reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 9 - FIRE SERVICE PROFESSIONALS › Section 259-009-0063 - Credit for Experience

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 fire service professional with three years experience in a fire department may
			 apply to be evaluated for certification based upon experience and accumulated
			 knowledge.
(2) A fire service
			 professional may petition for credit for prior learning. The individual must
			 describe in writing all experience and training pertinent to the standard being
			 challenged. The material presented will be reviewed by a panel of three fire
			 service professionals, appointed by the Department or designated staff. The
			 fire service professionals will determine what credit, if any, should be
			 granted to the individual.
(3)
			 Applicants may take a competency examination, if available. Applicants who fail
			 examinations for any specific requirement will not be re-examined for a period
			 of 60 days. Applicants who fail examinations for specific requirements may,
			 after a 60 day interim period, apply to the Department to be re-examined by
			 written or oral examination. Oral examinations will be conducted by a
			 representative of the Department.
(4) The Department may enter into a learning
			 contract with a fire service professional for any standards that are needed.
			 Upon successful completion of the contract, the individual will be granted
			 credit for the job performance requirements. The contract must be in writing
			 and signed by the Director or designated representative and the individual
			 seeking credit. The contract will include a course of study, an evaluation
			 process and a completion date.
(5)
			 The Department or its designated representative will notify the applicant of
			 the results of the evaluation within 60 days.
(6) The Department or its designated
			 representative may grant certification to the applicant when the evaluation
			 indicates the applicant's experience and knowledge exceed the minimum
			 established standards (Note: See also OAR 259-009-0020).
Statutory/Other Authority: ORS
				  181A.410
Statutes/Other Implemented: ORS
				  181A.410
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 9 - FIRE SERVICE PROFESSIONALS › Section 259-009-0065 - Maintenance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fire service
			 professionals are required to successfully perform the essential functions for
			 each certification they hold in order to maintain the certification.
(2) The Fire Training Officer, or the Agency
			 Head, is responsible for verifying completion of the maintenance requirements
			 by submitting each fire service professional's maintenance re-certification
			 form to the Department by December 31st of every even year.
(3) Maintenance requirements for a
			 certification may be demonstrated through:
(a)
			 Service delivery, as defined in OAR 259-009-0005;
(b) Task performance, as defined in OAR
			 259-009-0005; or
(c) Completion of
			 education or training hours related to the certification track, as defined by
			 section (5) of this rule.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 9 - FIRE SERVICE PROFESSIONALS › Section 259-009-0067 - Lapsed Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 levels of certification of any fire service professional will be considered
			 lapsed if the individual has not been utilized as such for more than 12
			 consecutive months.
(2) A fire
			 service professional whose certification has lapsed must apply for
			 re-certification upon re-utilization as a fire service professional.
(a) The fire service professional must
			 complete a Department task book, task performance evaluation or approved
			 training.
(b) Upon successful
			 completion of the appropriate testing or evaluation, as verified by the
			 signature and recommendation of the agency head or designee, the fire service
			 professional whose certification has lapsed, may request reinstatement of
			 certification. The request must be made to the Department by submitting the
			 appropriate form.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 9 - FIRE SERVICE PROFESSIONALS › Section 259-009-0070 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Tables referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  181A.410
Statutes/Other Implemented: ORS
				  181A.410,
				  ORS
				  181A.630,
				  ORS
				  181A.640,
				  ORS
				  181A.650
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 9 - FIRE SERVICE PROFESSIONALS › Section 259-009-0080 - Certification of Instructors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will certify instructors deemed qualified to teach in any of the
			 certified training courses.
(2)
			 Instructors will be certified on the basis of minimum qualifications as
			 established by the Department in areas of education, training, and experience.
			 It is the continuing responsibility of the Department to see that instructors
			 are qualified to teach.
(3)
			 Notwithstanding section (4), instructors for Department-certified courses must:
(a) Be certified or trained in the subject
			 area they are teaching; and
(b) Be
			 certified as an NFPA Fire Instructor I or be a Content Expert.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 9 - FIRE SERVICE PROFESSIONALS › Section 259-009-0085 - Certification of Courses and Classes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department will certify courses, and
			 classes deemed adequate to effectively teach one or more approved fire
			 subject(s) to fire service personnel.
