justicedao/ipfs_state_laws huggingface dataset:
259-009-0063 Credit for Experience (1) A fire service professional with three years experience in a fire department may apply to be evaluated for certification based upon experience and accumulated knowledge. (2) A fire service professional may petition for credit for prior learning. The individual must describe in writing all experience and training pertinent to the standard being challenged. The material presented will be reviewed by a panel of three fire service professionals, appointed by the Department or designated staff. The fire service professionals will determine what credit, if any, should be granted to the individual. (3) Applicants may take a competency examination, if available. Applicants who fail examinations for any specific requirement will not be re-examined for a period of 60 days. Applicants who fail examinations for specific requirements may, after a 60 day interim period, apply to the Department to be re-examined by written or oral examination. Oral examinations will be conducted by a representative of the Department. (4) The Department may enter into a learning contract with a fire service professional for any standards that are needed. Upon successful completion of the contract, the individual will be granted credit for the job performance requirements. The contract must be in writing and signed by the Director or designated representative and the individual seeking credit. The contract will include a course of study, an evaluation process and a completion date. (5) The Department or its designated representative will notify the applicant of the results of the evaluation within 60 days. (6) The Department or its designated representative may grant certification to the applicant when the evaluation indicates the applicant's experience and knowledge exceed the minimum established standards (Note: See also OAR 259-009-0020). Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 History: DPSST 11-2018, minor correction filed 02/12/2018, effective 02/12/2018 DPSST 22-2013, f. & cert. ef. 10-3-13 BPSST 22-2002, f. & cert. ef. 11-18-02
259-009-0067 Lapsed Certification (1) All levels of certification of any fire service professional will be considered lapsed if the individual has not been utilized as such for more than 12 consecutive months. (2) A fire service professional whose certification has lapsed must apply for re-certification upon re-utilization as a fire service professional. (a) The fire service professional must complete a Department task book, task performance evaluation or approved training. (b) Upon successful completion of the appropriate testing or evaluation, as verified by the signature and recommendation of the agency head or designee, the fire service professional whose certification has lapsed, may request reinstatement of certification. The request must be made to the Department by submitting the appropriate form. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 & ORS 181A.500 History: DPSST 13-2018, minor correction filed 02/12/2018, effective 02/12/2018 DPSST 22-2013, f. & cert. ef. 10-3-13 DPSST 6-2007, f. & cert. ef. 3-14-07 DPSST 8-2004, f. & cert. ef. 4-23-04 BPSST 22-2002, f. & cert. ef. 11-18-02
259-009-0080 Certification of Instructors (1) The Department will certify instructors deemed qualified to teach in any of the certified training courses. (2) Instructors will be certified on the basis of minimum qualifications as established by the Department in areas of education, training, and experience. It is the continuing responsibility of the Department to see that instructors are qualified to teach. (3) Notwithstanding section (4), instructors for Department-certified courses must: (a) Be certified or trained in the subject area they are teaching; and (b) Be certified as an NFPA Fire Instructor I or be a Content Expert. (4) The Department recognizes the instructor criteria outlined in the NWCG Field Manager Course Guide (PMS 901-1) as the minimum requirements for instructor certification to instruct any Department-certified NWCG courses. When determining eligibility for instructor certification, the Department will review the NWCG standards in place at the time of application for instructor certification. (5) Applications for instructor certification must be submitted to the Department on an Instructor Certification Application (DPSST Form F-9F). (6) Applications for Content Expert instructor certification must be submitted to the Department on an Instructor Certification Application (DPSST Form F-9F) and must be accompanied by a detailed resume of individual qualifications. (7) If an application for Instructor or Content Expert instructor