justicedao/ipfs_state_laws huggingface dataset:
257-050-0157 Suspension or Revocation for Violation (other than a Law Chargeable as a Violation or Crime) (1) Suspensions or revocations, unless otherwise outlined or defined in these rules, shall fall under one of the following four levels: (a) Immediate suspension — A suspension that takes place immediately, upon written notice from the Oregon State Police, as evidenced by the date of the postmark, removing a tow vehicle, tow equipment, tow business, or a qualified tow business from the non-preference rotational tow list. (b) Level one suspension — any first violation of these Administrative Rules unless otherwise defined in the rule and shall be for a period of not less than sixty (60) days, and not more than one (1) year in length. (c) Level two suspension — any second violation of these Administrative Rules that is committed within a one (1) year period from the date of any final order and shall be for a period of not less than one (1) year and not more than two (2) years in length. (d) Revocation — any third violation of these Administrative Rules that is committed within a three (3) year period of the date of any final order and shall result in a revocation. (2) A suspension shall be in effect until the violation is corrected, or the Department orders reinstatement of a letter of appointment or right to apply for a letter of appointment. 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 2-2009, f. 10-8-09 cert. ef. 1-1-10 OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10 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
257-050-0170 Hearings (1) The Oregon Administrative Procedures Act shall govern the proceedings of any hearing held pursuant to these regulations All hearings shall be conducted by the Oregon Office of Administrative Hearings. The Department has final order authority. (2) A request for an administrative hearing must be mailed to the Oregon State Police Town Program, 3565 Trelstad Ave SE, Salem, OR 97317. The request must be received within fifteen (15) days from the date of notice of denial, suspension and/or revocation as evidenced by the postmark. The Department may also initiate or request an administrative hearing, regarding a denial, suspension and/or revocation as evidenced by the postmark. 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 1-2006, f. 3-29-06, cert. ef. 3-31-06 OSP 5-2005, f. & cert. ef. 11-18-05
257-050-0180 Judicial Review A tow business or qualified tow business aggrieved by a final order of the Department denying, suspending, or revoking a letter of appointment may seek judicial review of such decision in the Oregon Court of Appeals. The denial, suspension or revocation shall remain in effect during the appeal. 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
257-055-0001 Gaming Industry Employment Prohibition As required by ORS 244.045(5)(a), the Superintendent of the Department of State Police has designated the following positions to be subject to the prohibitions outlined in the statute: (1) Superintendent. (2) Deputy Superintendent. (3) Operations Services Bureau Commander. (4) Director of the Gaming Enforcement Division. (5) Administrative Lieutenant of the Lottery Security Section. (6) Administrative Lieutenant of the Tribal Gaming Section. Statutory/Other Authority: ORS 244.045 (5)(a) Statutes/Other Implemented: ORS 750 & OL 1997 (ORS 244.045) History: OSP 1-2001, f. & cert. ef. 10-1-01
257-060-0005 Collection and Submission of Samples (1) Blood Samples. Any blood sample drawn under the authority of ORS 137.076, 161.325, 419C.473 or 181.085 shall be collected in one 1 purple-stoppered vacutainers containing an EDTA preservative. The submitted sample shall consist of at least one full vacutainer. Agencies submitting blood samples shall: (a) Label the vacutainers with the contributor’s name and SID number. If no SID number has been assigned to the contributor, the submitting agency shall use the contributor’s date of birth. (b) Complete a submission form supplied by the Oregon State Police and enclose the completed form with the samples submitted. (c) Deliver the blood samples within seven (7) days of the date of collection to the Oregon State Police Crime Lab DNA Profiling Unit. Samples should be refrigerated prior to delivery to the Oregon State Police Crime Lab. (2) Buccal Samples. Oral buccal cell samples shall be submitted on proper preservation media as described in the Oregon State Police protocols. Statutory/Other Authority: ORS 181.085(1)(e) Statutes/Other Implemented: ORS 137.076 History: OSP 3-2002, f. & cert. ef. 6-14-02 OSP 5-1991, f. & cert. ef. 11-21-91 OSP 2-1991(Temp), f. 9-12-91, cert. ef. 9-29-91