(2) Certification will be based on the
			 evaluation of course curriculum or subjects for instruction.
(3) Facilities and equipment used for
			 certified training will be accessible to all interested and qualified
			 individuals.
(4) The Department
			 will certify courses at the content level. Courses certified at the content
			 level require student demonstration of acquired knowledge, skills, or
			 abilities. Agencies, organizations, or individuals requesting course
			 certification at the content level must submit an application to certify a
			 course (DPSST Form F-20), accompanied by clearly-defined NFPA standards for job
			 performance requirements, curriculum, test questions or evaluation criteria,
			 and evidence of instructor certification as provided in OAR 259-009-0080.
			 Curriculum submitted to DPSST becomes the property of DPSST.
(5) The Department must notify the requesting
			 agency, organization or individual, in writing, of the denial or the granted
			 level of course certification. If certification is granted, the instructor must
			 submit an Application to Instruct an Approved DPSST Course (DPSST Form F-9F) to
			 obtain rosters and a Notice of Course Completion (NOCC).
(6) It is the responsibility of the
			 requesting agency, organization, or individual, to:
(a) Oversee the preparation of curriculum and
			 to ensure its compliance with the requirements of the Department;
(b) Obtain a facility and instructor(s) to be
			 used for the course, and ensure their compliance with the requirement of the
			 Department;
(c) Develop rules and
			 regulations governing the operation of the facility and the conduct of the
			 trainees;
(d) Administer the
			 course;
(e) Maintain an accurate
			 record of attendance; and
(f)
			 Maintain all forms required by the Department, forwarding them within the
			 stipulated time period.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 9 - FIRE SERVICE PROFESSIONALS › Section 259-009-0087 - Accreditation of Fire Service Agency Training Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may accredit fire service
			 agency training programs which meet the following requirements:
(a) The training program is under the
			 direction of a designated training officer;
(b) The fire service agency has at least one
			 currently certified NFPA Fire Instructor I to instruct the accredited training
			 programs;
(c) The fire service
			 agency has met the maintenance re-certification requirements as defined in OAR
			 259-009-0065;
(d) The training
			 officer has validated successful completion of training with a task performance
			 evaluation or a task book at the conclusion of the training program or as a
			 part of the accredited training in accordance with standards and procedures
			 adopted by the Department;
(e) Fire
			 service personnel training records for accredited fire service agency training
			 programs must be maintained by the employing fire service agency for at least
			 five years;
(f) The fire service
			 agency must possess at least one triple combination pumper that conforms to the
			 minimum standards for automotive fire apparatus as outlined in the National
			 Fire Protection Association (NFPA) Pamphlet #1901; and
(g) A written accreditation agreement must be
			 prepared by the Department, defining the specific requirements of
			 accreditation, including the specific training the fire service agency is
			 accredited to deliver. The agreement must be signed by the Department's
			 designee and the training officer or the fire service agency
			 designee.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 9 - FIRE SERVICE PROFESSIONALS › Section 259-009-0100 - Miscellaneous Activities of the Board or Department

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board or Department may make or
			 encourage studies of any aspect of fire administration, including the
			 stimulation of research by public and private agencies which will be designed
			 to improve the Fire Protection System.
(2) The Board or Department may cooperate and
			 consult with counties, municipalities, agencies of this State, other
			 governmental agencies, and with universities, colleges, community colleges, and
			 other institutions concerning the development of fire safety training schools
			 and programs or courses of instruction.
(3) The Board or Department may cooperate and
			 consult with official bodies or individuals charged by law with the
			 responsibility for fire selection and training standards in other
			 states.
(4) The Board or Department
			 may periodically publish or recommend that other governmental agencies publish
			 curricula, manuals, lesson plans, brochures, newsletters, and other materials
			 to aid departments in achieving the objectives of the Act.
(5) The Department may direct, operate, or
			 sponsor training schools and set reasonable rules and regulations for the
			 operation and use by trainees.
Statutory/Other Authority: ORS
				  181A.410
Statutes/Other Implemented: ORS
				  181A.410
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 9 - FIRE SERVICE PROFESSIONALS › Section 259-009-0115 - Surrendering Certifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 fire service professional may request that the Department accept the surrender
			 of their fire service professional certifications. The request must be
			 submitted in writing.
