justicedao/ipfs_state_laws huggingface dataset:
259-013-0250 National Criminal Records Check Process (1) National Criminal Records Check. In addition to an Oregon criminal records check (OAR 259-013- 0240), the Department may require a national criminal records check consistent with the requirements for licensure or certification. (2) Processing. The individual must complete and submit a fingerprint card when requested by the Department. (3) Additional Information Required. In order to conduct a national check, the Department may require additional information such as, but 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 23-2018, minor correction filed 02/13/2018, effective 02/13/2018 DPSST 15-2015, f. & cert. ef. 7-23-15 DPSST 17-2008, f. & cert. ef. 10-15-08
259-013-0260 Potentially Disqualifying Crimes A conviction of any of the following crimes is potentially disqualifying. The lists include offenses that are crimes and may include offenses that are classified as violations or infractions for purposes of eligibility for licensure or certification. (See ORS 161.505 through 161.585). (1) Any crime or offense listed in OAR 259-008-0070; (2) Any crime listed in OAR 259-009-0070; (3) Any crime listed in OAR 259-060-0300; (4) Any crime listed in OAR 259-061-0300. (5) Any federal crime. (6) Any unclassified felony defined in Oregon Revised Statutes not listed elsewhere in this rule. (7) Any other felony in Oregon’s or any other jurisdiction’s statutes not listed elsewhere in this rule. (8) Any crime or offense in any other jurisdiction that is the substantial equivalent of any of the Oregon crimes identified in this section or as determined by an authorized designee of the Department. (9) Any crime adopted by the Legislature that is the substantial equivalent of any of the crimes listed in this section. Statutory/Other Authority: ORS 181A.195 & ORS 181A.400 Statutes/Other Implemented: ORS 181A.400 History: DPSST 24-2018, minor correction filed 02/13/2018, effective 02/13/2018 DPSST 17-2008, f. & cert. ef. 10-15-08
259-013-0270 Record Keeping, Confidentiality (1) LEDS Reports. (a) Confidentiality. All LEDS reports are confidential and must be maintained by the authorized designee in accordance with applicable Oregon State Police requirements in ORS Chapter 181A and these rules (NOTE: See OAR chapter 257, division 15). (A) Authorized Designee Access. LEDS reports are confidential and may only be shared with another authorized designee if there is a need to know consistent with these rules. (B) The subject individual will be allowed to inspect the LEDS report or state or national criminal offender records the Department used to make their eligibility determination, if requested. (b) Retention. LEDS reports must be retained and destroyed in accordance with records retention schedules published by Oregon State Archives. (2) National Information. (a) Confidentiality and Dissemination. Notwithstanding section (1)(a)(B), national criminal information provided by the Federal Bureau of Investigation (FBI) is confidential and may not be disseminated by the Department. (b) Retention. FBI reports must be retained and destroyed in accordance with records retention schedules published by Oregon State Archives and in accordance with federal law. (3) Fingerprint Cards. (a) All fingerprint cards sent to the Department will be forwarded to the Oregon State Police and FBI as dictated by these rules. (b) Fingerprint cards returned to the Department will be returned to the subject individual or be destroyed. (c) The Department will not retain any fingerprint cards or copies of any fingerprint cards for any reason. Statutory/Other Authority: ORS 181A.195 & ORS 181A.400 Statutes/Other Implemented: ORS 181A.400 History: DPSST 25-2018, minor correction filed 02/13/2018, effective 02/13/2018 DPSST 15-2015, f. & cert. ef. 7-23-15 DPSST 17-2008, f. & cert. ef. 10-15-08
259-013-0280 Immunity from Liability (1) The Department and its authorized designees have immunity from any civil liability that might otherwise be incurred or imposed for determining, in accordance with ORS 181A.400, that a subject individual may not obtain or maintain a license or certificate issued by the Department or be employed. (2) The Department or its employee, acting within the course and scope of employment, who in good faith complies with ORS 181A.195, is not liable for employment-related decisions based on the fitness determination. (3) No state agency, business, organization, or employee of the state, business or organization, acting within the course and scope of employment, is liable for defamation, invasion of privacy, negligence or any other civil claim in connection with the lawful dissemination of information lawfully obtained under ORS 181A.195. Statutory/Other Authority: ORS 181A.195 & ORS 181A.400 Statutes/Other Implemented: ORS 181A.400 History: DPSST 26-2018, minor correction filed 02/13/2018, effective 02/13/2018 DPSST 15-2015, f. & cert. ef. 7-23-15 DPSST 17-2008, f. & cert. ef. 10-15-08
259-013-0290 Appeal Process (1) If an individual has been convicted of a potentially disqualifying crime, the Department will proceed in accordance with the relevant process for denial or revocation identified in either OAR 259-008-0070, 259-009-0070, 259-020-0200, 259-060-0300 or 259-061-0300. (2) An individual may appeal a determination of the Department in accordance with the applicable rules identified in subsection (1) of this section. Statutory/Other Authority: ORS 181A.195 & ORS 181A.400 Statutes/Other Implemented: ORS 181A.400 History: DPSST 27-2018, minor correction filed 02/13/2018, effective 02/13/2018 DPSST 17-2008, f. & cert. ef. 10-15-08
