justicedao/ipfs_state_laws huggingface dataset:
259-007-0100 Electronic Procurement and Submittals (1) Electronic Procurement and Offers Authorized. (a) DPSST may conduct all phases of a Procurement under these rules, including without limitation the posting of Electronic Advertisements and the receipt of Electronic Offers, by electronic methods if and to the extent DPSST specifies in the Written instructions of a Solicitation Document how to participate in the Procurement. (b) DPSST must open Electronic Offers in accordance with electronic security measures in effect at the time of its receipt of the Electronic Offer. (c) DPSST may use electronic or digital Signatures in issuing, awarding, or executing any Solicitation, Procurement or Contract. DPSST’s use of electronic or digital Signatures must be consistent with all applicable statutes and rules. (d) If DPSST determines that Proposal security is or will be required, DPSST must not authorize Electronic Offers unless it has established methods for receipt of such security. (2) Receipt of Electronic Offers. (a) If DPSST requires Electronic Offers in a Solicitation Document, the Offeror must submit an Electronic Offer in accordance with the Solicitation Document. DPSST must not consider Electronic Offers unless authorized by the Solicitation Document. (b) When DPSST conducts an electronic Procurement, all Electronic Offers must be submitted by the date and time identified in the Solicitation Document. (c) A Person may withdraw an Electronic Offer at any time prior to the specified date and time in accordance with the Solicitation Document. (3) Failure of the Electronic Procurement System. In the event of a failure of an Electronic Procurement System or electronic mail system that interferes with the ability of Persons to submit Electronic Offers, to protest or to otherwise participate in the Procurement, DPSST may cancel the Procurement or may extend the date and time for receipt of Electronic Offers by providing notice of the extension immediately after the Electronic Procurement System or electronic mail system becomes available. Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070 Statutes/Other Implemented: ORS 279A.065 & ORS 279A.070 History: DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023
259-007-0110 Amendments to Contracts (1) For Procurements under OAR 259-007-0010(1), see OAR 137-047-0800. (2) For Procurements under OAR 259-007-0010(2), see OAR Chapter 125, Divisions 246, 247, 248, and 249. (3) Contracts from Small or Intermediate Procurements. DPSST may amend a Contract awarded as a small or intermediate Procurement pursuant to section (2) of this rule, provided that the total increase in price does not exceed the amount set forth in OAR 137-047-0265 for small Procurements or OAR 137-047-0270 for intermediate Procurements. (4) Price Agreements. DPSST may amend a Price Agreement as follows: (a) As permitted by the Price Agreement; (b) For Price Agreements subject to ORS Chapter 279B, if the circumstances set forth in ORS 279B.140(2) exist; or (c) As permitted by applicable law. Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070 Statutes/Other Implemented: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070 History: DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023
259-007-0120 Protests (1) For Procurements under OAR 259-007-0010(1), see OAR Chapter 137 Division 046. (2) For Procurements under OAR 259-007-0010(2), see OAR Chapter 125 Divisions 247, 248, and 249, as applicable. Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070 Statutes/Other Implemented: ORS 279A.065 & ORS 279A.070 History: DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023
259-008-0000 Policies and Objectives (1) The Board and Department adopt the following policies in response to ORS 181A.365: (a) The Board and Department exist to develop talented individuals into public safety providers who are: (A) Culturally competent; (B) Ethically, physically and emotionally fit; and (C) Well trained, highly skilled and responsive to the needs of their communities. (b) The Board and Department will promote the safety, efficiency, effectiveness, self-sufficiency and competence of public safety agencies and professionals. (c) The Board and Department will encourage participation among public and private security, law enforcement, telecommunications and corrections organizations, the related organizations with whom they work as well as the interests of the communities they serve. (d) The Board and Department will work together on matters related to public safety standards, training and certification. (e) The Board may adopt or approve any policy, standard or minimum requirement related to public safety certifications and training. (f) The Department may administer operations and procedures and implement or apply the policies and standards of the Board. (g) The Department is a full department of the state. (2) The objectives of the Board and Department are: (a) To improve public safety services in Oregon by raising the level of competence of public safety personnel and their support staffs: (A) By setting minimum standards for all levels of career development in areas such as employment; promotion; education; physical, emotional, intellectual, and moral fitness; and any other matter that relates to the competence and reliability of a person seeking employment or promotion within public safety. (B) By setting minimum standards for training and certifying public safety personnel for all levels of professional development, basic through executive; (C) By providing, sponsoring, certifying or coordinating training courses for public safety personnel. (b) To conduct and stimulate research to improve the police, fire service, corrections, adult parole and probation, emergency medical dispatch and telecommunicator professions. Statutory/Other Authority: ORS 181A.410 & ORS 181A.365 Statutes/Other Implemented: ORS 181A.410 & ORS 181A.365 History: DPSST 30-2018, minor correction filed 02/21/2018, effective 02/21/2018 DPSST 11-2015, f. 6-23-15, cert. ef. 7-1-15 DPSST 14-2009, f. & cert. ef. 12-15-09 BPSST 22-2002, f. & cert. ef. 11-18-02 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 Renumbered from 259-010-0000, PS 1-1990, f. & cert. ef. 2-7-90 PS 1-1983, f. & ef. 12-15-83 PS 1-1979, f. 10-1-79, ef. 10-3-79 PS 12, f. & ef. 12-19-77