(2) The fire
			 service professional will remain certified until the Department accepts the
			 surrender.
(3) In considering
			 whether to accept the surrender, the Department may request further information
			 from the present or prior employer pursuant to ORS
			 181A.670,
			 or conduct its own investigation, to determine if any minimum standards for
			 certification have been violated. If the Department finds a violation of the
			 grounds for revocation as defined in OAR 259-009-0120, the Department may
			 proceed with initiation and review of a professional standards case pursuant to
			 OAR 259-009-0125.
(4) If the fire
			 service professional has been issued a Notice of Intent pursuant to OAR
			 259-009-0130  or is the subject of a pending complaint, Department investigation
			 or professional standards case, the Department may accept the surrender through
			 a stipulated order revoking certification.
(5) An individual with fire service
			 professional certifications revoked pursuant to this rule is permanently
			 ineligible for certification as a fire service professional.
Statutory/Other Authority: ORS
				  181A.410,
				  ORS
				  181A.640  & ORS
				  183.341
Statutes/Other Implemented: ORS
				  181A.410,
				  ORS
				  181A.640,
				  ORS
				  183.341,
				  ORS
				  181A.630  & ORS
				  181A.650
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 9 - FIRE SERVICE PROFESSIONALS › Section 259-009-0125 - Denial/Revocation - Initiation and Review of a Professional Standards Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 Department receives information from any source that a certified fire service
			 professional or an applicant may not meet the established standards for fire
			 service professional certification, the Department will review the information
			 to determine if substantial evidence exists to support denial or revocation of
			 certifications under the statutory and administrative rule requirements for
			 fire service professional certification.
(2) The Department will not open a case on a
			 conviction or conduct that was previously reviewed by the Department or the
			 Fire Policy Committee and the Board and determined not to violate the standards
			 for fire service professional certifications or resulted in no action to deny
			 or revoke certification using the administrative rules in effect at the time of
			 the review.
(a) Nothing in this rule precludes
			 the Department from opening a case upon discovery of additional mandatory or
			 discretionary grounds for denial or revocation.
(b) Nothing in this rule precludes the
			 Department or the Fire Policy Committee and the Board from considering previous
			 misconduct or criminal behavior as an aggravating circumstance in a separate
			 discretionary case review.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 9 - FIRE SERVICE PROFESSIONALS › Section 259-009-0130 - Issuance of Notice of Intent, Request for Hearing and Contested Case Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon a
			 determination to proceed with a denial or revocation, the Department will
			 prepare and serve a Notice of Intent on the fire service
			 professional.
(2) For discretionary
			 professional standards cases when the Fire Policy Committee recommends denial
			 or revocation of fire service professional certifications, the Department will
			 serve the Notice of Intent on the fire service professional prior to the
			 Board's review.
(3) Response Time:
(a) A party who has been served with a Notice
			 of Intent to Deny Certification has 60 days from the date of mailing or
			 personal service of the Notice to file a written request for a hearing with the
			 Department.
(b) A party who has
			 been served with a Notice of Intent to Revoke Certification has 20 days from
			 the date of mailing or personal service of the Notice to file a written request
			 for a hearing with the Department.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 12 - OREGON PUBLIC SAFETY ACADEMY › Section 259-012-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Academy" or
			 "OPSA" means the Oregon Public Safety Academy.
(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) "Director" means the
			 Director of the Department of Public Safety Standards and Training.
(5) "Dismissal" means the removal of a
			 student from a mandated training course that results in expulsion from the
			 Academy based upon a violation of the standards of conduct defined in OAR
			 259-012-0010.
(6) "Employer" or
			 "Employing Agency" means the public or private safety agency, or the law
			 enforcement unit, that employs a public safety officer.
(7) "Mandated Training Course" means a
			 training course delivered by the Department that must be completed to meet the
			 statutory or administrative rule requirements contained in OAR chapter 259
			 division 8 for minimum standards for training or certification as a public
			 safety officer.
(8) "OPSA
			 Facilities" include conference rooms, classrooms, the dormitory, the cafeteria,
			 campus grounds and all training venues available on the Academy's
			 property.
(9) "Student" means a
			 public safety officer, as defined in OAR 259-008-0005, who is attending a
			 mandated training course at the Academy.