259-013-0300 Fees The Department may charge a subject individual or their employing agency a fee to recover the costs of administering a fingerprint check through the Oregon Department of State Police and Federal Bureau of Investigation. The fee will not exceed the actual cost to obtain criminal offender information on the subject individual. Statutory/Other Authority: ORS 181A.195 & ORS 181A.400 Statutes/Other Implemented: ORS 181A.195 & ORS 181A.400 History: DPSST 69-2018, amend filed 12/04/2018, effective 12/15/2018 DPSST 28-2018, minor correction filed 02/13/2018, effective 02/13/2018 DPSST 15-2015, f. & cert. ef. 7-23-15 DPSST 17-2008, f. & cert. ef. 10-15-08
259-020-0005 Definitions (1) "Board" means the Board on Public Safety Standards and Training. (2) "Completed Examination" means an examination in which charts are recorded. (3) "Department" means the Department of Public Safety Standards and Training. (4) "Director" means the director of the Department. (5) “Internship” means the study by a trainee of polygraph examinations and of the administration of polygraph examinations under the personal supervision and control of a polygraph examiner in accordance with the course of study prescribed by the Board at the commencement of such study. (6) "Person" means any individual, firm, association, partnership, or corporation. (7) “Polygraph Examiner” means a person who purports to be able to detect deception or verify the truth of statements through the use of instrumentation or of a mechanical device that records visually, permanently and simultaneously the cardiovascular pattern, the respiratory pattern and the galvanic skin response of the individual being examined. (8) "The Act" means the Polygraph Examiners Act (ORS 703.010 to 703.310). (9) “Trainee” means a person licensed under the Act to engage in an internship. Statutory/Other Authority: ORS 703.230 Statutes/Other Implemented: ORS 703.230, ORS 703.010 & ORS 703.325 History: DPSST 17-2017, amend filed 10/20/2017, effective 10/20/2017 DPSST 15-2012, f. & cert. ef. 6-28-12 DPSST 1-2003, f. & cert. ef. 1-21-03 BPSST 9-2001, f. & cert. ef. 9-19-01 BPSST 7-1999, f. & cert. ef. 7-29-99 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 3-1987, f. & ef. 10-26-87 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
259-020-0130 Minimum Standards for Licensure as a Polygraph Examiner Trainee (1) Age. A person must be at least 18 years of age to be licensed as polygraph examiner trainee. (2) Citizenship. A person must be a citizen of the United States to be licensed as a polygraph examiner trainee. (3) Training. Applicants for licensure as a polygraph examiner trainee must: (a) Have graduated from a polygraph examiner's course approved by the Department; or (b) Provide documentation of military experience or training that the Department determines is substantially equivalent to the education required. (4) Internship. Persons licensed as a polygraph examiner trainee must complete an internship. The Board prescribed internship requirements of any person who is licensed as a trainee are defined in OAR 259-020-0140. (5) Professional Fitness. Applicants for licensure as a polygraph examiner trainee must n ot have demonstrated a course of behavior within the preceding 10 years which would indicate a high degree of probability that the applicant will be unlikely to perform the duties of a polygraph examiner in a manner that would serve the interests of the public. (a) In order to determine if an applicant may have demonstrated a course of behavior, the Department will conduct a criminal records check. (b) Any information obtained as a result of the application for licensure, the criminal records check, any Department investigation or other reliable sources that may indicate the applicant is unlikely to perform the duties of a polygraph examiner in a manner that would serve the interests of the public will be reviewed in accordance with OAR 259-020-0200. (6) The Department requires use of the applicant’s or polygraph examiner trainee’s legal name as the name of record for all Department purposes. The license issued to the polygraph examiner trainee will display the legal name. When a polygraph examiner trainee legally changes their name they must report the legal name change and provide a copy of proof of the name change to the Department through a Department-approved submission process within 30 days of the name change. Statutory/Other Authority: ORS 703.230 Statutes/Other Implemented: ORS 703.230, ORS 703.060, ORS 703.080, ORS 703.090, ORS 703.200, ORS 703.210 & ORS 670.280 History: DPSST 21-2020, amend filed 09/14/2020, effective 10/01/2020 DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017
259-020-0150 Examination for Licensure (1) Applicants must submit the examination fee prescribed by OAR 259-020-0220 prior to taking the exam. (2) The minimum passing score for the exam is 80%. (3) Applicants and polygraph examiner trainees are limited to three attempts to pass the exam. (4) A person who does not achieve a passing score on the exam must wait the following minimum time periods before retaking the exam: (a) First failure: seven days. (b) Second failure: 14 days. (5) The licensure of a person who does not achieve a passing score on the exam within three attempts is subject to denial or revocation pursuant to OAR 259-020-0200. (6) Persons who take the exam are prohibited from disclosing the contents of the exam, including the exam questions and answers, to anyone or any entity. Statutory/Other Authority: ORS 703.230 Statutes/Other Implemented: ORS 703.230, ORS 703.080, ORS 703.090, ORS 703.110 & ORS 703.200 History: DPSST 3-2023, amend filed 03/09/2023, effective 03/20/2023 DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017
