reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 61 - INVESTIGATOR LICENSING STANDARDS AND REGULATIONS › Section 259-061-0140 - Educational Substitutes for Experience

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Completion of a related course of study
			 at an educational institution licensed or approved by a State Department of
			 Education or other State approving agency, and approved by the Department may
			 be substituted for up to 500 hours of the required work experience.
			 Correspondence courses, online courses, or similar coursework will be evaluated
			 on a case-by-case basis.
(2)
			 Educational substitutions applied toward the required work experience will be
			 granted on a three to one (3 to 1) basis and will be calculated using clock
			 hours spent in class. For example, three hours in class would equate to one
			 hour of allowable experience;
(3)
			 Applicants must provide the Department or its authorized representative
			 verifiable documentation in the form of sealed certified transcripts or an
			 official certificate from the administering institution(s) showing successful
			 completion of study in the related subject matter;
(4) The Department or its authorized
			 representative will review the subject matter of the applicant's education on
			 an individual basis;
(5) Certified
			 transcripts or official copies of certificates presented to the Department in
			 an envelope sealed by the program or institution or instructor and verified as
			 sealed may be accepted directly from the applicant;
(6) If a program or institution granting
			 credit is no longer in business, the Department will accept for review a copy
			 of a certificate of completion or transcript or diploma in the required subject
			 matter and hours. The Department may require additional information to verify
			 the authenticity of such documents.
Stat. Auth.: ORS
				  703.415,
				  703.425,
				  703.430,
				  703.435,
				  703.445,
				  703.450,
				  703.460,
				  703.465 &
				  703.480
Stats. Implemented: ORS
				  703.401 -
				  703.995
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 61 - INVESTIGATOR LICENSING STANDARDS AND REGULATIONS › Section 259-061-0150 - Provisional Investigator Upgrade to Private Investigator

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The license of a Provisional Investigator
			 will be upgraded to a Private Investigator license when the applicant provides
			 verifiable documentation that he or she has performed 1500 hours of
			 investigatory work, or completed a course of study approved by the
			 Department.
(2) The expiration date
			 for a provisional investigator's current license will not change when upgraded
			 to a private investigator unless the upgrade is granted at the time of renewal
			 or a new application and fee is received.
Stat. Auth.: ORS
				  703.415,
				  703.425,
				  703.430,
				  703.435,
				  703.445,
				  703.450,
				  703.460,
				  703.465 &
				  703.480
Stats. Implemented: ORS
				  703.401 -
				  703.995
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 61 - INVESTIGATOR LICENSING STANDARDS AND REGULATIONS › Section 259-061-0160 - Applying for Inactive Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Licensed investigators may apply to have their license inactivated at any time
			 during a licensure period by submitting a DPSST Inactive and Reactive
			 Application (PI-17). Investigators whose licenses are on an inactive status may
			 not work as an investigator.
(2)
			 License reactivation may be applied for at any time during a licensure period
			 by submitting a PI-17, along with payment of the license reactivation fee.
(3) Entering into inactive status
			 does not affect the expiration date of an investigator's license or the
			 application or reapplication timelines found in OAR 259-061-0010.
Stat. Auth.: ORS
				  703.480
Stats. Implemented: ORS
				  703.445 &
				  703.480
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 61 - INVESTIGATOR LICENSING STANDARDS AND REGULATIONS › Section 259-061-0170 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  703.415,
				  703.425,
				  703.430,
				  703.435,
				  703.445,
				  703.450,
				  703.460,
				  703.465 &
				  703.480
Stats. Implemented: ORS
				  703.401 -
				  703.995
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 61 - INVESTIGATOR LICENSING STANDARDS AND REGULATIONS › Section 259-061-0180 - Maintaining Current Information