(10) "Suspension" means the immediate removal
			 of a student from a mandated course based upon the immediate need to preserve
			 the integrity or safety of the classroom or training venue.
Statutory/Other Authority: ORS
				  181A.410
Statutes/Other Implemented: ORS
				  181A.410
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 12 - OREGON PUBLIC SAFETY ACADEMY › Section 259-012-0005 - Use of OPSA Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Use
			 of the OPSA facilities is limited to meetings, trainings or events sponsored by
			 non-profit public safety entities, public safety providers or associations
			 representing the public safety community.
(2) The Department may charge fees for the
			 use of the OPSA facilities, including any costs to repair or replace damaged
			 equipment or facilities and lost or damaged keys and meal cards.
(3) The Director, or an appointed designee,
			 may prioritize dormitory lodging requests to meet the needs of the Department
			 for the delivery of mandated public safety training courses.
(4) The Director has the sole discretion to
			 make any exception to any of the above.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  181A.410
Statutes/Other Implemented: ORS
				  181A.410
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 12 - OREGON PUBLIC SAFETY ACADEMY › Section 259-012-0010 - Standards of Student Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Students attending mandated training courses at the Academy must adhere to the
			 following standards of conduct:
(a) Students
			 must comply with any Department rule or policy; and
(b) Students are prohibited from engaging in
			 the following conduct:
(A) Harassment.
			 Harassment includes verbal or physical actions addressing sex, race, gender,
			 religion or a person's characteristics that could be reasonably construed to
			 demean, target or harm another person, group of persons or a person's employer.
			 Harassment also includes sexual harassment, bullying or hazing;
(B) Discrimination. Discrimination includes
			 conduct that could be reasonably construed to be unfair treatment of another
			 person because of the that person's actual or perceived race, color, national
			 origin, religion, sex, age, marital status, sexual orientation, medical or
			 physical condition or disability;
(C) Cheating. Cheating includes:
(i) Actual, intended, or attempted deception
			 or dishonest action by a student in relation to the completion of an exam or
			 assessment or the administration or documentation of any training, testing or
			 certification;
(ii) Knowledge of
			 actual, intended, or attempted deception or dishonest action by a student in
			 relation to the completion of an exam or assessment or the administration or
			 documentation of any training, testing or certification when that knowledge is
			 not disclosed to the Department or withheld during an investigation;
(iii) Plagiarism; or
(iv) Sharing class content with another
			 class. Sharing class content means the passing of any academic information
			 regarding course content, testing methodology, or scenario plots by any student
			 to a member of any other class.
(D) Conduct that would constitute a criminal
			 offense;
(E) Intoxication or any
			 level of measurable blood alcohol content (BAC) while participating in any
			 portion of a mandated training course;
(F) Personal use or possession of alcohol,
			 marijuana or illicit drugs on the OPSA campus; or
(G) Intimate physical contact of a sexual
			 nature while on Academy property.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 13 - CRIMINAL RECORDS CHECK RULES › Section 259-013-0000 - Statement of Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The purpose of these rules is to
			 establish the reasonable screening procedures for:
(a) All public safety
			 professionals;
(b) Any individual
			 who occupies a position requiring a license or certification or is under
			 investigation by the Department; or
(c) Reissuance of a license or certificate
			 that is issued by the Department.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 13 - CRIMINAL RECORDS CHECK RULES › Section 259-013-0220 - Individuals Subject to Criminal Records Checks

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may require the fingerprints of:
(1) A fire service professional;
(2) A public safety professional;
(3) A private security provider;
(4) A private investigator;
(5) A polygraph intern or general license
			 applicant;
(6) A candidate for
			 election to the office of Sheriff.
Statutory/Other Authority: ORS
				  181A.195,
				  206.015 & ORS
				  181A.400
Statutes/Other Implemented: ORS
				  181A.400
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 13 - CRIMINAL RECORDS CHECK RULES › Section 259-013-0230 - Criminal Records Check Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Who Conducts Check.
(a) The Department may request that the
			 Department of State Police conduct a criminal records check on an individual.
			 If a nationwide criminal records check of an individual is necessary, the
			 Department may request that the Department of State Police conduct the check,
			 including fingerprint identification, through the Federal Bureau of
			 Investigation.
