justicedao/ipfs_state_laws huggingface dataset:
257-030-0150 Qualifications of Breath Test Equipment Operators (1) No individual shall operate approved breath testing equipment to determine the alcoholic content of the blood of a person in accordance with the provisions of ORS 813.160 unless that individual has been issued and maintains a valid permit to operate such equipment by the Oregon State Police. (2) To qualify for training and to obtain a permit for the operation of approved breath testing equipment, an individual must be a police officer as defined in ORS 801.395 or a trained technician of the Oregon State Police. The term police officer includes reserve police officer. Statutory/Other Authority: ORS 183.335 & 813.160 Statutes/Other Implemented: ORS 813.160 History: OSP 3-2006, f. & cert. ef. 11-22-06 OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06
257-030-0170 Certification of Accuracy of Breath Test Equipment Pursuant to ORS 813.160(b)(C), a trained technician of the Oregon State Police shall conduct an accuracy test of approved breath testing equipment and certify the accuracy of the equipment if accuracy test performance is within a range of 0.010 high to 0.020 low of the expected value. The testing can be performed by either an on site test, or by remote testing via telephone, modem, or Internet connection utilizing a computer. The computerized testing will utilize a security system to ensure the integrity of the scientific testing of the breath test equipment. Statutory/Other Authority: ORS 183.335 & 813.160 Statutes/Other Implemented: ORS 813.160 History: OSP 3-2006, f. & cert. ef. 11-22-06 OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06
257-035-0005 Use of Crime Detection Laboratories Equipment “Services” as used in ORS 181.080 means the operation of the equipment by authorized Department personnel and excludes the private use of laboratory facilities. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 181.080 History: OSP 2-1985, f. & ef. 10-1-85
257-040-0005 Introductory Provisions (1) Nothing in these rules is intended to impose any duty or any standard of care or conduct on any public or private body, entity or person to initiate or undertake any search and rescue or related operation, to conduct any such operation in any particular manner, or to provide any form of monitoring of radio signals in any geographic area. (2) The distributor of electronic signaling devices may require that users of the devices execute a release or waiver form under which users absolve the distributor or liability based on a claim that the device failed to function successfully, but no such release shall apply with respect to wilful or wanton misconduct or to distribution of a device with actual knowledge that is fails to meet the specifications in Exhibit 1 of theses rules. (3) Distributors shall require users to report to the distributor, its agents or employes any activation, dropping, abuse, damage or impacts sustained by the devices. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 401.635 Statutes/Other Implemented: ORS 401.605 - 401.635 History: OSP 2-1988, f. 8-17-88, cert. ef. 10-1-88 OSP 1-1988(Temp), f. 4-11-88, cert. ef. 4-8-88
257-040-0010 Distribution Procedures (1) Prior to giving any users custody of an electronic signaling device, the distributor must: (a) Test the device for minimum power and so indicate on the user log (a Model User Log is attached as Exhibit 1); (b) Visually inspect the device for external signs of damage and so indicate on the user log; (c) Visually ascertain that the real on the device is intact and so indicate on the user log; (d) Provide the user a copy of the written device instructions and a copy of the user’s fact sheet (a Model User’s Fact Sheet is attached as Exhibit 2), alert the user to any use instructions on the device or its harness, and obtain the user’s written acknowledgement that the user has read the written instructions and witnessed the minimum power test; (e) Enter his or her initial on the “Check Out Procedures” portion of the user log. (f) The distributor shall not permit the use of any device that fails any test or inspection required above. However, where the visual inspection discloses only superficial damage of the device, as opposed to breakage of any component or a breach of the case, the device may be used it it passes the other tests and inspections. (2) The distributor must obtain in writing the name, home or business address, telephone number if any, and state-issued license to operate a motor vehicle or equally reliable identification, such as Oregon Division of Motor Vehicles identification card. (3) The distributor may require users to provide other identifying information, to pose security or a deposit to ensure the return of the device, take other customary business measures to prevent loss of of damage to the devices, and may limit the geographic area in which the device may be transported or used. (4) Nothing in these rules shall be construed as requiring a distributor to record the anticipated return time of the user or the device, nor as requiring a distributor to notify any authority in the event a device is not timely returned. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 401.635 Statutes/Other Implemented: ORS 401.605 - 401.635 History: OSP 2-1988, f. 8-17-88, cert. ef. 10-1-88 OSP 1-1988(Temp), f. 4-11-88, cert. ef. 4-8-88