259-008-0001 Board and Department Policies for the Impacts of COVID-19 In recognition of the statewide impacts of COVID-19, the Board authorizes the Department to exercise the following discretion in its enforcement of certification and maintenance standards for public safety professionals. (1) The Department may approve exceptions to the timelines for completion and submission of employment, training and certification documentation or standards where permissible by statute and rule. This authority expires on December 31, 2021. (2) The Department may include additional time that accounts for periods of Oregon Public Safety Academy closure or restricted availability due to COVID-19 when approving a public or private safety agency’s request for a time extension to complete a public safety professional’s training and certification. This authority expires on December 31, 2021. (3) The Department may suspend enforcement of certification maintenance standards upon a finding that the public safety professional’s ability to comply with the maintenance requirements was impacted by COVID-19. This authority expires on December 31, 2022. (4) In the event additional issues arise due to COVID-19, the Department may use discretion as needed and where permissible by statute and rule to balance compliance of the Board’s minimum standards with state and federal COVID-19 requirements. This authority expires on December 31, 2021. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 History: DPSST 17-2020, adopt filed 09/14/2020, effective 09/15/2020
259-008-0017 Public Records (1) A private safety agency that employs a public safety professional subject to the Department’s certification requirements must retain all documentation related to a public safety professional’s employment, training and certification in a manner, and for the period of time, consistent with the requirements of the Secretary of State’s administrative rules relating to records retention by public bodies. (2) Documentation related to a public safety professional’s employment, training and certification includes, but is not limited to: (a) Any documentation related to an employment investigation, or pending or final disciplinary action related to a public safety professional; (b) A public safety professional’s personnel record, including any documentation related to a personnel investigation or disciplinary action; (c) A public safety professional’s training record; (d) A public safety professional’s payroll records. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 History: DPSST 32-2018, minor correction filed 02/23/2018, effective 02/23/2018 DPSST 3-2010, f. 4-12-10, cert. ef. 5-1-10
259-008-0018 Authorized Signer / Signature Authority (1) When a document is required to be signed by the employing agency the document must be signed by one of the following: (a) The department head of a public safety agency; (b) A currently certified public safety professional authorized by the department head of a public safety agency; (c) A manager or supervisor authorized by the department head of a private safety agency; or (d) When the employing agency is not a public or private safety agency, a manager or supervisor within the human resources division of the agency. (2) Documents may include, but are not limited to, any DPSST form, letter, affidavit, or supporting documentation submitted to DPSST. (3) Course attendance rosters may also be signed by the training sponsors, or instructors, or agency personnel as designated by the department head. (4) DPSST has the discretion to make an exception to any of the above at any time. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 History: DPSST 46-2018, adopt filed 04/27/2018, effective 05/01/2018
259-008-0040 Period of Service (1) No person may be employed as a police officer, parole and probation officer, telecommunicator, emergency medical dispatcher, or regulatory specialist for more than 18 months unless that officer, telecommunicator, emergency medical dispatcher or regulatory specialist has been certified under the provisions of ORS 181A.355 to 181A.420 and the certification has neither lapsed nor been revoked. (2) No person may be employed as a corrections officer for more than one year unless that officer has been certified under the provisions of ORS 181A.355 to 181A.420 and the certification has neither lapsed nor been revoked. (3) For purposes of this rule, the Department will count all periods of full-time employment identified in subsection (1) and (2) in the aggregate if: (a) An individual was reclassified from a certifiable position to a non-certifiable position for a period of less than six months; and (b) The individual is then returned to a certifiable position in the same discipline, while employed with the same employer. (4) The Board or its designee, upon the facts contained in an affidavit accompanying the