reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 25 - PUBLIC RECORDS › Section 259-025-0000 - Public Records Requests

Current through Register Vol. 63, No. 7, July 1, 2024
This rule applies to all public records for which the
				Department of Public Safety Standards and Training is the custodian.
(1) Submission of a Records Request. A
			 request to inspect or obtain copies of a public record of the Department must
			 be submitted in writing to the Department. The written request must include:
(a) The name and current contact information,
			 such as email address, physical address and telephone number, of the person
			 requesting the public record;
(b)
			 Identification of the records requested by name or title or by a description of
			 the records which may include the subject matter, the officials involved in
			 producing the record, the time period the records were produced, or other
			 relevant information;
(c) The
			 number of copies needed, if copies are requested;
(d) Instruction to the Department to certify
			 copies, if necessary; and
(e) The
			 preferred format in which the record is requested. If the Department is unable
			 to provide access to or a copy of the record in the requestor's preferred
			 format, the Department may provide access to or a copy of the record in the
			 format in which the record is maintained after considering any steps necessary
			 for the protection of the record and to prevent interference with the regular
			 discharge of the Department's duties.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 30 - DIRECTOR › Section 259-030-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.635 &
				  181.640
Stats. Implemented: ORS
				  181.635 &
				  181.640
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 50 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Section 259-050-0005

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.610 - ORS
				  181.712
Stats. Implemented: ORS
				  181.610 - ORS
				  181.712.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Applicant"
			 means a private security entity, through an entity representative, applying for
			 or renewing licensure to operate as a private security entity.
(2) "Board" means the Board on Public Safety
			 Standards and Training.
(3)
			 "Department" or "DPSST" means the Department of Public Safety Standards and
			 Training.
(4) "Entity
			 representative" means the individual who represents the private security entity
			 in matters of licensure as a private security entity.
(5) "Engaged in the business of providing
			 private security" means recruiting, soliciting, supplying, or employing private
			 security professionals, supervisory managers, or executive managers for an
			 agreed remuneration or rate of pay to perform private security
			 services.
(6) "Executive manager"
			 has the meaning given that term in ORS
			 181A.840 and OAR
			 259-060-0010.
(7) "Financially
			 interested" means any ownership interest in the private security entity that is
			 greater than or equal to 5% of the entity.
(8) "License" means a private security entity
			 license issued by the Department.
(9) "Licensee" means a licensed private
			 security entity.
(10) "Person"
			 means any individual, sole proprietorship, partnership, business, company,
			 corporation, association, governmental entity, or other business or legal
			 entity.
(11)
(a) "Private security entity" means a person
			 engaged in the business of providing private security that:
(A) Employs private security providers;
			 or
(B) Contracts or subcontracts
			 with an existing licensed private security entity to provide private security
			 services.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0020 - Private Security Entity License Required

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
(e) A person who is not engaged in the
			 business of providing private security, but hires or utilizes the services of a
			 licensed private security entity.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0030 - Entity Representative Required / Entity Representative Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Private
			 security entities must designate an entity representative.
(2) The entity representative must be the
			 principal owner or principal partner who exercises operational control over the
			 entity or a qualified designee of the principal owner or principal
			 partner.
(3) The entity
			 representative is responsible for:
(a)
			 Completing the examination for licensure;
(b) Signing for and submitting the
			 application for licensure;
(c)
			 Providing notice to the Department of changes of information per OAR
			 259-059-0190;
(d) Receiving and
			 responding to Notices and any other communication from the Department relating
			 to the private security entity's license; and
(e) Maintaining the private security entity's
			 compliance with ORS 181A.840 to
			 181A.918 and OAR Chapter 259
			 Division 59.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0040 - Period of Licensure / Temporary Authorization Form

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 private security entity license is valid for one year unless the license is
			 suspended or revoked. The licensing period is July 1 through June 30 of each
			 year. Any license not renewed by June 30 will expire.
(2) The Department may combine the issuance
			 of an initial license with the renewal of the license when there are six months
			 or less left in the initial licensing period.
(3) The Department may issue a Temporary
			 Authorization Form to an applicant after receipt of an application for
			 licensure and the license fee.