(b) The Department
			 may conduct criminal records checks on individuals through the Law Enforcement
			 Data System maintained by the Department of State Police, in accordance with
			 the adopted rules and established procedures of the Department of State
			 Police.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 13 - CRIMINAL RECORDS CHECK RULES › Section 259-013-0235 - Refusal to Consent to a Criminal records Check

Current through Register Vol. 63, No. 7, July 1, 2024
If any subject individual refuses to consent to a criminal
				records check, or refuses to be fingerprinted when required, the Department may
				revoke or deny any application, license or certificate issued by the
				Department.
Statutory/Other Authority: ORS
				  181A.195 & ORS
				  181A.400
Statutes/Other Implemented: ORS
				  181A.400
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 13 - CRIMINAL RECORDS CHECK RULES › Section 259-013-0240 - Oregon Criminal Records Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Processing.
(a) The Department will obtain criminal
			 records information from the Oregon State Police Law Enforcement Data System
			 and from other sources of criminal, judicial and motor vehicle
			 information.
(b) The Department
			 will authorize one or more designees to receive and evaluate Oregon criminal
			 records information from the Oregon State Police as allowed by applicable
			 statutes.
(c) A subject individual
			 may be required to obtain and provide additional criminal, judicial or other
			 background information to the Department or its authorized designee.
(d) Criminal records information obtained
			 from the Law Enforcement Data System must be handled in accordance with
			 applicable Oregon State Police requirements in ORS chapter 181A and OAR chapter
			 257, division 15.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 13 - CRIMINAL RECORDS CHECK RULES › Section 259-013-0250 - National Criminal Records Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) National Criminal Records Check. In
			 addition to an Oregon criminal records check (OAR 259-013-0240), the
			 Department may require a national criminal records check consistent with the
			 requirements for licensure or certification.
(2) Processing. The individual must complete
			 and submit a fingerprint card when requested by the Department.
(3) Additional Information Required. In order
			 to conduct a national check, the Department may require additional information
			 such as, but not limited to, proof of identity, residential history, names used
			 while living at each residence, or additional criminal, judicial, or other
			 background information.
Statutory/Other Authority: ORS
				  181A.400 & ORS
				  181A.195
Statutes/Other Implemented: ORS
				  181A.400
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 13 - CRIMINAL RECORDS CHECK RULES › Section 259-013-0260 - Potentially Disqualifying Crimes

Current through Register Vol. 63, No. 7, July 1, 2024
A conviction of any of the following crimes is potentially
				disqualifying. The lists include offenses that are crimes and may include
				offenses that are classified as violations or infractions for purposes of
				eligibility for licensure or certification. (See ORS
				161.505 through
				161.585).
(1) Any crime or offense listed in OAR
			 259-008-0070;
(2) Any crime listed
			 in OAR 259-009-0070;
(3) Any crime
			 listed in OAR 259-060-0300;
(4) Any
			 crime listed in OAR 259-061-0300.
(5) Any federal crime.
(6) Any unclassified felony defined in Oregon
			 Revised Statutes not listed elsewhere in this rule.
(7) Any other felony in Oregon's or any other
			 jurisdiction's statutes not listed elsewhere in this rule.
(8) Any crime or offense in any other
			 jurisdiction that is the substantial equivalent of any of the Oregon crimes
			 identified in this section or as determined by an authorized designee of the
			 Department.
(9) Any crime adopted
			 by the Legislature that is the substantial equivalent of any of the crimes
			 listed in this section.
Statutory/Other Authority: ORS
				  181A.195 & ORS
				  181A.400
Statutes/Other Implemented: ORS
				  181A.400
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 13 - CRIMINAL RECORDS CHECK RULES › Section 259-013-0270 - Record Keeping, Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) LEDS Reports.
(a) Confidentiality. All LEDS reports are
			 confidential and must be maintained by the authorized designee in accordance
			 with applicable Oregon State Police requirements in ORS Chapter 181A and these
			 rules (NOTE: See OAR chapter 257, division 15).
(A) Authorized Designee Access. LEDS reports
			 are confidential and may only be shared with another authorized designee if
			 there is a need to know consistent with these rules.