257-040-0020 Return of a Device to a Distributor (1) On the return of a device to a distributor, the distributor must: (a) Test the device for minimum power and so indicate on the user log; (b) Visually inspect the device for external signs of damage and so indicate on the user log; (c) Visually inspect the seal on the device and record the seal number on the user log; (d) Enter his or her initials on the “Check In Procedures” portion of the user log. (2) These rules impose only minimum requirements. Nothing in theses rules is intended to prevent distributors from using additional forms, agreements or leases, or from requiring compensation for use of the devices. (3) Distributor may use their own instructions, forms, logos and letterheads as written device instructions, user’s fact sheets and users logs. However, any user’s fact sheets and user logs shall contain, as a minimum, the information set forth in Exhibits 1 and 2, which are incorporated into theses rules. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 401.635 Statutes/Other Implemented: ORS 401.605 - 401.635 History: OSP 2-1988, f. 8-17-88, cert. ef. 10-1-88 OSP 1-1988(Temp), f. 4-11-88, cert. ef. 4-8-88
257-040-0030 Specifications (1) The Department of State Police has adopted the document entitled: “Specifications for the Electronic Signaling Device Pilot System (ESD), March 28, 1988, Oregon State Police, Advisory Committee — Senate Bill 915,” as the specifications required by ORS 401.635 for electronic signaling devices. Those specifications are incorporated into these rules and are available at the Oregon Department of State Police, Communications Division, 107 Public Service Building, Salem, OR 97310, (503) 378-2575). (2) Nothing in these rules is intended to restrict the development of or commerce in electronic signaling devices. Upon the written request of a manufacturer or distributor of such devices, the Department of State Police will consider additions or amendments to the specifications, provided that the proposed changes will not impair the reliability of electronic location devices, the safety of climbers or wilderness travelers, and will comply with federal and state laws regulating electronic transmitters and transmissions. Statutory/Other Authority: ORS 401.635 Statutes/Other Implemented: ORS 401.605 - 401.635 History: OSP 2-1988, f. 8-17-88, cert. ef. 10-1-88 OSP 1-1988(Temp), f. 4-11-88, cert. ef. 4-8-88
257-045-0010 Purpose and Authority (1) These administrative rules govern the hearing process regarding vehicles that will be, or have been taken, into custody by the department pursuant to ORS 819.110 or 819.120. (2) These administrative rules are promulgated pursuant to Oregon Laws 2009, chapter 371 (HB 2738), which require that if the department is the authority that takes a vehicle into custody pursuant to ORS 819.110 or 819.120 that is located upon the right of way of a state highway, an interstate highway that is part of the National System of Interstate and Defense Highways, or state property, the department is responsible for notices and hearings related to the vehicle taken into custody. Statutory/Other Authority: OL 2009 & ch. 371 (HB 2738) Statutes/Other Implemented: OL 2009 & ch. 371 (HB 2738) History: OSP 2-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 4-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-29-10
257-045-0020 Scope of Hearing (1) The owner of the vehicle, a person entitled to possession of the vehicle, or a person with a recorded interest on the title of the vehicle, may request a hearing to contest the validity of the towing and custody of the vehicle. (2) The owner of the vehicle, a person entitled to possession of the vehicle, or a person with a recorded interest on the title of the vehicle, may request a hearing to contest the reasonableness of the charges for towing and storage only if the department used its own personnel, equipment and facilities in conducting the tow or in storing the vehicle. Statutory/Other Authority: OL 2009 & ch. 371 (HB 2738) Statutes/Other Implemented: OL 2009 & ch. 371 (HB 2738) History: OSP 2-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 4-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-29-10
257-045-0030 Notice and Request for Hearing (1) If the department proposes to take or has taken custody of a vehicle in accordance with ORS 819.110 or 819.120, the department shall provide notice as described in ORS 819.170 or 819.180. (2) A request for hearing shall be made in writing to the department at the address contained in the notice. (3) Requests for hearing must be received by the department by 5:00 p.m. of the fifth business day (Saturdays, Sundays, and Holidays excluded) following the date of the posting or mailing of the notice. For purposes of this rule, “received by the department” means: (a) Personally delivered to the Station Commander of the local patrol office in the area in which the vehicle will be, or has been, taken into custody and towed; (b) Delivered by mail to OSP Headquarters, Patrol Services Division, 255 Capitol Street NE, 4th Floor, Salem, Oregon 97310; or (c) Received by facsimile machine at telephone number (503) 391-5910. (4) Requests for hearing shall contain at least the following information: (a) Petitioner’s full name; (b) Petitioner’s complete mailing address; (c) Telephone number where petitioner can be called between 8 a.m. and 5 p.m.; (d) A statement of the grounds upon which the person believes the custody and towing of the vehicle is not justified; and (e) Dates and times within the immediate future that the petitioner cannot appear at a hearing. (5) Untimely requests for hearing shall not be granted by the department. (6) A person who requests a hearing but who fails to appear for a scheduled hearing shall not be entitled to another hearing unless the person provides written good cause to the department for the person’s failure to appear. For purposes of these administrative rules, “good cause” shall be limited to serious impediments that affect a person’s ability to attend a scheduled hearing, such as court conflicts, the death of an immediate family member of the person (verified to the satisfaction of the department), the person’s physical incapacity (verified by a physician to the satisfaction of the department), or the person’s service in the US Armed Forces, military reserves, National Guard or the organized militia. Statutory/Other Authority: OL 2009 & ch. 371 (HB 2738) Statutes/Other Implemented: OL 2009 & ch. 371 (HB 2738) History: OSP 2-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 4-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-29-10