(4)
			 A Temporary Authorization Form expires when:
(a) The license is issued;
(b) The application process is
			 administratively terminated; or
(c)
			 The license is denied or refused renewal.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0050 - Examination for Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The applicant,
			 through the entity representative, must successfully pass a qualifying
			 examination (exam) for licensure. The purpose of the exam is to test the
			 applicant's knowledge of the private security entity's responsibility to
			 prevent sexual assault, sexual harassment and discrimination in the
			 workplace.
(2) The exam must be
			 completed for issuance and renewal of a license.
(3) The exam may be completed anytime within
			 the 60 days before the submission of an application for licensure.
(4) The exam is administered by the
			 Department and delivered online.
(5) The minimum passing score for the exam is
			 80%.
(6) Any individual who takes
			 the exam is prohibited from disclosing the contents of the exam, including the
			 exam questions and answers, to anyone or any entity.
Statutory/Other Authority: ORS
				  181A.870 & ORS
				  181A.900
Statutes/Other Implemented: ORS
				  181A.900 & ORS
				  181A.904
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0060 - Application for Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications
			 for licensure must be signed and submitted by the entity representative on
			 behalf of the applicant.
(2) To
			 apply for a license or renew a license, the applicant must submit a completed
			 application, including all required attachments, and the non-refundable license
			 fee per OAR 259-059-0070. The following information must be included with the
			 application:
(a) Proof of general liability
			 insurance as defined in OAR 259-059-0120;
(b) Proof of the ability to pay wages as
			 defined in OAR 259-059-0130;
(c) An
			 Oregon Department of Revenue Tax Compliance Certification or a statement from
			 the applicant that, as a new entity, the entity has not been required to file
			 taxes to date;
(d) The examination
			 for licensure certificate of completion;
(e) The names and addresses of all persons
			 financially interested, whether as partners, shareholders, associates or
			 profit-sharers, in the applicant's proposed operations as a private security
			 entity, together with the amount of their respective interests, and whether or
			 not, to the best of the applicant's knowledge, any of these persons was ever
			 denied a certificate or a license under ORS
			 181A.870 within the preceding
			 three years, or had a certificate or license suspended or revoked within the
			 preceding three years;
(f) The
			 physical address of the work location or locations at which private security
			 services are provided by private security professionals employed by or pursuant
			 to a contract or subcontract with the applicant; and
(g) For each work location at which private
			 security services are provided by private security professionals pursuant to a
			 contract or subcontract with the applicant, the names of the private security
			 entity or entities contracted or subcontracted with the applicant.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0070 - Fees and Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department charges the following
			 fees:
(a) Private Security Entity License Fee
			 - $624.
(b) Late Renewal Fee - $50.
			 A late fee is required when the Department receives an application for renewal
			 after June 30.
(c) Duplicate or
			 Replacement License Fee - $24.
(d)
			 Non-sufficient Funds (NSF) Penalty Fee - $25.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0080 - Character, Competence, and Reliability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 determine if a license will be issued or renewed, the Department must conduct
			 an investigation of each applicant's character, competence, and reliability,
			 and any other matter related to the manner and method by which the applicant
			 proposes to conduct and conducted operations as a private security
			 entity.
(2) The Department may not
			 issue or renew a license to operate as a private security entity until the
			 Department is satisfied as to the applicant's character, competence, and
			 reliability.