257-060-0010 Inspection of DNA Profile Records (1) Any person who believes that he or she is the subject of a record within the criminal offender DNA database may make a request to the Oregon State Police Crime Lab to verify the existence or accuracy of such a record. All requests shall be in writing and on the form “request to view genetic database information.” This form may be obtained by contacting the Oregon State Police. The form shall include all of the following information: (a) Name; (b) Mailing address; (c) Date of birth; (d) SID number (unless a SID number has not been assigned to the requestor); (e) Signature; and (f) Right thumbprint. The right thumbprint submitted with any request must be obtained from and witnessed by a law enforcement official authorized to take fingerprints. (2) If the criminal offender DNA database contains no record pertaining the to requestor, the Oregon State Police Crime Lab shall notify the requestor in writing that no record exists. (3) If the criminal offender DNA database contains a record pertaining to the requestor, the Oregon State Police Crime Lab shall send a printout of the pertinent genetic profile to the address of the requestor listed in the request. Profiles pertaining to individuals other than the requestor shall not be released to the requestor. (4) Prior to the release of a printout of pertinent genetic profile, the Oregon State Police Crime Lab may require the requestor to pay the cost of preparing and photocopying the genetic profile as established by OAR 257-020-0005. (5) This rule applies only to those records, samples, and autoradiographs actually stored by the Oregon State Police Crime Lab, and it is not intended to preclude the crime lab from destroying those items after analysis. Statutory/Other Authority: ORS 181.085(1)(e) Statutes/Other Implemented: ORS 137.076 History: OSP 3-2002, f. & cert. ef. 6-14-02 OSP 5-1991, f. & cert. ef. 11-21-91 OSP 2-1991(Temp), f. 9-12-91, cert. ef. 9-29-91
257-060-0015 Challenges of DNA Profile Records (1) Any contributor of a record within the criminal offenders DNA profile database may challenge the accuracy of the record by filing a challenge in writing with the Oregon State Police Crime Lab. The challenge shall identify the record by the name, date of birth, and SID number of the contributor and shall contain the contributor’s address and signature and a thumbprint from each thumb. (2) If the challenge pertains to the accuracy of the profile, it must be accompanied by a profile of the contributor’s genetic material produced by an independent laboratory using the same genetic markers as those used to create the challenged record. The Oregon State Police will not be responsible for the cost of producing this independent profile. (3) Any discrepancy between the database profile and the profile filed by the contributor will be classified as either significant or insignificant. A discrepancy is significant if it is more than twice the match criteria established by the Oregon State Police Crime Laboratory. Any lesser discrepancy will be classified as insignificant. (4) If the discrepancy is significant, the Oregon State Police Crime Lab staff shall directly supervise the withdrawal of a new blood sample from the contributor and shall create a new profile from that sample. This new profile shall be entered into the database as the sole profile pertaining to the contributor. (5) If the discrepancy is insignificant, the existing database record shall not be removed or altered, but shall remain the sole database profile pertaining to the contributor. The Oregon State Police Crime Lab shall retain in a separate file all materials submitted by the contributor to challenge the record. Statutory/Other Authority: ORS 181.085(1)(e) Statutes/Other Implemented: ORS 137.076 History: OSP 5-1991, f. & cert. ef. 11-21-91 OSP 2-1991(Temp), f. 9-12-91, cert. ef. 9-29-91
257-070-0005 Statement of Purpose The purpose of these rules is to implement and interpret ORS 163A.005 to 163A.235. The Oregon State Police is authorized to adopt rules interpreting and implementing the described statutes. These rules establish standards and procedures for victim and public access to sex offender information. Statutory/Other Authority: ORS 183.335 & ORS 192.318 Statutes/Other Implemented: ORS 163A.005-163A.235 History: OSP 7-2024, amend filed 12/05/2024, effective 12/09/2024 OSP 6-2024, minor correction filed 07/02/2024, effective 07/02/2024 OSP 2-2005, f. 7-15-05, cert. ef. 8-21-05 Reverted to OSP 3-2000, f. & cert. ef. 7-11-00 OSP 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05 OSP 3-2000, f. & cert. ef. 7-11-00 Reverted to OSP 6-1991, f. & cert. ef. 11-21-91 OSP 2-1999(Temp), f. & cert. ef. 9-13-99 thru 3-10-00 OSP 6-1991, f. & cert. ef. 11-21-91 OSP 3-1991(Temp), f. 9-27-91, cert. ef. 9-29-91