257-045-0050 Appeals The determination of the hearing officer is final and not subject to appeal. Statutory/Other Authority: OL 2009 & ch. 371 (HB 2738) Statutes/Other Implemented: OL 2009 & ch. 371 (HB 2738) History: OSP 2-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 4-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-29-10
257-050-0040 Authority (1) These Administrative Rules are promulgated pursuant to ORS 181.440, which permits the Superintendent of the Oregon State Police to make rules governing the eligibility of tow businesses to be placed and remain on any list of listed tow businesses used by the Department when it requests towing services on behalf of any person. (2) All listed tow businesses providing service to the public and the Department through calls received from the Oregon State Police shall conduct their business operation in accordance with all applicable federal, state, and local laws. Statutory/Other Authority: ORS 181.440 Statutes/Other Implemented: ORS 181.440 History: OSP 1-2024, amend filed 04/04/2024, effective 04/09/2024 OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10 OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10 OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10 OSP 5-2005, f. & cert. ef. 11-18-05 OSP 2-1995, f. & cert. ef. 10-20-95 OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89 OSP 1-1989, f. & cert. ef. 1-3-89
257-050-0060 Application to be a listed tow business (1) An application for certification must be filed by an authorized agent or representative of the applicant tow business. All applications must be filed with the Oregon State Police Non-Preference Tow Program. If the tow business is a partnership, each partner must be listed on the application. If the tow business is a corporation, all officers, managers, and stockholders holding 10% or more of the total issued and outstanding stock of the applicant corporation must be listed on the application. (2) The authorized agent or representative of the applicant tow business must affirm and swear, under penalty of False Swearing (ORS 822.605), in each application, that its tow business, employees and vehicles meet the minimum requirements as set forth in these Administrative Rules and Oregon Revised Statutes. False swearing may result in denial, suspension or revocation from the non-preference tow rotational list. Each application must also contain a signed affirmation from the authorized agent or representative that the tow business complies with all applicable local laws and regulations. (3) Upon being granted certification, a certificate and vehicle stickers will be mailed to the listed tow business. The listed tow business must display the sticker on the lower left front windshield of each tow vehicle that has been approved. Any alteration of the vehicle sticker or certification may form the basis of an action to suspend or revoke the certification. (4) A tow business may not be listed on the non-preference tow list until the Department has issued a certification to the tow business. The Department shall not call a towing business for non-preference towing unless the business has a current certification issued by the Oregon State Police Tow Program. Nothing herein shall prohibit the Department from calling a towing business upon a specific request of the person responsible for the vehicle or their agent. (5) A certification will not be granted until the application forms have been completed in their entirety by the authorized agent or representative of a tow business and approved by the Department. (6) A principal of multiple tow businesses may only have one listed tow business per tow zone for each classification. (7) All authorized agents or representatives must affirm in the certification application that if listed, the tow businesses shall tow abandoned vehicles in accordance with Chapter 819 of the Oregon Revised Statutes. Failure to tow abandoned vehicles in accordance with ORS Chapter 819 may subject the tow business to suspension or revocation of the non-preference tow certification. Statutory/Other Authority: ORS 181.440 Statutes/Other Implemented: ORS 181.440 History: OSP 1-2024, amend filed 04/04/2024, effective 04/09/2024 OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10 OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10 OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10 OSP 2-1995, f. & cert. ef. 10-20-95 OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89 OSP 1-1989, f. & cert. ef. 1-3-89
257-050-0090 Inspections The authorized agent or representative of the tow business shall self-certify on its application under penalty of False Swearing related to Regulation of Vehicles related to Businesses (ORS 822.605), penalty of Perjury (ORS 162.065), suspension or revocation from the non-preference tow rotational list that its tow business, employees and vehicles meet the minimum requirements as set forth in these Administrative Rules. This self-certification shall verify that the tow business’ request for a letter of appointment complies with all applicable local laws and regulations as prescribed for the geographical area where the tow business will be established. If local zoning regulations are applicable, the authorized agent or representative of the tow business must include with the application a copy of the certification of approval from the local planning department, zoning commission or other authorized unit of local government, to the Department. A zoning certification will become part of the permanent record maintained for each qualified tow business by the Department. Statutory/Other Authority: ORS 181.440 Statutes/Other Implemented: ORS 181.440 History: OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10 OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10 OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10 OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06 OSP 5-2005, f. & cert. ef. 11-18-05 OSP 2-1995, f. & cert. ef. 10-20-95 OSP 5-1992, f. & cert. ef. 12-16-92 OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89 OSP 1-1989, f. & cert. ef. 1-3-89