259-020-0160 Continuing Education Requirements for Renewal of a Polygraph Examiner or Trainee License (1) In order to renew licensure as a polygraph examiner or trainee, a person must document current knowledge, skills or abilities as a polygraph examiner or trainee. Documentation of current knowledge, skills or abilities may be satisfied by completing continuing education requirements in accordance with this rule. (2) A person must document a minimum of 15 hours of continuing education, per licensing period, at the time of application in order to be eligible to renew their license. (3) Continuing education includes, but is not limited to: (a) Seminars sponsored by regional and national polygraph associations; or (b) Department approved training specifically related to the field of polygraphy. (4) In order to satisfy the requirements for the renewal of a polygraph examiner or trainee license, the continuing education must have been completed within the 24 month period prior to the application for renewal of a license and documentation of completion of the continuing education must be submitted to the Department. Documentation includes, but is not limited to, a certificate or letter of completion. (5) The polygraph examiner’s or trainee’s license will not be renewed until documentation of the completed continuing education requirements has been received by the Department. (6) A licensed polygraph examiner or trainee may carry over up to 15 hours of unused continuing education from the current licensing renewal application to the next licensing renewal period provided that the unused hours still meet the requirements for section (3) of this rule. Statutory/Other Authority: ORS 703.230 Statutes/Other Implemented: ORS 703.230 & ORS 703.100 History: DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017
259-020-0180 Period of Licensure / Expired Licenses (1) Polygraph examiner and polygraph examiner trainee licenses expire one year from the date of issuance. (2) Maximum Period for Licensure as a Polygraph Examiner Trainee. (a) A person may not be licensed as a polygraph examiner trainee for an aggregate period greater than four years unless the person requests, and the Department approves, a time extension. (b) The Department may approve a time extension in order for the polygraph examiner trainee to meet the minimum standards for licensure as a polygraph examiner for education, training or examination for licensure as defined in OAR 259-020-0120. (c) Department approved time extensions will not exceed one year. (d) When a person has exhausted the allowed polygraph examiner trainee license renewals and the time extension, they are prohibited from holding licensure as a polygraph examiner trainee until two years and one day have elapsed from the expiration of the last polygraph examiner trainee license held by the person. (e) Any application for licensure submitted prior to satisfying the two years and one day ineligibility period will be denied pursuant to OAR 259-020-0200. (3) Expired Polygraph Examiner Licenses. (a) A person whose polygraph examiner license has been expired for two years or less must apply for renewal of the license in accordance with OAR 259-020-0170. (b) A person whose polygraph examiner license has been expired for more than two years must submit a new application for licensure in accordance with OAR 259-020-0170 and must successfully complete the examination for licensure. (4) Expired Polygraph Examiner Trainee Licenses. (a) A person whose polygraph examiner trainee license has been expired for two years or less must apply for renewal of the license in accordance with OAR 259-020-0170. (b) A person whose polygraph examiner trainee license has been expired for more than two years must submit a new application for licensure in accordance with OAR 259-020-0170 and must complete the internship requirements defined in OAR 259-020-0140. (5) A person whose polygraph examiner’s or trainee’s license has expired while the person was employed by any federal agency or while the person was on active duty as a member of the Armed Forces of the United States or on active duty as a member of the National Guard of this state may apply for renewal of their license without an examination for licensure within two years after the date of the termination of such employment or active duty by submitting an a application for renewal in accordance with OAR 259-020-0170. Statutory/Other Authority: ORS 703.230 Statutes/Other Implemented: ORS 703.230 & ORS 703.100 History: DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017