(3) Evidence of
			 unsatisfactory character, competence, or reliability includes committing an
			 unlawful act or violating or failing to comply with any provision of ORS
			 181A.840 to
			 181A.918. For the purposes of
			 these rules, the Department's investigation may include, but is not limited to,
			 a review of the following for consideration:
(a) Having an entity representative or any
			 other person who is financially interested in the operations of the private
			 security entity who, within the past three years:
(A) Had a private security provider
			 certification or license denied, refused renewal, revoked, or suspended for the
			 grounds found in OAR 259-060-0300, 259-060-0310, or 259-060,0320;
(B) Had a private security entity license
			 denied, refused renewal, revoked, or suspended, or otherwise violated ORS
			 181A.840 to
			 181A.918 or OAR Chapter 259
			 Division 59; or
(C) Has been the
			 subject of a Department investigation for a violation of ORS
			 181A.840 to
			 181A.918, OAR Chapter 259
			 Division 59, or OAR Chapter 259 Division 60.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0090 - Private Security Equipment, Vehicles, Uniforms, and Titles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is unlawful for a private security
			 provider or an entity that employs private security providers to possess or use
			 in the scope of employment equipment, vehicles, uniforms or titles that imply
			 that the provider or entity is affiliated with a public or private safety
			 agency as defined in ORS
			 181A.355. This includes, but may
			 not be limited to, the following prohibited acts:
(a) Titles used to identify a private
			 security provider may not be a title commonly used by public or private safety
			 agencies to identify a law enforcement officer, including, but not limited to,
			 "officer," "police officer," "peace officer," "law enforcement officer,"
			 "agent," "deputy," "trooper," or "detective." This does not apply to the use of
			 "security officer" or the use of rank structure titles such as "sergeant,"
			 "lieutenant," or "chief."
(b)
			 Vehicles, uniforms, and the badges, patches, name tags, or other identifying
			 labels permanently or temporarily affixed to a uniform or used for
			 identification may not display a prohibited title as defined in subsection (a)
			 above.
(c) Uniforms may not
			 resemble a law enforcement uniform in style or color unless the uniform
			 prominently displays the word "security." "Security" may be used in combination
			 with other private security terms such as, but not limited to, "private
			 security," "security officer," or "security guard."
(d) Vehicles may not resemble a law
			 enforcement vehicle in style or color unless the vehicle prominently displays
			 the word "security" on the front, rear, and sides of the vehicle. "Security"
			 may be used in combination with other private security terms such as, but not
			 limited to, "private security," "security officer," or "security
			 guard."
(e) Vehicles may not be
			 equipped with red and blue light bars.
(f) Vehicles may not be equipped with bumpers
			 capable of ramming another vehicle to cause a stall or cages unless there is a
			 demonstrated business need and the private security entity has a written policy
			 or procedure addressing the use of the equipment.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0095 - Prohibited Entity Names

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Private
			 security entities are prohibited from using a name that implies that the
			 private security entity is, or is affiliated with, an existing law enforcement
			 unit or public safety agency as defined in ORS
			 181A.355, the organized militia
			 as described in ORS 396.105, the Armed Forces of the
			 United States, a federal law enforcement agency or a federal intelligence
			 agency.
(2) Private security
			 entities operating under a name prior to July 1, 2016, are exempt from this
			 restriction for as long as the private security entity is owned by the person
			 that owned it on July 1, 2016.
Statutory/Other Authority: ORS
				  181A.870 & ORS
				  181A.893
Statutes/Other Implemented: ORS
				  181A.870 & ORS
				  181A.893
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0100 - Designation of an Executive Manager

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Private
			 security entities must have a designated executive manager who is licensed by
			 the Department under ORS
			 181A.870 and OAR Chapter 259
			 Division 60.
(2) Private security
			 entities may employ or contract with more than one executive manager.
(3) Private security entities must notify the
			 Department in writing within 10 business days when the private security entity
			 changes its designated executive manager.
Statutory/Other Authority: ORS
				  181A.870 & ORS
				  181A.900
Statutes/Other Implemented: ORS
				  181A.900
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0110 - Required Policies

Current through Register Vol. 63, No. 7, July 1, 2024
Private security entities must demonstrate the existence of use
				of force and citizen arrest policies unless the private security entity
				exclusively monitors alarm systems. For the purposes of this rule,
				demonstration of the existence of these policies means the policies must be
				provided to the Department upon request.
Statutory/Other Authority: ORS
				  181A.870 & ORS
				  181A.900
Statutes/Other Implemented: ORS
				  181A.900
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0120 - General Liability Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Private
			 security entities must be covered by a general liability insurance policy that
			 includes public liability, personal injury, and property damage insurance
			 covering all aspects of the private security services being provided.
(2) The general liability insurance policy
			 must name the private security entity as the primary insured with minimum
			 liability limits of $1,000,000 per occurrence and $2,000,000 in the
			 aggregate.