Current through Register Vol. 63, No. 7, July 1, 2024
Within 10 days of a change, a licensed investigator or
				applicant for licensure must notify the Department in writing of any changes to
				name, home address, home phone number, mailing address, business name, business
				address, or business phone number.
Stat. Auth.: ORS
				  703.415,
				  703.425,
				  703.430,
				  703.435,
				  703.445,
				  703.450,
				  703.460,
				  703.465 &
				  703.480
Stats. Implemented: ORS
				  703.401 -
				  703.995
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 61 - INVESTIGATOR LICENSING STANDARDS AND REGULATIONS › Section 259-061-0190 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  703.415,
				  703.425,
				  703.430,
				  703.435,
				  703.445,
				  703.450,
				  703.460,
				  703.465 &
				  703.480
Stats. Implemented: ORS
				  703.401 -
				  703.995
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 61 - INVESTIGATOR LICENSING STANDARDS AND REGULATIONS › Section 259-061-0195 - Investigator Rules of Professional Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Licensed investigators are required to
			 comply with the requirements of conduct found in ORS
			 703.450.
			 A violation of any of these standards may result in civil penalty pursuant to
			 OAR 259-061-0200  or denial, suspension or revocation of the investigator's
			 license pursuant to OAR 259-061-0300.
(2) In addition to the requirements found in
			 ORS
			 703.450(8),
			 any contracts provided by a licensed investigator to provide investigatory
			 services must include the investigator's legal name and Department-issued
			 investigator license number.
(3)
			 For the purposes of ORS
			 703.450(17),
			 licensed investigators must maintain their client's confidentiality by not
			 intentionally revealing or releasing information about their client to a third
			 party without the consent of the client or a clear legal reason. What is
			 considered confidential information is to be determined between the
			 investigator and their client. For the purposes of the Department's enforcement
			 of client confidentiality, the determination of what is confidential must be
			 documented between the licensed investigator and their client.
Statutory/Other Authority: ORS
				  703.480
Statutes/Other Implemented: ORS
				  703.480  & ORS
				  703.450
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 61 - INVESTIGATOR LICENSING STANDARDS AND REGULATIONS › Section 259-061-0200 - Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may cause any administrative proceeding or court action to be initiated to
			 enforce compliance with the provisions of ORS
			 703.010 to
			 703.995 and these rules.
(2) Violations.
			 The Department may find violations and recommend assessment of civil penalties
			 upon finding that an investigator has previously engaged in or is currently
			 engaging in any of the following acts:
(a)
			 Providing investigative services without valid licensure;
(b) The falsification of any documents
			 submitted to the Department;
(c)
			 Failure to cease providing investigative services upon expiration of licensure,
			 notice of termination, suspension, denial or revocation;
(d) Failure to submit properly completed
			 forms or documentation in a time frame as designated by the Department;
			 or
(e) Any other violation of the
			 requirements of ORS
			 703.401 to
			 703.490 or these rules.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 61 - INVESTIGATOR LICENSING STANDARDS AND REGULATIONS › Section 259-061-0240 - Continuing Education Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Licensed investigators are required to
			 complete the following continuing education requirements during each two-year
			 licensure period.
(a) A licensed private
			 investigator must complete at least 32 hours of continuing education. At least
			 two of the hours must be in ethics.
(b) A licensed provisional investigator must
			 complete at least 40 hours of continuing education. At least two of the hours
			 must be in ethics.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 61 - INVESTIGATOR LICENSING STANDARDS AND REGULATIONS › Section 259-061-0250 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  703.415,
				  703.425,
				  703.430,
				  703.435,
				  703.445,
				  703.450,
				  703.460,
				  703.465 &
				  703.480
Stats. Implemented: ORS
				  703.401 -
				  703.995
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 61 - INVESTIGATOR LICENSING STANDARDS AND REGULATIONS › Section 259-061-0260 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  703.415,
				  703.425,
				  703.430,
				  703.435,
				  703.445,
				  703.450,
				  703.460,
				  703.465 &
				  703.480
Stats. Implemented: ORS
				  703.401 -
				  703.995
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 61 - INVESTIGATOR LICENSING STANDARDS AND REGULATIONS › Section 259-061-0300 - Denial/Suspension/Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the
			 responsibility of the Board, through the Private Security and Investigator
			 Policy Committee, to set the standards, and of the Department to uphold them,
			 to ensure the highest level of professionalism and discipline. The Board will
			 uphold these standards at all times unless the Board determines that neither
			 the safety of the public or respect of the profession is compromised.
(2) Mandatory Grounds for Denying, Suspending
			 or Revoking Private Investigator Licensure. The Department must deny or revoke
			 the license of any applicant or private investigator after written notice and
			 hearing, if requested, upon finding that the applicant or private investigator
			 has been convicted of a person felony as defined by the Criminal Justice
			 Commission in OAR 213-003-0001  in effect on February 3, 2014 or any crime with
			 similar elements in any other jurisdiction;
(3) Emergency Suspension Order: The
			 Department may issue an emergency suspension order pursuant to OAR 137-003-0560  immediately suspending a private investigator's licensure upon finding that a
			 person has been charged with any of the mandatory disqualifying crimes listed
			 in section (2) of this rule. The report may be in any form and from any source.
(a) The Department may combine the hearing on
			 the Emergency Suspension Order with any underlying proceeding affecting the
			 license.
(b) The sole purpose of
			 the emergency suspension hearing will be to determine whether the individual
			 was charged with a mandatory disqualifying crime. Upon showing that an
			 individual was not charged with a mandatory disqualifying crime, the suspension
			 of the individual's license will be rescinded, otherwise the suspension will
			 remain in effect until final disposition of the charges.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 70 - PUBLIC SAFETY MEMORIAL FUND › Section 259-070-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions are adopted in addition to the
				definitions provided in ORS
				243.954:
(1) "Board" means the Public Safety Memorial
			 Fund Board.
(2) "Department" means
			 the Department of Public Safety Standards and Training.
(3) "Final Order of Eligibility" means the
			 final order issued by the Department stating the Board's determination on
			 whether or not the public safety officer suffered a qualifying death or
			 disability. The final order of eligibility becomes the established basis for
			 eligibility when the Board makes determinations for discretionary benefit
			 awards pursuant to ORS
			 243.956 and OAR 259-070-0020.
(4) "Fund"
			 means the Public Safety Memorial Fund.
Statutory/Other Authority: ORS
				  243.970  & ORS
				  243.950
Statutes/Other Implemented: ORS
				  243.954
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 70 - PUBLIC SAFETY MEMORIAL FUND › Section 259-070-0010 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eligibility of
			 award applies to public safety officers who suffered a qualifying death or
			 disability on or after October 23, 1999. Subject to availability of funds, the
			 Board may award benefits to:
(a) Eligible
			 family members of public safety officers who suffered a qualifying death or
			 disability on or after October 23, 1999;
(b) A designee of a public safety officer who
			 suffered a qualifying death or disability on or after January 1, 2008.
(c) Family members of public
			 safety officers who suffered a qualifying death or disability after January 1,
			 1997, but prior to October 23, 1999 as described in Section 12, Chapter 981,
			 Oregon Laws 1999.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 70 - PUBLIC SAFETY MEMORIAL FUND › Section 259-070-0020 - Discretionary Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Fund provides immediate, temporary financial assistance to public safety
			 officers, family members of public safety officers, and parents or designees of
			 public safety officers when the public safety officer suffers a qualifying
			 death or disability in the line of duty. The Board may provide these financial
			 assistance benefits to assist with health and dental insurance, mortgage
			 payments and education scholarships. Applicant eligibility for the award of
			 discretionary benefits is based upon the eligibility requirements pursuant to
			 ORS
			 243.956 and the rules adopted in OAR chapter 259 division 70.
(2) Health and Dental Insurance. The Board
			 may award benefits to afford health and dental insurance to a public safety
			 officer, eligible family members or designees if an applicant for benefits does
			 not have alternate health and dental coverage.
(a) "Alternate health and dental coverage"
			 means insurance coverage effective on the date of the public safety officer's
			 qualifying death or disability that is separate from, or in addition to, the
			 coverage that was provided through the public safety officer's employment on
			 the date the qualifying death or disability occurred. Alternate coverage does
			 not need to be comparable to the public safety officer's coverage to be
			 considered alternate coverage.
(A) "Alternate
			 health and dental coverage" includes health and dental insurance provided by:
(i) A current employer;
(ii) A government healthcare program such as
			 Medicare or the Oregon Health Plan;
(iii) An insurance policy obtained through
			 the Affordable Care Act (ACA) exchange that is currently in effect at the time
			 of the application, is subsidized by a federal or state program and that
			 provides coverage for the applicant at the time of the application;
(iv) An educational institution; or
(v) Any other source that insures the
			 applicant at the time of the application.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 70 - PUBLIC SAFETY MEMORIAL FUND › Section 259-070-0050 - Transition Process for Current Beneficiaries