(B) The subject individual will be allowed to
			 inspect the LEDS report or state or national criminal offender records the
			 Department used to make their eligibility determination, if
			 requested.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 13 - CRIMINAL RECORDS CHECK RULES › Section 259-013-0280 - Immunity from Liability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department and its authorized designees have immunity from any civil liability
			 that might otherwise be incurred or imposed for determining, in accordance with
			 ORS 181A.400, that a subject
			 individual may not obtain or maintain a license or certificate issued by the
			 Department or be employed.
(2) The
			 Department or its employee, acting within the course and scope of employment,
			 who in good faith complies with ORS
			 181A.195, is not liable for
			 employment-related decisions based on the fitness determination.
(3) No state agency, business, organization,
			 or employee of the state, business or organization, acting within the course
			 and scope of employment, is liable for defamation, invasion of privacy,
			 negligence or any other civil claim in connection with the lawful dissemination
			 of information lawfully obtained under ORS
			 181A.195.
Statutory/Other Authority: ORS
				  181A.195 & ORS
				  181A.400
Statutes/Other Implemented: ORS
				  181A.400
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 13 - CRIMINAL RECORDS CHECK RULES › Section 259-013-0290 - Appeal Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an
			 individual has been convicted of a potentially disqualifying crime, the
			 Department will proceed in accordance with the relevant process for denial or
			 revocation identified in either OAR 259-008-0070, 259-009-0070, 259-020-0200,
			 259-060-0300  or 259-061-0300.
(2)
			 An individual may appeal a determination of the Department in accordance with
			 the applicable rules identified in subsection (1) of this section.
Statutory/Other Authority: ORS
				  181A.195 & ORS
				  181A.400
Statutes/Other Implemented: ORS
				  181A.400
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 13 - CRIMINAL RECORDS CHECK RULES › Section 259-013-0300 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may charge a subject individual or their
				employing agency a fee to recover the costs of administering a fingerprint
				check through the Oregon Department of State Police and Federal Bureau of
				Investigation. The fee will not exceed the actual cost to obtain criminal
				offender information on the subject individual.
Statutory/Other Authority: ORS
				  181A.195  & ORS
				  181A.400
Statutes/Other Implemented: ORS
				  181A.195  & ORS
				  181A.400
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  703.230
Stats. Implemented: ORS
				  703.230
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0015

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  703.230
Stats. Implemented: ORS
				  703.210 &
				  703.230
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 181 & ORS 703
Stats. Implemented: ORS 181 & ORS
				  703
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0045

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 181 & ORS 703
Stats. Implemented: ORS 181 & ORS
				  703
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 181 & ORS 703
Stats. Implemented: ORS 181 & ORS
				  703
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  703.230
Stats. Implemented: ORS
				  703.230
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0100 - Polygraph Examiner Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may not administer polygraph
			 examinations, advertise services, or assume any titles, words or abbreviations,
			 including the title or designation of polygraph examiner or polygraph examiner
			 trainee, that indicate the person is authorized to administer polygraph
			 examinations unless that person holds a license issued under the Act and these
			 rules.
(a) This requirement includes persons
			 employed by a state agency or public body in this state.
(b) A person who purports to be able to
			 detect deception or to verify the truth of statements is not exempt from the
			 provisions of the Act and these rules because of the terminology used to
			 describe the person, the instruments or mechanical devices of the person, or
			 the nature of the services of the person.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0120 - Minimum Standards for Licensure as a Polygraph Examiner

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Age. A person
			 must be at least 18 years of age to be licensed as polygraph
			 examiner.
(2) Citizenship. A person
			 must be a citizen of the United States to be licensed as a polygraph
			 examiner.
(3) Education. Applicants
			 for licensure as a polygraph examiner must have one of the following:
(a) A baccalaureate degree from an accredited
			 college or university; or
(b) A
			 high school diploma or a General Educational Development (GED) certificate and
			 have at least five years of active investigative experience before the date of
			 the application.
(A) Active investigative
			 experience is acquired through full-time employment as an investigator. An
			 investigator is a person whose primary assigned duty is the investigation of
			 actual or suspected violations of law, either criminal or civil. Full-time
			 employment as an investigator is a minimum of 1,200 hours completed annually
			 performing the investigation of actual or suspected violations of law, either
			 criminal or civil.