(3) The proof of the
			 existence of adequate insurance required for the application for licensure must
			 include the name of the private security entity, the insured amounts, the
			 policy number, the policy expiration date, and the name, business address, and
			 phone number of the insurance company.
(4) Private security entities must maintain
			 general liability insurance at all times.
(5) If the general liability insurance is
			 cancelled or the private security entity changes insurance companies, the
			 private security entity must:
(a) Notify the
			 Department in writing within 10 business days of the cancellation or change;
			 and
(b) Submit proof of insurance
			 to the Department within 10 business days of the effective date of the new
			 policy.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0130 - Proof of Ability to Pay Wages

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Private
			 security entities must provide proof of financial ability to promptly pay the
			 wages of executive managers, private security professionals, and supervisory
			 managers employed by or who contract with the private security entity. Except
			 as provided in section (6) of this rule, the form of proof must be one of the
			 following:
(a) A corporate surety
			 bond;
(b) An irrevocable letter of
			 credit;
(c) A cash deposit;
			 or
(d) A deposit the equivalent of
			 cash.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0140 - Firearms Qualifications, Qualification Records, and Notice Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Private security entities employing armed
			 private security professionals must ensure that each armed private security
			 professional successfully completes a firearms qualification for each firearm
			 make, model, and caliber that the armed private security professional will
			 possess or have access to while performing private security services.
(2) The firearms qualifications required to
			 comply with this rule must be completed before the armed private security
			 professional can provide armed private security services where they would
			 possess or have access to the corresponding make, model, and caliber of
			 firearm.
(3) Firearms
			 Qualifications Courses.
(a) Handgun
			 qualifications for the make, model, and caliber of the handgun that the armed
			 private security professional will possess or have access to while performing
			 private security services must be conducted by a Department-certified private
			 security firearms instructor using the qualification standards and targets
			 found in the Department's Basic Firearms Course for armed private security
			 professionals.
(b) Rifle, shotgun,
			 or other long gun qualifications must be conducted using an applicable
			 qualification course for the make, model, and caliber of the rifle, shotgun, or
			 long gun that the armed private security professional will possess or have
			 access to while performing private security services and must be conducted by a
			 qualified firearms instructor, as determined by the private security
			 entity.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0150 - Professional Workplace Training Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Private security entities must provide the Professional Workplace Training
			 Course to each private security provider. The Professional Workplace Training
			 Course must be completed within the following timelines:
(a) If the private security provider is
			 employed by the private security entity at the time of licensure, at least once
			 during the first year in which the license is issued;
(b) If the private security provider is hired
			 after the issuance or renewal date of the license, within 90 days of the
			 private security provider's initial date of hire; and
(c) At least once every two years after the
			 renewal of a license.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0160 - Statement of Employee Rights and Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Private
			 security entities must provide a written statement of employee rights and
			 remedies to each private security provider at the time of hiring.
(2) The statement of employee rights and
			 remedies must provide a plain language description of the employee's rights and
			 remedies under the following laws:
(a) ORS
			 181A.840 to
			 181A.918 - Private Security
			 Entity Licensing;
(b) ORS Chapter
			 652 - Hours; Wages; Wage Claims; Records;
(c) ORS Chapter 653 - Minimum Wages;
			 Employment Conditions; Minors;
(d)
			 ORS Chapter 654 - Occupational Safety and Health;
(e) ORS Chapter 656 - Workers'
			 Compensation;
(f) ORS Chapter 657 -
			 Unemployment Insurance;
(g) ORS
			 Chapter 657B - Family and Medical Leave Insurance;
(h) ORS Chapter 659A - Unlawful
			 Discrimination in Employment, Public Accommodations and Real Property
			 Transactions; Administrative and Civil Enforcement;
(i) ORS
			 659A.150 - 659A.186 - Oregon
			 Family Leave Act;
(j) The Service
			 Contract Act (41 U.S.C.
			 351-401); and
(k) The National Labor Relations Act
			 (29 U.S.C.
			 151-169).
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0170 - Statement of Terms and Conditions of Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Private
			 security entities must provide a written statement of terms and conditions of
			 employment to each private security provider at the time of hiring.