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A family member or public safety officer
			 who had a qualifying death or permanent total disability and who applied for
			 scholarship benefits prior to January 1, 2006, shall continue to be eligible to
			 apply for scholarship benefits under the terms that were operative until
			 January 1, 2004, awarding benefits for undergraduate degrees only.
(2) A family member or public safety officer
			 who had a qualifying death or permanent total disability and who was receiving
			 health and dental benefits prior to January 1, 2004, shall continue to receive
			 health and dental benefits for up to five years or until the spouse remarries,
			 whichever occurs first; and until the child(ren) attain 18 years of age (or 23
			 years of age if the child(ren) is attending school.
(3) A family member, designee, child or
			 dependent of a public safety officer who suffered a qualifying death, or a
			 public safety officer who had a permanent total disability, and who was
			 receiving health and dental benefits prior to January 1, 2018, shall continue
			 to receive health and dental benefits in accordance with the timelines defined
			 in ORS
			 243.956(5)
			 and (6) under the Board's supplemental
			 application process for discretionary benefits that was operative prior to
			 January 1, 2018.
Statutory/Other Authority: ORS
				  243.956  & ORS
				  243.970
Statutes/Other Implemented: ORS
				  243.956  & ORS
				  243.970
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 80 - OREGON FALLEN LAW ENFORCEMENT MEMORIAL › Section 259-080-0005 - Oregon Fallen Law Enforcement Memorial