257-070-0025 Victim Access to Registered Sex Offender Information (1) A victim shall be issued a victim identification number and shall be given the registry identification number of the registered sex offender who committed the crime against the victim: (a) At any time, upon request by the victim; and (b) Upon verification of the identification of the victim. (2) The Department of State Police has established a toll-free telephone number, 1-800-551-2934, to provide victims with updates on the prison status, release information, parole status and any information concerning the registered sex offender who committed the crime against the victim that is authorized for release under ORS 163A.005 to 163A.235. The telephone line will be operational 8 a.m. to 5 p.m. Monday through Friday. Statutory/Other Authority: ORS 183.335, ORS 163A.230 & ORS 192.318 Statutes/Other Implemented: ORS 163A.005 - 163A.235 History: OSP 5-2024, minor correction filed 07/02/2024, effective 07/02/2024 OSP 2-2005, f. 7-15-05, cert. ef. 8-21-05 Reverted to OSP 3-2000, f. & cert. ef. 7-11-00 OSP 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05 OSP 3-2000, f. & cert. ef. 7-11-00 Reverted to OSP 6-1991, f. & cert. ef. 11-21-91 OSP 2-1999(Temp), f. & cert. ef. 9-13-99 thru 3-10-00 OSP 6-1991, f. & cert. ef. 11-21-91 OSP 3-1991(Temp), f. 9-27-91, cert. ef. 9-29-91
257-070-0110 Registration Requirements for Registerable Sex Offenders (1) Registerable sex offenders shall only register with a registering agency in their county of residence. (2) Registerable sex offenders shall submit to registration as directed by the registering agency and as required by law. (3) When registering with a registering agency, each registerable sex offender shall: (a) Provide all information necessary to complete the sex offender registration form; (b) Sign the form by electronic signature or as directed by the registering agency; and (c) Submit to being photographed and, if required, fingerprinted. Statutory/Other Authority: ORS 163A.005 - 163A.235 Statutes/Other Implemented: ORS 163A.005 - 163A.235 History: OSP 3-2024, minor correction filed 07/02/2024, effective 07/02/2024 OSP 1-2016, f. & cert. ef. 3-7-16
257-070-0120 Recordkeeping (1) Once a sex offender registration form is received by the Department, the Department will: (a) Update the Department’s sex offender registry records; and (b) Retain an electronic copy of the sex offender registration form. (2) The Department will not retain paper copies of sex offender registration forms. Statutory/Other Authority: ORS 163A.035 & ORS 192.001 - 192.190 Statutes/Other Implemented: ORS 163A.035 & ORS 192.001 - 192.190 History: OSP 2-2024, minor correction filed 07/02/2024, effective 07/02/2024 OSP 1-2016, f. & cert. ef. 3-7-16
257-070-0130 Internet Notification of Level Three Sex Offenders The Department shall utilize the sex offender registry public website to make information available to the public regarding level three sex offenders currently recorded on the Registry and not otherwise except from publication unless or until: (1) The Board of Parole and Post-Prison Supervision notifies the Department that the level three designation for the sex offender is incorrect; (2) The level three sex offender is assessed and classified by the Board of Parole and Post-Prison Supervision as either a level one or level two sex offender; (3) The offender is removed from the Registry; or (4) The offender becomes exempt from publication due to coming under the supervision of the Psychiatric Security Review Board. Statutory/Other Authority: ORS 163A.215 & ORS 163A.220 Statutes/Other Implemented: ORS 163A.005-163A.235 History: OSP 7-2024, amend filed 12/05/2024, effective 12/09/2024 OSP 1-2016, f. & cert. ef. 3-7-16