certification is incomplete, the application will be rejected and the applicant notified in writing of the reasons for the rejection. (8) Department-issued instructor certification is not required for teaching assignments in courses that are not certified by the Department . (9) Review of instructor certification may be initiated upon the request of an agency head, staff, or other reliable source. (10) Instructor or Content Expert instructor certification must be renewed upon the expiration of course certification or when there is a change to the certified course standard. (11) Instructors delivering a certified course are responsible for ensuring the accuracy of the student rosters by indicating if students passed, failed or did not complete the course (incomplete). Rosters must be submitted to the Department on a Department-approved form within 30 calendar days of course completion; otherwise the Department may decertify the course. (12) Instructors must provide students with a Department-approved Notice of Course Completion (NOCC) form upon successful completion of the certified course. Statutory/Other Authority: ORS 181A.410 & ORS 181A.590 Statutes/Other Implemented: ORS 181A.410 & ORS 181A.590 History: DPSST 57-2018, amend filed 07/31/2018, effective 08/01/2018 DPSST 31-2018, minor correction filed 02/23/2018, effective 02/23/2018 DPSST 8-2013, f. & cert. ef. 3-26-13 DPSST 4-2005, f. & cert. ef. 5-24-05 BPSST 22-2002, f. & cert. ef. 11-18-02
259-009-0085 Certification of Courses and Classes (1) The Department will certify courses, and classes deemed adequate to effectively teach one or more approved fire subject(s) to fire service personnel. (2) Certification will be based on the evaluation of course curriculum or subjects for instruction. (3) Facilities and equipment used for certified training will be accessible to all interested and qualified individuals. (4) The Department will certify courses at the content level. Courses certified at the content level require student demonstration of acquired knowledge, skills, or abilities. Agencies, organizations, or individuals requesting course certification at the content level must submit an application to certify a course (DPSST Form F-20), accompanied by clearly-defined NFPA standards for job performance requirements, curriculum, test questions or evaluation criteria, and evidence of instructor certification as provided in OAR 259-009-0080. Curriculum submitted to DPSST becomes the property of DPSST. (5) The Department must notify the requesting agency, organization or individual, in writing, of the denial or the granted level of course certification. If certification is granted, the instructor must submit an Application to Instruct an Approved DPSST Course (DPSST Form F-9F) to obtain rosters and a Notice of Course Completion (NOCC). (6) It is the responsibility of the requesting agency, organization, or individual, to: (a) Oversee the preparation of curriculum and to ensure its compliance with the requirements of the Department; (b) Obtain a facility and instructor(s) to be used for the course, and ensure their compliance with the requirement of the Department; (c) Develop rules and regulations governing the operation of the facility and the conduct of the trainees; (d) Administer the course; (e) Maintain an accurate record of attendance; and (f) Maintain all forms required by the Department, forwarding them within the stipulated time period. (7) Once a course is certified, it remains certified for unlimited delivery for five years, unless there is a significant change in course content, number of hours or instructor; or unless it is decertified by the Department as provided in section (9) of this rule. The Department must be notified of significant changes. (8) All course certification will expire on December 31st of the fifth year after the initial approval date. Agencies, organizations or individuals must request recertification to continue a course for each additional five years. (9) The Department must decertify a course whenever that course is deemed inadequate. The course may be recertified by the Department when satisfactory proof has been presented to the Department that the deficiencies have been corrected. (10) Fire service agencies may accredit their training programs as provided in OAR 259-009-0087. Statutory/Other Authority: ORS 181A.410 & ORS 181A.590 Statutes/Other Implemented: ORS 181A.410 & ORS 181A.590 History: DPSST 14-2018, minor correction filed 02/12/2018, effective 02/12/2018 DPSST 22-2013, f. & cert. ef. 10-3-13 DPSST 4-2005, f. & cert. ef. 5-24-05 BPSST 22-2002, f. & cert. ef. 11-18-02