(B)
			 Administering polygraph examinations will satisfy the investigative experience
			 requirement of this section.
(C)
			 The Department may, upon receipt of an application for licensure as a polygraph
			 examiner, accept the applicant's professional experience as being equal in
			 professional value toward the five years of active investigative experience
			 required by this section.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0130 - Minimum Standards for Licensure as a Polygraph Examiner Trainee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Age. A person
			 must be at least 18 years of age to be licensed as polygraph examiner
			 trainee.
(2) Citizenship. A person
			 must be a citizen of the United States to be licensed as a polygraph examiner
			 trainee.
(3) Training. Applicants
			 for licensure as a polygraph examiner trainee must:
(a) Have graduated from a polygraph
			 examiner's course approved by the Department; or
(b) Provide documentation of military
			 experience or training that the Department determines is substantially
			 equivalent to the education required.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0140 - Polygraph Examiner Trainee Internship

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to define the
			 Board prescribed course of study for a person licensed as a polygraph examiner
			 trainee.
(2) The Board prescribed
			 internship observations and reviews are not meant to be interpreted as a
			 measure of the polygraph examiner trainee's ability or expertise, but will be
			 considered as legitimate, professional consultation.
(3) Persons licensed as polygraph examiner
			 trainees must complete an internship program in its entirety, which includes
			 the following:
(a) The selection of a
			 polygraph examiner to act as a mentor to provide periodic professional
			 consultation;
(b) The observation
			 and review of polygraph examinations with a mentor as defined in section (5) of
			 this rule;
(c) Achieving a passing
			 score on the Department's examination for licensure in accordance with OAR
			 259-020-0150.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0150 - Examination for Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicants must submit the examination fee prescribed by OAR 259-020-0220  prior
			 to taking the exam.
(2) The minimum
			 passing score for the exam is 80%.
(3) Applicants and polygraph examiner
			 trainees are limited to three attempts to pass the exam.
(4) A person who does not achieve a passing
			 score on the exam must wait the following minimum time periods before retaking
			 the exam:
(a) First failure: seven
			 days.
(b) Second failure: 14
			 days.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0160 - Continuing Education Requirements for Renewal of a Polygraph Examiner or Trainee License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 renew licensure as a polygraph examiner or trainee, a person must document
			 current knowledge, skills or abilities as a polygraph examiner or trainee.
			 Documentation of current knowledge, skills or abilities may be satisfied by
			 completing continuing education requirements in accordance with this rule.
(2) A person must document a
			 minimum of 15 hours of continuing education, per licensing period, at the time
			 of application in order to be eligible to renew their license.
(3) Continuing education includes, but is not
			 limited to:
(a) Seminars sponsored by
			 regional and national polygraph associations; or
(b) Department approved training specifically
			 related to the field of polygraphy.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0170 - Applications for Licensure / Applications for Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant for licensure as a polygraph
			 examiner trainee must meet all minimum standards as described in OAR
			 259-020-0130.
(2) An applicant for
			 licensure as a polygraph examiner must meet all minimum standards as described
			 in OAR 259-020-0120.
(3) New
			 Application for Licensure. The application packet for a new polygraph examiner
			 or trainee license must include:
(a) A
			 completed application form;
(b) The
			 required license fee as prescribed in OAR 259-020-0220;
(c) Fingerprints submitted to the Department
			 on a standard applicant fingerprint card or through a Department approved
			 vendor of electronic fingerprint capture services;
(d) The required fingerprint processing fee
			 as prescribed in OAR 259-020-0220; and
(e) Supporting documentation showing the
			 applicant meets the minimum standards pursuant to OAR 259-020-0120  or OAR
			 259-020-0130. Documentation may include but is not limited to:
(A) Certificate of completion of a polygraph
			 examiners training course;
(B)
			 Verifiable documentation in the form of official transcripts or an official
			 certificate from the administering institution showing successful completion of
			 the education requirements;
(C)
			 Proof of employment or experience; and
(D) A copy of the polygraph examiner's or
			 trainee's numerical log of completed exams.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0180 - Period of Licensure / Expired Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Polygraph examiner and polygraph examiner
			 trainee licenses expire one year from the date of issuance.
(2) Maximum Period for Licensure as a
			 Polygraph Examiner Trainee.