257-080-0000 Purpose of Rules These rules outline the process afforded sworn, unrepresented members of the Department during consideration of their removal from State service, with the following objectives: (1) To permit the member to address the review board prior to a final decision on removal. (2) To establish procedures for the member and the review board to follow. (3) To recognize that sworn, unrepresented members of the department hold their respective positions in an “at-will” status. (4) To provide the procedure for the decision of the Board to be communicated to the member and to the individual who made the initial recommendation on removal. (5) To establish the internal mechanism for the member to make a request that the Review Board decision be considered and examined by the Office of the Superintendent. Statutory/Other Authority: ORS 181.280 & 181.310 Statutes/Other Implemented: ORS 181.290 - 181.340 History: OSP 4-2012, f. & cert. ef. 9-5-12 OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12 Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12 OSP 1-1997, f. & cert. ef. 1-22-97
257-080-0005 Statutory Authority for Rules These rules are adopted under the authority provided by ORS 181.280 Statutory/Other Authority: ORS 181.280 & 181.310 Statutes/Other Implemented: ORS 181.290 - 181.340 History: OSP 4-2012, f. & cert. ef. 9-5-12 OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12 Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12 OSP 1-1997, f. & cert. ef. 1-22-97
257-080-0010 Definitions (1) Department — refers to the Oregon Department of State Police. (2) Member — refers to the sworn, unrepresented member with sustained allegations who is afforded an informal meeting under these rules. (3) Review Board members — Department members appointed by the Superintendent or designee. (4) Recommending staff — the Department staff making the initial recommendation for removal of the member. (5) Personnel Report — the record of information that was gathered during a personnel investigation and fact-finding process which is used to decide whether there are grounds to consider the removal of the member from the Department. Statutory/Other Authority: ORS 181.280 & 181.310 Statutes/Other Implemented: ORS 181.290 - 181.340 History: OSP 4-2012, f. & cert. ef. 9-5-12 OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12 Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12 OSP 1-1997, f. & cert. ef. 1-22-97
257-080-0015 Grounds for Removal Because members subject to these rules hold their position as “at-will” employees, the member’s employment is not subject to any cause standard and the Department legally retains discretion in making a decision on removal. Statutory/Other Authority: ORS 181.280 & 181.310 Statutes/Other Implemented: ORS 181.290 - 181.340 History: OSP 4-2012, f. & cert. ef. 9-5-12 OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12 Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12 OSP 1-1997, f. & cert. ef. 1-22-97
257-080-0020 Investigation and Fact Finding Processes (1) The investigation process will be the fact-gathering process the Department follows in conducting personnel investigations as found in the most current form of the Department Manual titled “Personnel Complaint Procedures and Guidelines for investigations and Corrective Action.” (2) The fact-finding process will follow those provisions in the most current form of the same Department Manual under the “Making Findings of Fact” section. (3) If the results of this process result in “sustained” Findings of Fact the process under these rules will continue. Statutory/Other Authority: ORS 181.280 & 181.310 Statutes/Other Implemented: ORS 181.290 - 181.340 History: OSP 4-2012, f. & cert. ef. 9-5-12 OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12 Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12 OSP 1-1997, f. & cert. ef. 1-22-97
257-080-0025 Procedure to notify member of Findings, Recommendation, and Request to convene a Review Board (1) The sustained Findings of Fact and Recommendation will be prepared and signed by the recommending staff, or the Office of Professional Standards, and shall include: (a) The name and duty station of the member. (b) A listing of sustained allegation(s) with a finding for each. (c) A statement that removal of the member is being recommended along with a request to convene a Review Board. (2) The document may include: (a) A description of information concerning the member's tenure with the department such as performance reviews and any letters in the file which may be relevant to an understanding of the allegations; (b) Particular training or education provided; (c) Prior corrective action(s); (d) Informal discussions or other communications with the member by other managers or supervisors; (e) The availability of written standards or expectations - whether formal or informal; and (f) Any other matters which may provide a context in which to review the specific conduct at issue. (3) A suggested format for the document is: (a) Member's name; (b) Member's duty station; (c) As a sworn member of the department, subject to ORS 181.280 and OAR 257, division 80, this is written notice of allegation(s) from which a recommendation for your removal as a member of the department has been made along with a request to convene a Review Board. (d) Relevant background information as appropriate. (e) The facts that have been sustained, setting them out in a logical and chronological format, using headings and subheadings if necessary, to assist the reader in understanding the particulars that form the basis of the recommendation. (4) The completed document with the sustained allegations, recommendation and request shall be delivered to the Office of Professional Standards, where they will be filed and logged. Statutory/Other Authority: ORS 181.280 & 181.310 Statutes/Other Implemented: ORS 181.290 - 181.340 History: OSP 4-2012, f. & cert. ef. 9-5-12 OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12 Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12 OSP 1-1997, f. & cert. ef. 1-22-97
257-080-0030 Initiating a Review Board (1) Upon notice from the Office of Professional Standards that the completed document with the sustained allegations, recommendation and request has been filed and logged, the Superintendent or designee, shall appoint a three person Board of Review. (2) The Board shall consist of three members who are of superior rank to the involved member, if that is possible, and the three members shall be of equal rank, also to the extent that is possible. (3) The Board shall convene, select a Presiding Officer, and determine the time and place of the meeting to be scheduled with no less than ten days notice to the member. (4) The member shall be notified, in writing, of the following: (a) The individuals composing the Review Board and the member’s right to demand, in writing and one time only, that any or all of the persons appointed to the board be replaced without stating reason or cause. On receipt of such a demand, the Superintendent or designee shall appoint new representatives to replace those removed; (b) The location, date and time of the member to meet with the Board; (c) The member's right to be accompanied by legal counsel, at their own expense, or another employee of their choosing to assist them in presenting information or suggesting further inquiry before a decision is made by the Board ; (5) If an extension of time is necessary for the member to prepare a presentation, the board shall grant a reasonable period of time upon request. Statutory/Other Authority: ORS 181.280 & 181.310 Statutes/Other Implemented: ORS 181.290 - 181.340 History: OSP 4-2012, f. & cert. ef. 9-5-12 OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12 Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12 OSP 1-1997, f. & cert. ef. 1-22-97
257-080-0035 Review Board — Generally (1) An audio recording of the meeting will be made, which shall constitute the only record. (2) The Board may have legal counsel from the Oregon Department of Justice to advise them on any matters and attend the meeting and deliberative process as it deems necessary. (3) Failure to comply with one or more of the terms of these rules concerning the Review Board process shall not invalidate any sustained allegations or negate any proceeding before the board. (4) All attendees shall conduct themselves in a respectful manner. Failure to comply with the Board’s effort to retain order will result in expulsion from the meeting. Statutory/Other Authority: ORS 181.280 & 181.310 Statutes/Other Implemented: ORS 181.290 - 181.340 History: OSP 4-2012, f. & cert. ef. 9-5-12 OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12 Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12 OSP 1-1997, f. & cert. ef. 1-22-97
257-080-0040 Review Board Pre-meeting Matters (1) The Department shall forward to the member, within a reasonable time after the hearing is set, all investigative reports and other documents prepared according to the requirements of the department's personnel review manual. (2) The member's official personnel file shall be available for inspection by the parties or their respective representatives upon advance request to the Office of Professional Standards Section at General Headquarters. Statutory/Other Authority: ORS 181.280 & 181.310 Statutes/Other Implemented: ORS 181.290 - 181.340 History: OSP 4-2012, f. & cert. ef. 9-5-12 OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12 Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12 OSP 1-1997, f. & cert. ef. 1-22-97