259-009-0100 Miscellaneous Activities of the Board or Department (1) The Board or Department may make or encourage studies of any aspect of fire administration, including the stimulation of research by public and private agencies which will be designed to improve the Fire Protection System. (2) The Board or Department may cooperate and consult with counties, municipalities, agencies of this State, other governmental agencies, and with universities, colleges, community colleges, and other institutions concerning the development of fire safety training schools and programs or courses of instruction. (3) The Board or Department may cooperate and consult with official bodies or individuals charged by law with the responsibility for fire selection and training standards in other states. (4) The Board or Department may periodically publish or recommend that other governmental agencies publish curricula, manuals, lesson plans, brochures, newsletters, and other materials to aid departments in achieving the objectives of the Act. (5) The Department may direct, operate, or sponsor training schools and set reasonable rules and regulations for the operation and use by trainees. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 History: DPSST 16-2018, minor correction filed 02/12/2018, effective 02/12/2018 DPSST 22-2013, f. & cert. ef. 10-3-13 BPSST 22-2002, f. & cert. ef. 11-18-02
259-009-0115 Surrendering Certifications (1) A fire service professional may request that the Department accept the surrender of their fire service professional certifications. The request must be submitted in writing. (2) The fire service professional will remain certified until the Department accepts the surrender. (3) In considering whether to accept the surrender, the Department may request further information from the present or prior employer pursuant to ORS 181A.670, or conduct its own investigation, to determine if any minimum standards for certification have been violated. If the Department finds a violation of the grounds for revocation as defined in OAR 259-009-0120, the Department may proceed with initiation and review of a professional standards case pursuant to OAR 259-009-0125. (4) If the fire service professional has been issued a Notice of Intent pursuant to OAR 259-009-0130 or is the subject of a pending complaint, Department investigation or professional standards case, the Department may accept the surrender through a stipulated order revoking certification. (5) An individual with fire service professional certifications revoked pursuant to this rule is permanently ineligible for certification as a fire service professional. Statutory/Other Authority: ORS 181A.410, ORS 181A.640 & ORS 183.341 Statutes/Other Implemented: ORS 181A.410, ORS 181A.640, ORS 183.341, ORS 181A.630 & ORS 181A.650 History: DPSST 29-2020, adopt filed 10/22/2020, effective 11/01/2020
259-009-0130 Issuance of Notice of Intent, Request for Hearing and Contested Case Procedures (1) Upon a determination to proceed with a denial or revocation, the Department will prepare and serve a Notice of Intent on the fire service professional. (2) For discretionary professional standards cases when the Fire Policy Committee recommends denial or revocation of fire service professional certifications, the Department will serve the Notice of Intent on the fire service professional prior to the Board’s review. (3) Response Time: (a) A party who has been served with a Notice of Intent to Deny Certification has 60 days from the date of mailing or personal service of the Notice to file a written request for a hearing with the Department. (b) A party who has been served with a Notice of Intent to Revoke Certification has 20 days from the date of mailing or personal service of the Notice to file a written request for a hearing with the Department. (4) Default Orders: (a) If the Department does not receive a timely request for a hearing, the Notice of Intent will become a Final Order denying or revoking certification pursuant to OAR 137-003-0672. (b) For discretionary professional standards cases reviewed by the Fire Policy Committee, if the Department does not receive a timely request for a hearing the Notice of Intent will become a Final Order denying or revoking certification pursuant to OAR 137-003-0672 upon approval by the Board. (5) Hearing Request. If the Department receives a timely request for a hearing, it will refer the matter to the Office of Administrative Hearings in accordance with OAR 137-003-0515. (6) When a hearing is requested, Proposed Orders, Exceptions, and Final Orders will be issued pursuant to the applicable provision of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015. (7) Department-proposed amendments to a Proposed Order issued by an Administrative Law Judge in a case that was originally reviewed by the Fire Policy Committee and the Board must be considered and approved by the Fire Policy Committee and the Board before a Final Order can be issued. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410, ORS 181A.630, ORS 181A.640, ORS 181A.650 & ORS 183.341 History: DPSST 29-2020, amend filed 10/22/2020, effective 11/01/2020 DPSST 60-2018, adopt filed 07/31/2018, effective 08/01/2018