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Fallen Law Enforcement
			 Memorial was established to honor law enforcement officers killed in the line
			 of duty.
(2) The Board on Public
			 Safety Standards and Training (Board) designates the following public safety
			 personnel classifications as law enforcement officers who may be honored on the
			 Oregon Fallen Law Enforcement Memorial:
(a)
			 Police officers, reserve officers, corrections officers, parole and probation
			 officers, and regulatory specialists, as each term is defined in ORS
			 181A.355;
			 and
(b) Federal law enforcement
			 officers assigned to or performing law enforcement duties in Oregon.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 90 - THE LAW ENFORCEMENT MEDAL OF HONOR AND THE LAW ENFORCEMENT MEDAL OF ULTIMATE SACRIFICE › Section 259-090-0010 - Qualifications for the Law Enforcement Medal of Honor and the Law Enforcement Medal of Ultimate Sacrifice

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Governor's Commission on the Law Enforcement Medal of Honor is responsible
			 for establishing the qualifications for nomination as a recipient of the Law
			 Enforcement Medal of Honor or the Law Enforcement Medal of Ultimate Sacrifice,
			 considering candidates for nomination, and nominating candidates.
(2) To be awarded the Law Enforcement Medal
			 of Honor or the Law Enforcement Medal of Ultimate Sacrifice a candidate must be
			 a law enforcement officer.
(a) "Law
			 enforcement officer" means:
(A) A police
			 officer;
(B) A reserve
			 officer;
(C) A corrections
			 officer;
(D) A parole and probation
			 officer; or
(E) A state, county,
			 municipal, federal, or tribal individual who is commissioned and responsible
			 for enforcing criminal laws in the state of Oregon.
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 1 - PROCEDURAL RULES › Section 265-001-0001 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				183.341,
				the Commission adopts the Attorney General's Model Rules of Rulemaking under
				the Administrative Procedures Act as amended and effective March 1,
				2022.
Statutory/Other Authority: ORS 243.812(12)
Statutes/Other Implemented: ORS
				  243.812(12)
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 1 - PROCEDURAL RULES › Section 265-001-0005 - Notice of Proposed Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to adoption, amendment or repeal of any permanent rule,
				the Commission shall give notice of the intended action:
(1) In the Secretary of State's bulletin
			 referred to in ORS 183.360 at least 21 days prior to the effective date of the
			 rule;
(2) By mailing or e-mailing a
			 copy of the Notice to persons on the mailing list established pursuant to ORS
			 183.335 (8) at least 28 days prior to the effective date of the rule;
(3) By mailing or e-mailing a copy of the
			 notice to the legislators specified in ORS 183.335(15) at least 49 days before
			 the effective date of the rule; and
(4) By mailing, e-mailing, or furnishing a
			 copy of the notice to the following at least 28 days prior to the effective
			 date of the rule:
(a) The Associated
			 Press;
(b) The Capitol Press
			 Room;
(c) Each District Attorney in
			 the state;
(d) Each Sheriff in the
			 state;
(e) Each Chief of Police in
			 the state;
(f) The Superintendent
			 of the Oregon State Police;
(g) The
			 Director of the Oregon Department of Corrections; and
(h) Each civilian or community oversight
			 board, agency, or review body as defined in ORS 243.812(15)(b).
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 1 - PROCEDURAL RULES › Section 265-001-0010 - Public Records Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A request to inspect or obtain copies of a public record or information from
			 public records shall be made in writing and must include the following
			 information:
(a) Name, address, email
			 address, and telephone number of the requester; and
(b) A specific description of the records
			 requested and time period records were produced.
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 5 - General/Definitions and Policy › Section 265-005-0005 - Application of Oregon Revised Statutes

Current through Register Vol. 63, No. 7, July 1, 2024
These rules are subject to the Oregon Revised Statutes,
				including but not limited to ORS 243.808,
				236.350,
				and
				243.706.
Statutory/Other Authority: ORS 243.812
Statutes/Other Implemented: ORS
				  243.812
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 5 - General/Definitions and Policy › Section 265-005-0010 - Burden of Proof