(2) The statement of terms and conditions of
			 employment must provide, at a minimum, a description of the following elements:
(a) Rate of pay, including the method of
			 computing the rate of compensation;
(b) Eligibility for overtime;
(c) Scheduling information;
(d) Worksite locations;
(e) Equipment and uniforms;
(f) Vehicle use in the scope of
			 employment;
(g) Use of firearms in
			 the scope of employment; and
(h)
			 Disclosure of the existence of a labor dispute at a worksite.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0180 - Statement of Earnings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Private
			 security entities must provide each private security provider with a written
			 itemized statement of earnings each time the private security provider receives
			 a compensation payment from the private security entity.
(2) The statement of earnings must include at
			 a minimum the following elements:
(a) The
			 total gross payment being made;
(b)
			 The amount and purpose of each deduction from the gross payment;
(c) The total number of hours worked during
			 the time covered by the gross payment;
(d) The rate of pay;
(e) The net amount paid after any
			 deductions;
(f) The employer's
			 name, address and telephone number; and
(g) The pay period for which the payment is
			 made.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0190 - Change of Information

Current through Register Vol. 63, No. 7, July 1, 2024
Private security entities must notify the Department in writing
				within 10 business days if there are changes to:
(1) The private security entity's physical
			 address, mailing address, phone number, or e-mail address.
(2) The entity representative's physical
			 business address, business mailing address, business phone number, or business
			 e-mail address.
(3) The private
			 security entity's business name, including doing business as or operating as
			 names.
(4) The private security
			 services the private security entity provides by adding or ceasing to provide
			 armed private security services.
(5) The entity representative as required by
			 OAR 259-059-0030.
(6) The
			 designated executive manager as required by OAR 259-059-0100.
(7) The general liability insurance as
			 required by OAR 259-059-0120.
(8)
			 The proof of ability to pay wages as required by OAR 259-059-0130.
Statutory/Other Authority: ORS
				  181A.870 & ORS
				  181A.900
Statutes/Other Implemented: ORS
				  181A.900
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0200 - Records Retention

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 any records required under a separate rule, private security entities must
			 maintain the following records for at least three years from the date a record
			 reflecting or including such information is created:
(a) The names and addresses of all persons
			 financially interested, whether as partners, shareholders, associates or
			 profit-sharers, in the private security entity's operation as a private
			 security entity, together with the amount of their respective
			 interests;
(b) The physical address
			 of the work location or locations at which private security services are
			 provided by private security professionals employed by or pursuant to a
			 contract or subcontract with the private security entity; and
(c) For each work location at which private
			 security services are provided by private security professionals pursuant to a
			 contract or subcontract with the private security entity, the names of the
			 private security entity or entities contracted or subcontracted with the
			 entity.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0300 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any complaint
			 or allegation made to the Department against an applicant or licensee must be
			 submitted on a Department-approved complaint form before an investigation can
			 be initiated unless the Department grants an exception.
(2) A complainant must file the complaint or
			 allegation with the Department within one year of knowledge of the incident's
			 occurrence.
(3) When the Department
			 receives a complaint or allegation, the Department will conduct a preliminary
			 administrative review of the complaint or allegation to ensure there is
			 sufficient information to proceed. The Department may conduct a fact-finding
			 preliminary investigation. The Department may consider additional credible
			 sources of information to determine non-compliance.
(4) If the Department determines that there
			 is sufficient information to support the complaint or allegation, the
			 Department may open a case and conduct an investigation to gather relevant
			 information.
(5) Applicants,
			 licensees, entity representatives, or other involved parties must respond to
			 any questions or requests within 20 business days after a request is mailed by
			 the Department unless an extension is requested and approved by the
			 Department.
Statutory/Other Authority: ORS
				  181A.870 & ORS
				  181A.900
Statutes/Other Implemented: ORS
				  181A.900
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0310 - Protesting Issuance of a License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may
			 protest the issuance, including renewal, of a license to any applicant. The
			 protest may be made at any time after the license is issued as well as at any
			 time prior to the issuance of the license.
(2) Any person protesting the issuance of a
			 license must file the protest in writing with the Department.