request for an extension, may find good cause for failure to obtain certification within the time period described in section (1) or (2) of this rule. If the Board finds that there is good cause for such failure, the Board may extend for up to one year the period that a person may serve as a law enforcement officer, telecommunicator, or emergency medical dispatcher without certification. The grant or denial of such an extension is within the sole discretion of the Board. (5) The Board, or its designee, may further extend the time period for a law enforcement officer, telecommunicator, or emergency medical dispatcher who has been deployed to full-time active military duty during the time period described in section (1) or (2) of this rule. Conditions for certification upon an individual’s return to his or her employer, may include, but are not limited to: (a) Remediation of Basic course; (b) Successful completion of Career Officer Development Course; (c) Demonstrated proficiency of skills and ability; (d) F-2 or F-2T (Medical Form). Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 History: DPSST 46-2018, amend filed 04/27/2018, effective 05/01/2018 DPSST 18-2015, f. 12-22-15, cert. ef. 1-1-16 DPSST 11-2015, f. 6-23-15, cert. ef. 7-1-15 DPSST 3-2010, f. 4-12-10, cert. ef. 5-1-10 DPSST 7-2005, f. & cert. ef. 8-5-05 BPSST 8-2002, f. & cert. ef. 4-3-02 BPSST 13-2001(Temp), f. & cert. ef. 10-26-01 thru 4-10-02 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 Renumbered from 259-010-0047, PS 1-1990, f. & cert. ef. 2-7-90 Renumbered from 259-010-0020, PS 1-1983, f. & ef. 12-15-83 PS 12, f. & ef. 12-19-77
259-008-0045 Education Credits (1) Credit for preservice or in-service college education will not be accepted in lieu of the Basic Course described in OAR 259-008-0025. (2) Education credits or college degrees submitted to the Department for inclusion on a public safety professional’s official record must have been earned from one of the following recognized sources: (a) A degree-granting community college, college or university accredited by a recognized national or regional accrediting body; (b) A community college, college or university whose coursework or degree has been accepted for credit by a degree granting community college, college or university accredited by a recognized national or regional accrediting body; (c) A degree-granting college or university recognized by the Oregon Office of Degree Authorization under the provisions of ORS 348.604; or (d) The American Council on Education’s credit recommendation on the Joint Services Transcript (JST) used by the Army, Marine Corps, Navy, and Coast Guard. (e) For purposes of this rule, a recognized national or regional accrediting body is one recognized by the U.S. Department of Education, or the Council on Higher Education Accreditation (CHEA), or its predecessor. (3) Any education credits obtained in a foreign country, which are claimed to be comparable to credits or a college degree granted by a licensing body in the United States or US Territories must be evaluated by a credentialing agency that is a member of the National Association of Credential Evaluation Services (NACES). The credentialing agency must send an evaluation to the Department for approval, at the applicant's expense, before any educational credit is accepted as equivalent. (4) Documentation of Education Credits. The Department must receive official transcripts from a recognized source as defined in section (2) of this rule prior to entering education credits on a public safety professional’s official record. (a) Each quarter credit unit granted by a recognized source operating on a quarterly schedule will equal one education credit. (b) Each semester credit unit granted by a recognized source operating on a semester schedule will equal 1-1/2 education credits. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 History: DPSST 20-2016, f. 12-27-16, cert. ef. 1-1-17 DPSST 9-2008, f. & cert. ef. 7-15-08 DPSST 4-2006, f. & cert. ef, 2-28-06 BPSST 4-2001, f. & cert. ef. 8-22-01 BPSST 5-1999, f. & cert. ef. 7-29-99 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 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, Renumbered from 259-010-0051 PS 1-1983, f. & ef. 12-15-83, Renumbered from 259-010-0025 PS 12, f. & ef. 12-19-77
259-008-0067 Lapse and Expiration of Public Safety Professional Certifications (1) Law enforcement officer certifications lapse after a law enforcement officer has been separated from their certifiable position for a consecutive period greater than three months. (2) Telecommunicator and emergency medical dispatcher (EMD) certifications lapse after a telecommunicator or EMD has been separated from their certifiable position for a consecutive period greater than 12 months. (3) Public safety professional certifications do not lapse when the public safety professional is on leave from their employing agency. (4) Public safety professional certifications expire after a public safety professional has been separated from their certifiable position for a consecutive period greater than five years, except when the Department has opened a professional standards case. The Department will stay the expiration of a public safety professional’s certifications when the expiration would occur while the public safety professional is under review for a moral fitness violation as defined in OAR 259-008-0300. (5) In order for the Department to reactivate a lapsed certification or issue a new certification following the expiration of public safety certifications, the public safety professional must meet the discipline specific minimum employment, training and certification requirements outlined in OAR chapter 259 division 008 and reapply for certification as required by OAR 259-008-0060. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.500, ORS 181A.520, ORS 181A.530 & ORS 181A.550 History: DPSST 12-2020, minor correction filed 05/04/2020, effective 05/04/2020 DPSST 4-2020, amend filed 01/30/2020, effective 02/15/2020 DPSST 7-2019, amend filed 07/26/2019, effective 08/01/2019 DPSST 33-2018, minor correction filed 02/23/2018, effective 02/23/2018 DPSST 19-2014, f. & cert. ef. 7-23-14 DPSST 5-2014, f. & cert. ef. 1-29-14 DPSST 19-2013, f. & cert. ef. 9-23-13 DPSST 10-2013(Temp), f. & cert. ef. 6-5-13 thru 10-1-13 DPSST 7-2010, f. 7-15-10, cert. ef. 8-1-10 DPSST 5-2004, f. & cert. ef. 4-23-04 BPSST 9-2003, f. & cert. ef. 4-22-03
