: ORS 703.401 - 703.995 History: DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0160 Applying for Inactive Status (1) Licensed investigators may apply to have their license inactivated at any time during a licensure period by submitting a DPSST Inactive and Reactive Application (PI-17). Investigators whose licenses are on an inactive status may not work as an investigator. (2) License reactivation may be applied for at any time during a licensure period by submitting a PI-17, along with payment of the license reactivation fee. (3) Entering into inactive status does not affect the expiration date of an investigator’s license or the application or reapplication timelines found in OAR 259-061-0010. Statutory/Other Authority: ORS 703.480 Statutes/Other Implemented: ORS 703.445 & 703.480 History: DPSST 3-2016, f. & cert. ef. 3-22-16 DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0180 Maintaining Current Information Within 10 days of a change, a licensed investigator or applicant for licensure must notify the Department in writing of any changes to name, home address, home phone number, mailing address, business name, business address, or business phone number. Statutory/Other Authority: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480 Statutes/Other Implemented: ORS 703.401 - 703.995 History: DPSST 7-2006, f. & cert. ef. 5-15-06
259-061-0195 Investigator Rules of Professional Conduct (1) Licensed investigators are required to comply with the requirements of conduct found in ORS 703.450. A violation of any of these standards may result in civil penalty pursuant to OAR 259-061-0200 or denial, suspension or revocation of the investigator’s license pursuant to OAR 259-061-0300. (2) In addition to the requirements found in ORS 703.450 (8), any contracts provided by a licensed investigator to provide investigatory services must include the investigator’s legal name and Department-issued investigator license number. (3) For the purposes of ORS 703.450 (17), licensed investigators must maintain their client’s confidentiality by not intentionally revealing or releasing information about their client to a third party without the consent of the client or a clear legal reason. What is considered confidential information is to be determined between the investigator and their client. For the purposes of the Department’s enforcement of client confidentiality, the determination of what is confidential must be documented between the licensed investigator and their client. Statutory/Other Authority: ORS 703.480 Statutes/Other Implemented: ORS 703.480 & ORS 703.450 History: DPSST 58-2018, adopt filed 07/31/2018, effective 08/01/2018
259-061-0240 Continuing Education Requirements (1) Licensed investigators are required to complete the following continuing education requirements during each two-year licensure period. (a) A licensed private investigator must complete at least 32 hours of continuing education. At least two of the hours must be in ethics. (b) A licensed provisional investigator must complete at least 40 hours of continuing education. At least two of the hours must be in ethics. (2) “Continuing education” means any educational endeavor that reasonably could be considered beneficial to the work of the investigator. (3) Continuing education may be completed in-person, remotely, or through self-study. (4) Continuing education sources include, but are not limited to: (a) Participation in conferences or educational courses offered by trade schools or colleges, whether as an attendee or a presenter; (b) Independent studies; (c) Publishing articles related to the field of investigation; and (d) Training, classes, seminars, workshops, lectures, and webinars. (5) Completion of the continuing education must be reported through a Department-approved submission process. The report may be submitted during the current licensure period or with the application for renewal. (a) The Department may require the investigator to describe how the reported continuing education is beneficial to their work as an investigator. (b) The Department may reject reported continuing education that it does not reasonably consider beneficial to the work of the investigator. (6) If an investigator exceeds the required continuing education hours during a two-year licensure period, the investigator may report the additional hours to the Department and request that the hours carry over to the next licensing period. (a) The maximum carryover is 15 hours per licensing period. (b) Additional hours in ethics may carry over as part of the total number of hours completed but may not be used to satisfy the requirement to complete at least two hours in ethics during each licensing period. Statutory/Other Authority: ORS 703.480 Statutes/Other Implemented: ORS 703.430, ORS 703.480 & ORS 703.447 History: DPSST 9-2023, amend filed 10/26/2023, effective 10/26/2023 DPSST 8-2020, temporary amend filed 03/31/2020, effective 04/01/2020 through 09/27/2020 DPSST 2-2019, minor correction filed 04/17/2019, effective 04/17/2019 DPSST 2-2015, f. & cert. ef. 1-5-15 DPSST 7-2006, f. & cert. ef. 5-15-06
259-070-0005 Definitions The following definitions are adopted in addition to the definitions provided in ORS 243.954: (1) "Board" means the Public Safety Memorial Fund Board. (2) "Department" means the Department of Public Safety Standards and Training. (3) “Final Order of Eligibility” means the final order issued by the Department stating the Board’s determination on whether or not the public safety officer suffered a qualifying death or disability. The final order of eligibility becomes the established basis for eligibility when the Board makes determinations for discretionary benefit awards pursuant to ORS 243.956 and OAR 259-070-0020. (4) "Fund" means the Public Safety Memorial Fund. Statutory/Other Authority: ORS 243.970 & ORS 243.950 Statutes/Other Implemented: ORS 243.954 History: DPSST 51-2018, amend filed 06/22/2018, effective 06/22/2018 DPSST 20-2008, f. & cert. ef. 10-15-08 DPSST 12-2005, f. & cert. ef. 11-15-05 BPSST 3-2002, f. & cert. ef. 2-11-02 BPSST 1-2001, f. & cert. ef. 1-16-01 BPSST 5-2000, f. & cert. ef. 9-29-00 BPSST 4-2000(Temp), f. & cert. ef. 9-29-00 thru 3-3-01 BPSST 2-2000(Temp), f. 4-21-00, cert. ef. 4-27-00 thru 10-16-00