(3) The written protest must contain the
			 following information:
(a) Name, address, and
			 phone number of the person filing the protest;
(b) Date of the protest;
(c) Name of the applicant or licensee against
			 whom the protest is being made;
(d)
			 A complete statement of the facts, circumstances, and other reasons for the
			 protest. The statement should include alleged violations, approximate dates of
			 alleged violations, names of witnesses, if any, and any documents which support
			 the allegations; and
(e) The
			 signature of the individual making the protest.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0400 - Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may cause administrative proceedings or court action to be initiated to enforce
			 a private security entity's compliance with ORS
			 181A.840 to
			 181A.918 or OAR Chapter 259
			 Division 59.
(2) Violations. The
			 Department may find violation and recommend assessment of civil penalties upon
			 finding that a private security entity has previously engaged in or is
			 currently engaging in any of the following acts:
(a) Operating as a private security entity
			 without a license in violation of ORS
			 181A.850;
(b) Using a name that implies that the
			 private security entity is, or is affiliated with, an existing law enforcement
			 unit or public safety agency as defined in ORS
			 181A.355, the organized militia
			 as described in ORS 396.105, the Armed Forces of the
			 United States, a federal law enforcement agency or a federal intelligence
			 agency in violation of ORS
			 181A.893 and OAR
			 259-059-0095;
(c) Possessing or
			 using in the scope of employment prohibited equipment, vehicles, uniforms, or
			 titles as defined in OAR 259-059-0090;
(d) Discharging or in any other manner
			 discriminating against private security providers in violation of ORS
			 181A.914;
(e) Failing to maintain a designated
			 executive manager as required by ORS
			 181A.900 and OAR
			 259-059-0100;
(f) Failing to
			 maintain general liability insurance as required by ORS
			 181A.900 and OAR
			 259-059-0120;
(g) Failing to
			 maintain proof of ability to pay wages as required by ORS
			 181A.900 and OAR
			 259-059-0130;
(h) Failing to have a
			 use of force policy and a citizen arrest policy as required by ORS
			 181A.900 and OAR
			 259-059-0110;
(i) Failing to ensure
			 armed private security professionals successfully complete a firearms
			 qualification for each firearm make, model, and caliber that the armed private
			 security professional will possess or have access to while performing private
			 security services as required by ORS
			 181A.906 and OAR
			 259-059-0140;
(j) Failing to
			 provide the Professional Workplace Training Course as required by ORS
			 181A.908 and OAR
			 259-059-0150;
(k) Failing to
			 provide private security providers employed by the entity with any of the
			 statements as required by ORS
			 181A.913 and OAR 259-059-0160  through OAR 259-059-0180;
(l)
			 Failing to maintain records as required by OAR Chapter 259 Division
			 59;
(m) Failing to notify the
			 Department of a change of information as required by OAR
			 259-059-0190;
(n) Failing to file
			 or furnish all forms and other information as required by ORS
			 181A.900 to
			 181A.918 or OAR Chapter 259
			 Division 59;
(o) Falsifying any
			 information submitted on the application for licensure or on any documents
			 submitted to the Board or the Department; or
(p) Any other violation of ORS
			 181A.840 to
			 181A.918 or OAR Chapter 259
			 Division 59.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0410 - Grounds to Deny, Refuse to Renew, Revoke, or Suspend a Private Security Entity License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department must deny, refuse to
			 renew, revoke, or suspend a license when the Department finds that an
			 applicant's or licensee's character, competence, or reliability are
			 unsatisfactory under OAR 259-059-0080.