259-012-0001 Definitions (1) “Academy” or “OPSA” means the Oregon Public Safety Academy. (2) “Board” means the Board on Public Safety Standards and Training. (3) “Department” or “DPSST” means the Department of Public Safety Standards and Training. (4) “Director” means the Director of the Department of Public Safety Standards and Training. (5) “Dismissal” means the removal of a student from a mandated training course that results in expulsion from the Academy based upon a violation of the standards of conduct defined in OAR 259-012-0010. (6) “Employer” or “Employing Agency” means the public or private safety agency, or the law enforcement unit, that employs a public safety officer. (7) “Mandated Training Course” means a training course delivered by the Department that must be completed to meet the statutory or administrative rule requirements contained in OAR chapter 259 division 8 for minimum standards for training or certification as a public safety officer. (8) “OPSA Facilities” include conference rooms, classrooms, the dormitory, the cafeteria, campus grounds and all training venues available on the Academy’s property. (9) “Student” means a public safety officer, as defined in OAR 259-008-0005, who is attending a mandated training course at the Academy. (10) “Suspension” means the immediate removal of a student from a mandated course based upon the immediate need to preserve the integrity or safety of the classroom or training venue. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 History: DPSST 50-2018, adopt filed 06/22/2018, effective 06/22/2018
259-012-0005 Use of OPSA Facilities (1) Use of the OPSA facilities is limited to meetings, trainings or events sponsored by non-profit public safety entities, public safety providers or associations representing the public safety community. (2) The Department may charge fees for the use of the OPSA facilities, including any costs to repair or replace damaged equipment or facilities and lost or damaged keys and meal cards. (3) The Director, or an appointed designee, may prioritize dormitory lodging requests to meet the needs of the Department for the delivery of mandated public safety training courses. (4) The Director has the sole discretion to make any exception to any of the above. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 History: DPSST 69-2018, amend filed 12/04/2018, effective 12/15/2018 DPSST 50-2018, amend filed 06/22/2018, effective 06/22/2018 DPSST 4-2013, f. & cert. ef. 1-24-13 DPSST 17-2006, f. & cert. ef. 11-20-06 DPSST 8-2006(Temp), f. & cert. ef. 6-9-06 thru 12-1-06 BPSST 3-1998, f. & cert. ef. 6-30-98 BPSST 1-1998, f. & cert. ef. 5-6-98 BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98 Reverted to PS 2-1995, f. & cert. ef. 9-27-95 PS 10-1997(Temp), f. & cert. ef. 11-5-97 PS 2-1995, f. & cert. ef. 9-27-95 PS 1-1990, f. & cert. ef. 2-7-90 PS 1-1985, f. & ef. 4-24-85 PS 1-1983, f. & ef. 12-15-83
259-013-0000 Statement of Purpose and Statutory Authority (1) Purpose. The purpose of these rules is to establish the reasonable screening procedures for: (a) All public safety professionals; (b) Any individual who occupies a position requiring a license or certification or is under investigation by the Department; or (c) Reissuance of a license or certificate that is issued by the Department. (2) Authority. These rules are authorized under ORS 181A.195 and 181A.400. (3) When Rules Apply. These rules are to be applied when evaluating the criminal history of a subject individual identified in (1) of this rule. The fact that a subject individual is approved does not guarantee licensure or certification. Statutory/Other Authority: ORS 181A.195 & ORS 181A.400 Statutes/Other Implemented: ORS 181A.400 History: DPSST 17-2018, minor correction filed 02/13/2018, effective 02/13/2018 DPSST 1-2014, f. & cert. ef. 1-2-14 DPSST 17-2008, f. & cert. ef. 10-15-08
259-013-0220 Individuals Subject to Criminal Records Checks The Department may require the fingerprints of: (1) A fire service professional; (2) A public safety professional; (3) A private security provider; (4) A private investigator; (5) A polygraph intern or general license applicant; (6) A candidate for election to the office of Sheriff. Statutory/Other Authority: ORS 181A.195, 206.015 & ORS 181A.400 Statutes/Other Implemented: ORS 181A.400 History: DPSST 19-2018, minor correction filed 02/13/2018, effective 02/13/2018 DPSST 15-2015, f. & cert. ef. 7-23-15 DPSST 1-2014, f. & cert. ef. 1-2-14 DPSST 18-2012, f. & cert. ef. 8-27-12 DPSST 17-2008, f. & cert. ef. 10-15-08