(a) A person may
			 not be licensed as a polygraph examiner trainee for an aggregate period greater
			 than four years unless the person requests, and the Department approves, a time
			 extension.
(b) The Department may
			 approve a time extension in order for the polygraph examiner trainee to meet
			 the minimum standards for licensure as a polygraph examiner for education,
			 training or examination for licensure as defined in OAR 259-020-0120.
(c) Department approved time
			 extensions will not exceed one year.
(d) When a person has exhausted the allowed
			 polygraph examiner trainee license renewals and the time extension, they are
			 prohibited from holding licensure as a polygraph examiner trainee until two
			 years and one day have elapsed from the expiration of the last polygraph
			 examiner trainee license held by the person.
(e) Any application for licensure submitted
			 prior to satisfying the two years and one day ineligibility period will be
			 denied pursuant to OAR 259-020-0200.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0190 - Reciprocity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may issue a license as a polygraph examiner in this State to a person who is
			 licensed as a polygraph examiner by another state or territory of the United
			 States, without an examination for licensure by the Department, if the person
			 submits an application for licensure pursuant to OAR 259-020-0170  and the
			 Department finds that the person:
(a) Is at
			 least 18 years of age;
(b) Is a
			 citizen of the United States;
(c)
			 Was licensed pursuant to the requirements of such other state or territory
			 that, at the date of the issuance of such license by such other state or
			 territory, were substantially equivalent to the requirements of the Act for the
			 licensing and regulation of polygraph examiners in this state; and
(d) Is licensed by another state or territory
			 that grants reciprocity to polygraph examiners licensed in this
			 state.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0200 - Denial, Suspension or Revocation of Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may deny, suspend or
			 revoke the license of any applicant, polygraph examiner or trainee after
			 written notice, and a hearing if requested, upon finding that the applicant,
			 polygraph examiner or trainee:
(a) Failed to
			 meet the minimum standards for a polygraph examiner or trainee as described in
			 OAR 259-020-0120  and OAR 259-020-0130;
(b) Failed to pass the examination for
			 licensure within three attempts pursuant to OAR 259-020-0150;
(c) Engaged in conduct that violates any
			 provisions found within the Act or these rules; or
(d) Engaged in any of the behaviors described
			 in ORS 703.210. For the purposes of
			 this rule, ORS 703.210(6),
			 demonstrating an inability or incompetency to carry out the duties of a
			 polygraph examiner or trainee, is defined as:
(A) Conduct that violates the law;
(B) Conduct that violates the practices or
			 standards generally followed in the polygraph profession;
(C) Conduct that is prejudicial to the
			 administration of justice;
(D)
			 Conduct that involves untruthfulness;
(E) The use of test questions relating to
			 sexual, religious, or political matters, unless such matters relate to the
			 issue under investigation; or
(F)
			 The deliberate use of unclear, misleading, circuitous, or ambiguous language in
			 describing or explaining the relevant issue of the examination or the results
			 of the examination.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0210 - Polygraph Licensing Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may appoint a polygraph
			 licensing advisory committee whose function is to assist and advise the
			 Department concerning the administration of the Act.
(2) The advisory committee's duties may
			 include, but are not limited to:
(a)The
			 development, review or revision of exam questions for the examination for
			 licensure as a polygraph examiner;
(b) The evaluation and selection of polygraph
			 examiners courses to be recommended for approval by the Department;
(c) Upon the request of the Director, the
			 review and recommendation of professional standards cases presented by the
			 Department; and
(d) Providing
			 consultation in the form of subject matter expert review regarding, but not
			 limited to, polygraph instrumentation and technical or professional practices
			 within the polygraph profession.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 20 - POLYGRAPH EXAMINERS LICENSING RULES › Section 259-020-0220 - Fees and Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Payments.
(a) The Department accepts business
			 checks, money orders, cashier's checks, and credit cards approved by the
			 Department. Credit card payments may require submission of additional
			 verification information as designated by the Department. The Department does
			 not accept personal checks or cash.
(b) Fees for licensure are due at the time of
			 application.
(c) Amounts due to the
			 Department are non-refundable and non-transferable.
(d) Applicants who choose to withdraw their
			 application or fail to complete the application process forfeit their
			 application fees.