(2) The Department may deny, refuse to renew,
			 revoke, or suspend a license when the Department determines that an applicant
			 or licensee:
(a) Falsified any information
			 submitted on the application for licensure or on any documents submitted to the
			 Board or the Department;
(b)
			 Intentionally altered a license or Temporary Authorization Form, or used
			 another private security entity's license or Temporary Authorization
			 Form;
(c) Knowingly permitted
			 another private security entity to use the licensee's license or Temporary
			 Authorization Form;
(d) Failed to
			 cooperate or respond to the Department's investigative inquiries or requests
			 for records relating to compliance with ORS
			 181A.840 to
			 181A.918 or OAR Chapter 259
			 Division 59;
(e) Failed to provide
			 the Professional Workplace Training Course as required by ORS
			 181A.908 and OAR
			 259-059-0150;
(f) Failed to ensure
			 armed private security professionals successfully complete a firearms
			 qualification for each firearm make, model, and caliber that the armed private
			 security professional will possess or have access to while performing private
			 security services as required by ORS
			 181A.906 and OAR
			 259-059-0140;
(g) Discharged or
			 discriminated in any way against a private security provider in violation of
			 ORS 181A.914;
(h) Operated as a private security entity
			 without a license in violation of ORS
			 181A.850;
(i) Failed to pay a civil penalty imposed by
			 the Board when due;
(j) Received
			 three or more civil penalties under ORS
			 181A.995 and OAR 259-059-0400;
			 or
(k) Received an Emergency
			 Suspension Order issued by the Department.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0420 - Department Review for Denial, Refusal to Renew, Revocation, or Suspension of a Private Security Entity License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 Department receives information from any source that an applicant or licensee
			 may not meet the established standards for private security entity licensure,
			 the Department will review the information to determine if substantial evidence
			 exists to support denial, refusal to renew, revocation, or suspension of the
			 license under ORS 181A.840 to
			 181A.918 or OAR Chapter 259
			 Division 59. Receipt of information may include, but is not limited to:
(a) Information obtained through an
			 investigation of the applicant's or licensee's character, competence, and
			 reliability for the issuance or renewal of a license;
(b) Notification from any governmental agency
			 that the applicant or licensee has unsatisfied final judgments of the court or
			 final orders issued which require the payment of unpaid wages to private
			 security providers, non-compliance with business tax requirements, or a
			 violation of ORS 181A.914;
(c) Any protest of the issuance or renewal of
			 a license; or
(d) Any complaint
			 submitted to the Department alleging that an applicant or licensee may have
			 violated ORS 181A.840 to
			 181A.918 or OAR Chapter 259
			 Division 59.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0430 - Surrender of a Private Security Entity License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee
			 may request the Department accept the surrender of the license. The request
			 must be submitted in writing.
(2)
			 The license remains in effect until the Department accepts the
			 surrender.
(3) If the Department
			 accepts the surrender, the Department will notify the licensee of the
			 acceptance date. The person must stop operating as a private security entity as
			 of the acceptance date.
(4) If the
			 person wants to operate as a private security entity after the acceptance date,
			 the person must apply for a new license by meeting all the initial requirements
			 for licensure under ORS
			 181A.900 to
			 181A.918 and OAR Chapter 259
			 Division 59.
(5) If the licensee is
			 the subject of a pending protest, complaint, or Department investigation, the
			 Department may accept the surrender through a stipulated order revoking the
			 license. The stipulated order may prohibit the person from being licensed for a
			 specified ineligibility period.
Statutory/Other Authority: ORS
				  181A.870 & ORS
				  181A.900
Statutes/Other Implemented: ORS
				  181A.900
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 59 - PRIVATE SECURITY ENTITY LICENSING › Section 259-059-0440 - Issuance of Notice of Intent / Request for Hearing / Contested Case Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon a
			 determination to proceed with denial, refusal to renew, revocation, or
			 suspension of a license, the Department will prepare and serve a Notice of
			 Intent on the applicant or licensee.
(2) Response Time.
(a) A party who has been served with a Notice
			 of Intent to Deny Licensure has 60 business days from the date of mailing or
			 personal service of the Notice to file a written request for hearing or a
			 written request withdrawing their application from consideration with the
			 Department. Applicants who choose to withdraw their application forfeit their
			 application fees.
(b) A party who
			 has been served with a Notice of Intent to Refuse Renewal has 60 business days
			 from the date of mailing or personal service of the Notice to file a written
			 request for hearing with the Department.
(c) A party who has been served with a Notice
			 of Intent to Revoke Licensure has 20 business days from the date of mailing or
			 personal service of the Notice to file a written request for hearing with the
			 Department.
(d) A party who has
			 been served with a Notice of Intent to Suspend has 20 business days from the
			 date of mailing or personal service of the Notice to file a written request for
			 a hearing with the Department.