259-013-0230 Criminal Records Check Required (1) Who Conducts Check. (a) The Department may request that the Department of State Police conduct a criminal records check on an individual. If a nationwide criminal records check of an individual is necessary, the Department may request that the Department of State Police conduct the check, including fingerprint identification, through the Federal Bureau of Investigation. (b) The Department may conduct criminal records checks on individuals through the Law Enforcement Data System maintained by the Department of State Police, in accordance with the adopted rules and established procedures of the Department of State Police. (2) An individual may be required to have a check in the following circumstances: (a) When a fire service professional applies for certification, the fire service professional must submit to a criminal records check as required by OAR 259-009-0059. (b) When a public safety officer applies for or is employed by a public or private safety agency, the public safety officer or applicant must submit to a criminal records check as required by OAR 259-008-0010 and 259-008-0011. (c) When a certified instructor applies for, or is employed by, a public safety agency or the Department, the certified instructor must submit to a criminal records check as required by OAR 259-008-0080. (d) When a person applies for a license to conduct polygraphs, the polygrapher or applicant must submit to a criminal records check as required by OAR 259-020-00120 or 259-020-0130. (e) When a person requests to be a candidate for elections or is elected or appointed to the Office of Sheriff, the applicant must submit to a criminal records check as required by OAR 259-008-0075. (f) When a person applies for a private security certificate or license, the applicant must submit to a criminal records check as required by OAR 259-060-0025. (g) When a person applies for a private investigator license, the applicant must submit to a criminal records check as required by OAR 259-061-0020. (h) When a check is required by federal or state laws or regulations, other rules adopted by the Department, or by contract or written agreement with the Department. Statutory/Other Authority: ORS 181A.195 & ORS 181A.400 Statutes/Other Implemented: ORS 181A.400 History: DPSST 20-2018, minor correction filed 02/13/2018, effective 02/13/2018 DPSST 15-2015, f. & cert. ef. 7-23-15 DPSST 1-2014, f. & cert. ef. 1-2-14 DPSST 18-2012, f. & cert. ef. 8-27-12 DPSST 17-2008, f. & cert. ef. 10-15-08
259-013-0235 Refusal to Consent to a Criminal records Check If any subject individual refuses to consent to a criminal records check, or refuses to be fingerprinted when required, the Department may revoke or deny any application, license or certificate issued by the Department. Statutory/Other Authority: ORS 181A.195 & ORS 181A.400 Statutes/Other Implemented: ORS 181A.400 History: DPSST 21-2018, minor correction filed 02/13/2018, effective 02/13/2018 DPSST 17-2008, f. & cert. ef. 10-15-08
259-013-0240 Oregon Criminal Records Check Process (1) Processing. (a) The Department will obtain criminal records information from the Oregon State Police Law Enforcement Data System and from other sources of criminal, judicial and motor vehicle information. (b) The Department will authorize one or more designees to receive and evaluate Oregon criminal records information from the Oregon State Police as allowed by applicable statutes. (c) A subject individual may be required to obtain and provide additional criminal, judicial or other background information to the Department or its authorized designee. (d) Criminal records information obtained from the Law Enforcement Data System must be handled in accordance with applicable Oregon State Police requirements in ORS chapter 181A and OAR chapter 257, division 15. (2) Additional Information Required. The Department may require additional information from a subject individual in order to conduct an Oregon Criminal Record Check. The information may include, but is not limited to, proof of identity, residential history, names used while living at each residence, or additional criminal, judicial, or other background information. Statutory/Other Authority: ORS 181A.195 & ORS 181A.400 Statutes/Other Implemented: ORS 181A.400 History: DPSST 22-2018, minor correction filed 02/13/2018, effective 02/13/2018 DPSST 17-2008, f. & cert. ef. 10-15-08