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 any collective bargaining agreement entered into or renewed on or after July 1,
			 2021, for all disciplinary actions imposed upon a law enforcement officer, a
			 disciplining body has the burden to prove by a preponderance of evidence that
			 the officer engaged in misconduct and that any disciplinary action taken
			 against the officer was with just cause as defined by ORS
			 236.350.
(2) No collective bargaining agreement
			 entered into or renewed on or after July 1, 2021, may include a standard of
			 just cause for law enforcement officers other than the standard as defined in
			 ORS 243.808 and
			 236.350.
Statutory/Other Authority: ORS 243.812
Statutes/Other Implemented: ORS
				  243.812
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 5 - General/Definitions and Policy › Section 265-005-0015 - Disciplinary Action for Misconduct Not Identified By These Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Upon a finding of misconduct not specifically identified within
				these rules, a disciplining body may take disciplinary action pursuant to the
				employing law enforcement agency's policies and practices so long as the
				disciplinary action is consistent with these rules.
Statutory/Other Authority: ORS 243.812
Statutes/Other Implemented: ORS
				  243.812
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 5 - General/Definitions and Policy › Section 265-005-0020 - Multiple Instances of Misconduct; Arbitrary and Capricious Discipline

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 an arbitration proceeding concerning multiple instances of alleged misconduct
			 by a law enforcement officer, if the arbitrator finds that a disciplining body
			 has not met its burden of proof by a preponderance of the evidence to show
			 that:
(a) The officer engaged in one or more
			 of the instances of alleged misconduct, or
(b) That the disciplinary action taken
			 against the officer was with just cause, as defined in ORS
			 236.350,
			 for one or more of the instances of misconduct, the arbitrator must rescind the
			 disciplinary action imposed on those allegations of misconduct and refer the
			 matter back to the disciplining body.
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 5 - General/Definitions and Policy › Section 265-005-0025 - Incorporation of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
All disciplining bodies shall adopt policies incorporating
				these rules. The failure of a disciplining body to adopt policies incorporating
				these rules does not impair the application of these rules.
Statutory/Other Authority: ORS 243.812
Statutes/Other Implemented: ORS
				  243.812
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 5 - General/Definitions and Policy › Section 265-005-0030 - Application of Aggravating and Mitigating Factors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A disciplining body shall impose the
			 presumptive sanction required by these rules unless it finds that one or more
			 of the aggravating or mitigating factors enumerated in OAR 265-015-0035
			 justifies a departure from the presumptive sanction.
(2) If the disciplining body determines that
			 a mitigated sanction is justified, it shall impose a sanction that is no less
			 than the mitigated sanction for the specific instance of misconduct but may
			 impose a sanction that is no more than the presumptive sanction.
(3) Except when the presumptive sanction for
			 misconduct is termination, if the disciplining body determines that an
			 aggravated sanction is justified, it shall impose a sanction that is no more
			 than the aggravated sanction for the specific instance of misconduct but may
			 impose a sanction that is no less than the presumptive sanction.
(4) A disciplining body shall not apply an
			 aggravating or mitigating factor if the factor is already included in
			 determining whether misconduct occurred (example: intentionality).
(5) A disciplining body has the discretion to
			 impose mitigated or aggravated sanctions as permitted by these rules. A
			 disciplining body shall document its reasoning, including whether it found
			 aggravating or mitigating factors and the relative weight it gave to each
			 factor, for imposing a disciplinary action other than the presumptive
			 sanction.
Statutory/Other Authority: ORS 243.812
Statutes/Other Implemented: ORS
				  243.812
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 10 - Discipline Standards for Misconduct › Section 265-010-0001 - Sexual Assault

Current through Register Vol. 63, No. 7, July 1, 2024
A disciplining body shall impose upon a law enforcement officer
				disciplinary action within the following disciplinary range upon a finding that
				the officer engaged in misconduct constituting an act of sexual assault:
(1) The presumptive sanction shall be
			 termination.
(2) The mitigated
			 sanction shall be suspension without pay, salary reduction, demotion, or a
			 written reprimand.
Statutory/Other Authority: ORS 243.812
Statutes/Other Implemented: ORS
				  243.812
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 10 - Discipline Standards for Misconduct › Section 265-010-0005 - Sexual Harassment

Current through Register Vol. 63, No. 7, July 1, 2024
A disciplining body shall impose upon a law enforcement officer
				disciplinary action within the following disciplinary range upon a finding that
				the officer engaged in misconduct constituting sexual harassment:
(1) The presumptive sanction shall be
			 demotion, suspension without pay, or salary reduction.
(2) The mitigated sanction shall be a written
			 reprimand.
(3) The aggravated
			 sanction shall be termination.
Statutory/Other Authority: ORS 243.812
Statutes/Other Implemented: ORS
				  243.812
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 10 - Discipline Standards for Misconduct › Section 265-010-0010 - Assault