(e)
			 A party who has been served with an Emergency Suspension Order has 90 business
			 days from the date of mailing or personal service of the Order to file a
			 written request for hearing with the Department.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 60 - PRIVATE SECURITY SERVICES PROVIDERS RULES › Section 259-060-0005 - Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The objectives
			 of the Board's and Department's rules on private security standards and
			 certification are to improve the private security industry services in Oregon
			 by raising the level of competence of private security personnel, individually
			 and collectively. This is accomplished by:
(a)
			 Establishing and maintaining minimum standards and qualifications for the
			 training, certification and licensure of private security providers;
(b) Establishing and maintaining minimum
			 standards and qualifications for all training courses and testing required of
			 private security providers; and
(c)
			 Maintaining uniform compliance with all provisions of the Private Security
			 Service Providers Act found in ORS
			 181A.840 through
			 181A.895 and
			 181A.995, including the use of
			 criminal records checks utilizing computerized criminal history information,
			 fingerprint comparisons, and fact-finding investigations.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 60 - PRIVATE SECURITY SERVICES PROVIDERS RULES › Section 259-060-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Accreditation
			 Program Manager" means a person who is designated as the administrator of an
			 employer accredited training program and is primary liaison with the
			 Department.
(2) "Alarm Monitor
			 Private Security Professional" means a private security professional certified
			 to monitor or process alarms in an alarm monitoring facility.
(3) "Alarm Monitoring Facility" means any
			 organization, contract or proprietary, with the primary responsibility of
			 reviewing incoming traffic transmitted to alarm receiving equipment and
			 following up with actions that may include notification of public agencies to
			 address imminent threats related to public safety. This does not include:
(a) Facilities that monitor only production
			 or environmental signals not directly impacting public safety;
(b) Proprietary alarm systems being monitored
			 by certified private security professionals that generate an internal response
			 by another certified private security professional;
(c) Facilities that monitor Personal
			 Emergency Response Systems (PERS) only;
(d) Facilities utilizing alarms that never
			 generate a response from a public safety agency; or
(e) Facilities, whose alarm monitors are not
			 required to be certified in Oregon, providing temporary assistance to an alarm
			 monitoring facility, whose alarm monitors are certified by DPSST, when alarm
			 monitoring services are required to be rerouted due to an unexpected facility
			 outage or an emergency.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 60 - PRIVATE SECURITY SERVICES PROVIDERS RULES › Section 259-060-0012 - Private Security Equipment, Vehicles, Uniforms and Titles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is unlawful
			 for a private security provider or an entity that employs private security
			 providers to possess or use in the scope of employment equipment, vehicles,
			 uniforms or titles that imply that the provider or entity is affiliated with a
			 public or private safety agency as defined in ORS
			 181A.355. This includes, but may
			 not be limited to, the following prohibited acts:
(a) Titles used to identify a private
			 security provider may not be a title commonly used by public or private safety
			 agencies to identify a law enforcement officer, including, but not limited to,
			 "officer," "police officer," "peace officer," "law enforcement officer,"
			 "agent," "deputy," "trooper," or "detective." This does not apply to the use of
			 "security officer" or the use of rank structure titles such as "sergeant,"
			 "lieutenant," or "chief."
(b)
			 Vehicles, uniforms, and the badges, patches, name tags, or other identifying
			 labels permanently or temporarily affixed to a uniform or used for
			 identification may not display a prohibited title as defined in subsection (a)
			 above.
(c) Uniforms may not
			 resemble a law enforcement uniform in style or color unless the uniform
			 prominently displays the word "security." "Security" may be used in combination
			 with other private security terms such as, but not limited to, "private
			 security," "security officer," or "security guard."
(d) Vehicles may not resemble a law
			 enforcement vehicle in style or color unless the vehicle prominently displays
			 the word "security" on the front, rear, and sides of the vehicle. "Security"
			 may be used in combination with other private security terms such as, but not
			 limited to, "private security," "security officer," or "security
			 guard."
(e) Vehicles may not be
			 equipped with red and blue light bars.
(f) Vehicles may not be equipped with bumpers
			 capable of ramming another vehicle to cause a stall or cages unless there is a
			 demonstrated business need and the private security entity has a written policy
			 or procedure addressing the use of the equipment.