259-008-0075 Determinations of Eligibility to be a Candidate for Election to the Office of Sheriff (1) Persons seeking an eligibility determination to be a candidate for election to the office of sheriff must: (a) File a nominating petition or declaration of candidacy with the county clerk or county official in charge of elections prior to submitting an application for an eligibility determination to the Department; and (b) Submit a completed application form, including any necessary supporting documentation, to the Department through a Department-approved submission process. (2) When the Department receives an application completed pursuant to section (1) of this rule, the Department must determine whether or not the applicant met the eligibility requirements on the date the applicant filed their nominating petition or declaration of candidacy. (3) The Department will file a copy of its determination with the county clerk or county official in charge of elections in accordance with ORS 206.015. Statutory/Other Authority: ORS 206.015 & ORS 181A.410 Statutes/Other Implemented: ORS 206.015 & ORS 181A.410 History: DPSST 66-2018, amend filed 10/25/2018, effective 11/01/2018 DPSST 23-2017, amend filed 12/29/2017, effective 01/01/2018 DPSST 7-2017, f. 3-22-17, cert. ef. 4-1-17 DPSST 17-2014, f. & cert. ef. 7-23-14 DPSST 1-2014, f. & cert. ef. 1-2-14 DPSST 18-2013, f. & cert. ef. 7-23-13 DPSST 11-2013, f. & cert. ef. 6-24-13 DPSST 3-2010, f. 4-12-10, cert. ef. 5-1-10 DPSST 9-2007, f. & cert. ef. 8-15-07 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 Renumbered from 259-010-0057, PS 1-1990, f. & cert. ef. 2-7-90 PS 2-1987, f. & ef. 10-26-87 PS 1-1983, f. & ef. 12-15-83 PS 2-1982, f. & ef. 9-7-82 PS 1-1982, f. & ef. 7-2-82 PS 1-1981, f. 9-26-81, ef. 11-2-81
259-008-0076 Eligibility Requirements for Police Chief (1) In addition to the minimum standards for employment and training as a law enforcement officer as described in OAR 259-008-0010 and 259-008-0025, a person accepting employment as a Police Chief must: (a) Be currently certified as a police officer by the Department; or (b) If the person is not currently certified as a police officer by the Department, the person accepting employment as Police Chief must obtain certification no later than 18 months after accepting such employment. (2) Any person accepting employment as Police Chief must obtain Management certification by the Department within two (2) years of accepting employment as Police Chief, unless an extension is requested in writing and granted by the Department. (3) The Department may grant an extension of time to obtain a Management certificate upon presentation of evidence by a law enforcement unit that a Police Chief was unable to obtain the certification within the required time limit due to being on leave, or any other reasonable cause as determined by the Department. No extension will be granted beyond one year. (4) The employing agency must maintain documentation of a Police Chief's qualifications. (5) The employing agency must notify the Department within 10 business days of any personnel action for a Police Chief as required by OAR 259-008-0020. (6) Failure to obtain a Management Certificate as required in section (2) or (3) above, will result in the immediate suspension of the Police Chief's certification: (a) A Police Chief with a suspended certification is prohibited from performing the duties of, or working in any capacity as, a Police Chief or Acting Police Chief; (b) Prior to recertification of a Police Chief's suspended certificate, the department head must submit the following: (A) A written request for recertification, along with an explanation of the individual's current job duties and why the Department should recertify the individual if they are not currently in a certifiable police officer position; or (B) Verification that a Management Certificate was obtained, if the individual is requesting reinstatement as a Police Chief. (c) A police chief whose certification has been suspended pursuant to this rule must notify the Department, pursuant to OAR 259-008-0020, that the individual is no longer serving as, or performing the duties of, police chief prior to reactivating their police certification; (d) A Police Chief who fails to recertify within 2-1/2 years is subject to the provisions of OAR 259-008-0025; (e) A Police Chief who fails to recertify within five (5) years is subject to the provisions of OAR 259-008-0025. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: ORS 181A.410 & ORS 181A.490 History: DPSST 23-2017, amend filed 12/29/2017, effective 01/01/2018 DPSST 11-2016, f. 7-25-16, cert. ef. 7-29-16 DPSST 31-2012, f. & cert. ef. 12-27-12 DPSST 7-2010, f. 7-15-10, cert. ef. 8-1-10 DPSST 9-2007, f. & cert. ef. 8-15-07 DPSST 13-2005, f. & cert. ef. 12-7-05