Current through Register Vol. 63, No. 7, July 1, 2024
A disciplining body shall impose upon a law enforcement officer
				disciplinary action within the following disciplinary range upon a finding that
				the officer engaged in misconduct constituting an act of intentional assault
				without justification:
(1) The
			 presumptive sanction shall be termination.
(2) The mitigated sanction shall be
			 suspension without pay, salary reduction, demotion, or a written reprimand.
Statutory/Other Authority: ORS 243.812
Statutes/Other Implemented: ORS
				  243.812
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 10 - Discipline Standards for Misconduct › Section 265-010-0015 - Unjustified or Excessive Use of Physical or Deadly Force

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A disciplining body shall impose upon a
			 law enforcement officer disciplinary action of termination upon a finding that
			 the officer engaged in misconduct constituting unjustified or excessive use of
			 deadly physical force by the officer that results in death or serious physical
			 injury.
(2) A disciplining body
			 shall impose upon a law enforcement officer disciplinary action within the
			 following disciplinary range upon a finding that the officer engaged in
			 misconduct constituting unjustified or excessive use of physical force by the
			 officer that results in death or serious physical injury:
(a) The presumptive sanction shall be
			 termination.
(b) The mitigated
			 sanction shall be suspension without pay, salary reduction, demotion, or a
			 written reprimand.
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 10 - Discipline Standards for Misconduct › Section 265-010-0020 - Conduct that is Motivated by or Based on a Real or Perceived Factor of an Individual's Race, Ethnicity, National Origin, Sex, Gender Identity, Sexual Orientation, Religion, or Homelessness

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A disciplining body shall impose upon a law enforcement officer disciplinary
			 action within the following disciplinary range upon a finding that the officer
			 engaged in misconduct in violation of statutory or constitutional law by
			 intentionally targeting an individual for a suspected violation of law based
			 solely on the individual's real or perceived race, ethnicity, national origin,
			 sex, gender identity, sexual orientation, religion, or homelessness:
(a) The presumptive sanction shall be
			 termination.
(b) The mitigated
			 sanction shall be suspension without pay, salary reduction or
			 demotion.
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 10 - Discipline Standards for Misconduct › Section 265-010-0025 - Moral Character