257-050-0095 Letter of Appointment The letter of appointment shall be completed by the Department establishing that the tow business has met the requirements for a letter of appointment. The designated tow zone(s), class of tow vehicle(s), specific vehicles authorized to operate in each zone, and any waivers will be listed in the letter. Statutory/Other Authority: ORS 181.440 Statutes/Other Implemented: ORS 181.440 History: OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10 OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10 OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10 OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06
257-050-0115 Suspension and Revocation (1) For purpose of 257-050-0115, the following suspension periods apply: (a) "First suspension" — any first violation of OAR 257-050-0115 shall be for a period of not less than 60 days. (b) "Second Suspension" — any second violation of OAR 257-050-0115 that is committed within a one (1) year period from the date of any final order under this rule shall be for a period of not less than one (1) year. (c) "Third Suspension" — any third violation of OAR 257-050-0115 that is committed within a three (3) year period of the date of any final order under this rule shall be a revocation. (2) The following constitutes grounds for suspension of a qualified tow business: (a) A qualified tow business that commits a violation, traffic crime or traffic infraction of Oregon Law during the course and operation of the qualified tow business’s business shall be suspended. (b) An employee of a qualified tow business that commits any violation or traffic infraction of Oregon Law while in the performance of his or her duties of employment shall be suspended. (3) The following constitutes grounds for revocation of a qualified tow business: (a) A qualified tow business that commits a crime, other than a traffic crime and that is chargeable as a misdemeanor or felony during the course and operation of the qualified tow business’s business shall be revoked. (b) An employee of a qualified tow business that commits a crime chargeable as a misdemeanor or felony while in the performance of his or her duties of employment shall be revoked. Statutory/Other Authority: ORS 181.440 Statutes/Other Implemented: ORS 181.440 History: OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10 OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10 OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10 OSP 1-2000, f. & cert. ef. 3-15-00 OSP 1-1999(Temp), f. & cert. ef. 9-10-99 thru 3-7-00
257-050-0130 Appeal A tow business or qualified tow business aggrieved by the decision of the Hearings Program officer denying, suspending, or revoking a letter of appointment must make any further appeal of such decision to the Oregon Court of Appeals. Statutory/Other Authority: ORS 181.440 Statutes/Other Implemented: ORS 181.440 History: OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10 OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10 OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10 OSP 2-1995, f. & cert. ef. 10-20-95 OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89 OSP 1-1989, f. & cert. ef. 1-3-89
257-050-0155 Suspension and Revocation (for Violation of a Law Chargeable as a Violation or Crime) (1) The following suspension or revocation periods apply when a tow business, qualified tow business, or any principal or employee of a tow business or qualified tow business, has been convicted of a violation of law charged as a Violation or Crime: (a) “First Suspension” — any first violation shall be for a period of not less than 60 days. (b) “Second Suspension” — any second violation that is committed within a one (1) year period from the date of any final order under this rule shall be for a period of not less than one (1) year. (c) “Third Suspension” — any third violation that is committed within a three (3) year period of the date of any final order under this rule shall be a revocation. (2) The following constitute grounds for suspension: (a) Commission of a violation or traffic crime of Oregon Law during the course and operation of the tow business’ or qualified tow business’ tow business. (b) A principal or employee of a tow business or qualified tow business that commits any violation of Oregon Law while in the performance of his or her duties of employment. (3) The following constitutes grounds for revocation: (a) Commission of a crime, other than a traffic crime and that is chargeable as a misdemeanor or felony, by a tow business or qualified tow business during the course and operation of the tow business’ or qualified tow business’ tow business. (b) A principal or employee of a tow business or qualified tow business that commits a crime chargeable as a misdemeanor or felony while in the performance of his or her duties of employment. Statutory/Other Authority: ORS 181.440 Statutes/Other Implemented: ORS 181.440 History: OSP 4-2011, f. 9-2-11, cert. ef. 9-7-11 Reverted to OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 5-2010(Temp), f. 7-13-10, cert. ef. 7-14-10 thru 1-10-11 OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10 OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10 OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10 OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06