259-020-0190 Reciprocity (1) The Department may issue a license as a polygraph examiner in this State to a person who is licensed as a polygraph examiner by another state or territory of the United States, without an examination for licensure by the Department, if the person submits an application for licensure pursuant to OAR 259-020-0170 and the Department finds that the person: (a) Is at least 18 years of age; (b) Is a citizen of the United States; (c) Was licensed pursuant to the requirements of such other state or territory that, at the date of the issuance of such license by such other state or territory, were substantially equivalent to the requirements of the Act for the licensing and regulation of polygraph examiners in this state; and (d) Is licensed by another state or territory that grants reciprocity to polygraph examiners licensed in this state. (2) In accordance with the requirements of ORS 703.120, if the person is not a resident of this state, the person must provide an irrevocable written consent permitting the Director to act as the agent of the person for the service of all legal process in this state. (3) When making a determination regarding the equivalency of the requirements for licensure by another state, the Department may, upon receipt of an application for licensure as a polygraph examiner, accept the applicant’s professional experience as being equal in professional value toward the five years of active investigative experience required by ORS 703.090(1)(e) and OAR 259-020-0120(3)(b). Statutory/Other Authority: ORS 703.230 Statutes/Other Implemented: ORS 703.070, ORS 703.090, ORS 703.110 & ORS 703.130 History: DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017
259-020-0210 Polygraph Licensing Advisory Committee (1) The Department may appoint a polygraph licensing advisory committee whose function is to assist and advise the Department concerning the administration of the Act. (2) The advisory committee's duties may include, but are not limited to: (a)The development, review or revision of exam questions for the examination for licensure as a polygraph examiner; (b) The evaluation and selection of polygraph examiners courses to be recommended for approval by the Department; (c) Upon the request of the Director, the review and recommendation of professional standards cases presented by the Department; and (d) Providing consultation in the form of subject matter expert review regarding, but not limited to, polygraph instrumentation and technical or professional practices within the polygraph profession. (3) The advisory committee will consist of three members to be appointed by the Director, each appointment to be subject to ratification by the Board at its next regular meeting. (4) Membership of the advisory committee will consist of currently licensed polygraph examiners, one of which will be a currently employed law enforcement examiner and two of which will be from the private sector. (5) Members of the advisory committee will be initially appointed for a three-year term and may be reappointed for one additional three-year term. (6) The advisory committee will meet at least once per calendar year and additionally as needed. Statutory/Other Authority: ORS 703.230 Statutes/Other Implemented: ORS 703.230 History: DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017
259-020-0220 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 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) Polygraph Examiner License Fee - $50; (b) Polygraph Examiner Trainee License Fee - $35; (c) Examination for Licensure Fee - $50; (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) Duplicate or Replacement License Fee - $5; and (f) Non-sufficient Funds (NSF) Penalty Fee - $25. (3) If the Department receives a payment by check and the check is returned to the Department as a non-sufficient funds (NSF) check, the payer of the fees will be assessed an NSF penalty fee in addition to the required fees. (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 703.230 & ORS 293.445 Statutes/Other Implemented: ORS 703.230, ORS 703.070, ORS 703.110, ORS 703.240 & ORS 293.445 History: DPSST 22-2020, amend filed 10/22/2020, effective 10/29/2020 DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017
259-059-0020 Private Security Entity License Required (1) Any person proposing to operate as a private security entity after January 1, 2024 , must obtain a license or be issued a Temporary Authorization Form to provide private security services. (2) Private security entities must provide the Department’s Internet address for license verification to a person before providing private security services to the person. (3) Private security entity licensing requirements apply to any private security entity that provides private security services within this state, regardless of whether the private security entity is principally located in another state. (4) The following persons do not meet the definition of a private security entity and are not required to obtain a license: (a) Public universities employing special campus security providers commissioned under ORS 352.118 or institutions of higher education employing private security providers and regulated under ORS 181A.972. (b) A person whose employees are exempt from the private security provider certification and licensure requirements under ORS 181A.845. (c) An executive manager who contracts with a private security entity to provide services as an executive manager. This includes the executive manager providing private security services when the executive manager is also certified as a private security professional. (d) A person who is the sole owner and operator of a business that provides private security services and does not employ any other private security providers. Statutory/Other Authority: ORS 181A.870 & ORS 181A.900 Statutes/Other Implemented: ORS 181A.840, ORS 181A.850, ORS 181A.870 & ORS 181A.900 History: DPSST 9-2025, amend filed 10/23/2025, effective 10/23/2025 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