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purposes of this rule, lack of good moral character means conduct
			 constituting:
(a) A felony under state or
			 federal law
(b) Domestic
			 violence
(c) Stalking
(d) A drug-related offense, except for
			 offenses involving use or possession of marijuana
(e) A bias or hate crime under state or
			 federal law
(f) A sex
			 crime
(g) Untruthfulness
(h) Misuse of authority for financial
			 gain.
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 10 - Discipline Standards for Misconduct › Section 265-010-0030 - The Use of Drugs or Alcohol While on Duty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A disciplining body shall impose upon a
			 law enforcement officer disciplinary action within the following disciplinary
			 range upon a finding that the law enforcement officer engaged in misconduct by
			 unlawfully using a controlled substance while on duty.
(a) The presumptive sanction shall be
			 termination.
(b) The mitigated
			 sanctions shall include suspension without pay, a salary reduction, or
			 demotion.
Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 10 - Discipline Standards for Misconduct › Section 265-010-0035 - Aggravating and Mitigating Factors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Aggravating Factors:
(a) Prior disciplinary history.
(b) Delay in reporting.
(c) Intentional conduct.
(d) Significant impact upon the agency's
			 mission, reputation, or relationship with the community.
(e) Significant nature and extent of property
			 damage or harm.
(f) Efforts to
			 conceal or cover up conduct or behavior.
(g) Does not accept responsibility if
			 misconduct is undisputed.
(h)
			 Motivated by personal interest or gain.
(i) Failure to meet documented
			 expectations.
(j) Supervisory
			 position.
(k) Failed or declined to
			 attempt to de-escalate the encounter even though feasible to do so.
(l) Low probability or limited potential for
			 rehabilitation.
(m) The nature of
			 the event allowed time for deliberate reflection or action.
(n) Victim's vulnerability.
(o) The presence of training or experience
			 that is germane to the incident.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 1 - PROCEDURAL RULES › Section 274-001-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any rule, the
				Director of Veterans' Affairs shall give notice of the proposed adoption,
				amendment, or repeal:
(1) In the
			 Secretary of State's Bulletin referred to in ORS
			 183.360 at least 21 days prior
			 to the effective date.
(2) By
			 mailing a copy of the notice to the following persons, organizations, or
			 publications at least 28 days before the effective date:
(a) Associated Press;
(b) Advisory Committee to the
			 director;
(c) Oregon Department of
			 Veterans' Affairs' mailing list in accordance with ORS
			 183.335(8);
(d) Legislative Counsel; and
(e) Legislators designated in ORS
			 183.335(15).
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 1 - PROCEDURAL RULES › Section 274-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to the provisions of ORS
				183.341, the Department of
				Veterans' Affairs adopts the Uniform and Model Rules of Procedure as contained
				in Appendix G of the "Attorney General's Administrative Law Manual and Uniform
				and Model Rules of Procedure" dated January 2012. A copy of this manual is on
				file with the Department of Veterans' Affair, 700 Summer Street NE, Salem,
				Oregon, and is available for public review Monday through Friday between the
				hours of 8 a.m. and 5 p.m.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the
				  Department of Veterans' Affairs.
Stat. Auth.: ORS
				  183.341 &
				  406.030
Stats. Implemented: ORS
				  183.341 &
				  406.030
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 1 - PROCEDURAL RULES › Section 274-001-0010 - Procurement Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Department of Veterans' Affairs will comply with the following as they relate
			 to public contracting and procurement:
(a) The
			 Oregon Department of Administrative Services rules contained in OAR Chapter
			 125, Division 246 (General Provisions for Public Contracting) and Division 247
			 (Public Procurement of Supplies and Services);
(b) The Oregon department of Justice rules
			 contained in OAR Chapter 137, Division 46 (Model Rules General Provisions
			 Related to Public Contracting) and Division 47 (Model Rules Public Procurements
			 for Goods or Services); and
(c) ORS
			 Chapters 279A, ORS 279B, and ORS 279C.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 5 › Section 274-005-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  279.051, ORS
				  291.021, ORS
				  406.030 & ORS
				  407.115
Stats. Implemented:ORS
				  279.051, ORS
				  279.712, ORS
				  291.021, ORS
				  406.030, ORS
				  407.115, ORS
				  407.169, ORS
				  407.177, ORS
				  407.179, ORS
				  407.181, ORS
				  407.275, ORS
				  407.377, ORS
				  407.465 & ORS
				  408.360
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 5 › Section 274-005-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  279.051, ORS
				  291.021, ORS
				  406.030 & ORS
				  407.115
Stats. Implemented: ORS
				  279.051, ORS
				  279.712, ORS
				  291.021, ORS
				  406.030, ORS
				  407.115, ORS
				  407.169, ORS
				  407.177, ORS
				  407.179, ORS
				  407.181, ORS
				  407.275, ORS
				  407.377, ORS
				  407.465 & ORS
				  408.360
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 5 › Section 274-005-0050

Current through Register Vol. 63, No. 7, July 1, 2024
The Form(s) referenced in this rule is not printed in the OAR
				  compilation. Copies are available from the
				  agency.
Stat. Auth.: Ch. 214, OL 1997, ORS
				  406.030, ORS
				  407.115 & ORS
				  407.125
Stats. Implemented: Ch. 214 OL 1997, ORS
				  407.115 & ORS
				  407.125
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 5 › Section 274-005-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 279A,
				  291.021,
				  406.030 &
				  407.115
Stats. Implemented: ORS
				  406.410,
				  407.115,
				  407.225,
				  407.377,
				  407.465 &
				  408.360
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 6 - CRIMINAL RECORDS CHECKS › Section 274-006-0001 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules provide for the Department of Veterans' Affairs
				(Department) acquisition of information about a subject individual's criminal
				history through criminal records checks and its use of that information to
				determine whether the individual is fit to provide services to the Department
				as an employee, volunteer, contractor or vendor. The fact that the Department
				determines that an individual is fit does not guarantee the individual a
				position as a Department employee, volunteer, contractor or vendor or that the
				individual will be hired by the Department.
Stat. Authority: ORS
				  181.534 and
				  406.030
Stats. Implemented: ORS
				  181.534 and
				  406.030
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 6 - CRIMINAL RECORDS CHECKS › Section 274-006-0002 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "
Criminal
			 Offender Information
" means records and related data concerning physical
			 description and vital statistics, fingerprints received and compiled by the
			 Oregon Department of State Police to identify criminal offenders and alleged
			 offenders, records of arrests and the nature and disposition of criminal
			 charges, including sentencing, confinement, parole and release
			 records.
(2) "
Criminal
			 Records Check
" means one or more of the following three processes
			 undertaken by the Department to check the criminal history of a subject
			 individual:
(a) A name-based check of
			 criminal offender information conducted through the Law Enforcement Data System
			 (LEDS) maintained by the Oregon Department of State Police, in accordance with
			 the rules adopted and procedures established by the Oregon Department of State
			 Police;
(b) A check of Oregon
			 criminal offender information, through fingerprint identification and other
			 means, conducted by the Oregon Department of State Police at the Department's
			 request (Oregon Criminal Records Check); or
(c) A nationwide check of federal criminal
			 offender information, through fingerprint identification and other means,
			 conducted by the Oregon Department of State Police through the Federal Bureau
			 of Investigation or otherwise at the Department's request (Nationwide Criminal
			 Records Check).
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 6 - CRIMINAL RECORDS CHECKS › Section 274-006-0004 - Subject Individual

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may require a subject individual to complete a
				criminal records check pursuant to these rules because the person:
(1)
(a) Is
			 applying for employment with the Department of Veterans' Affairs in a position
			 described in subsection (2) of this rule or is employed by the Department but
			 is being transferred, promoted or demoted to a position described in subsection
			 (2) of this rule; or
(b) Provides
			 goods or services or seeks to provide goods or services to or on behalf of the
			 Department as a contractor, subcontractor, vendor or volunteer, or as an
			 employee, member or agent of a contractor, subcontractor, vendor or volunteer;
			 and
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 6 - CRIMINAL RECORDS CHECKS › Section 274-006-0005 - Criminal Records Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a Criminal Records Check is
			 Required. The Department may conduct, or request the Oregon State Police to
			 conduct, a criminal records check when:
(a)
			 An individual meets the definition of a subject individual; or
(b) Required by federal law or regulation, by
			 state or administrative rule, or by contract or written agreement with the
			 Department.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 6 - CRIMINAL RECORDS CHECKS › Section 274-006-0010 - Hiring or Appointing on a Preliminary Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Department elects to conduct a
			 criminal records check pursuant to these rules, the Department, in its sole
			 discretion, may hire or appoint the subject individual on a preliminary basis
			 pending completion of a criminal records check when:
(a) The subject individual has provided all
			 information (including a fingerprint card, if requested) as required by the
			 Department pursuant to OAR 274-006-0005; and
(b) The Department, in its sole discretion,
			 determines that preliminary hiring is in the Department's best
			 interests.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 6 - CRIMINAL RECORDS CHECKS › Section 274-006-0012 - Potentially Disqualifying Crimes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Crimes Relevant to a Fitness
			 Determination:
(a) All felonies;
(b) All misdemeanors;
(c) Any United States Military crime or
			 international crime;
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 6 - CRIMINAL RECORDS CHECKS › Section 274-006-0013 - Incomplete Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department will close a preliminary
			 or final fitness determination as incomplete when:
(a) Circumstances change so that a person no
			 longer meets the definition of a "subject individual" under OAR
			 274-006-0004.
(b) The subject
			 individual does not submit materials or information within the time required
			 under OAR 274-006-0005(3);
(c) The
			 Department cannot locate or contact the subject individual;
(d) The subject individual fails or refuses
			 to cooperate with the Department's attempts to acquire other criminal records
			 information under OAR 274-006-0011(2); or
(e) The Department determines that the
			 subject individual is not eligible or not qualified for the position (of
			 employee, contractor, vendor or volunteer) for a reason unrelated to the
			 fitness determination process.
(f)
			 The position is no longer open.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 6 - CRIMINAL RECORDS CHECKS › Section 274-006-0014 - Notice to Subject Individual of Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall inform the subject individual who has been
				determined not to be fit on the basis of a criminal records check, via personal
				service, or registered or certified mail to the most current address provided
				by the subject individual, of such disqualification.
Stat. Auth.: ORS
				  181.534 & 2009 SB 94
Stats. Implemented: ORS
				  181.534 & 2009 SB
				  94
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 6 - CRIMINAL RECORDS CHECKS › Section 274-006-0015 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may charge a fee for acquiring criminal offender information for use in making
			 a fitness determination. In any particular instance, the fee shall not exceed
			 the fee(s) charged the Department by the Oregon Department of State Police and
			 the Federal Bureau of Investigation to obtain criminal offender information on
			 the subject individual.
(2) The
			 Department may charge the fee to the individual on whom criminal offender
			 information is sought, or, if the individual is an employee of a Department
			 contractor or vendor and is undergoing a fitness determination in that
			 capacity, the Department may charge the fee to the individual's
			 employer.
Stat. Auth.: ORS
				  181.534,
				  406.005,
				  406.030 & 2009 SB 94
Stats. Implemented: ORS
				  181.534,
				  406.005,
				  406.030 & 2009 SB
				  94