reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 15 - LAW ENFORCEMENT DATA SYSTEM (LEDS) › Section 257-015-0090 - Criteria for Revocation of Terminal or Informational Access to LEDS

Current through Register Vol. 63, No. 7, July 1, 2024
The authorization of any agency to access the LEDS network or
				associated systems or to retain access is subject to revocation or cancellation
				by LEDS on the following grounds:
(1)
			 Violation by the agency or a by a member of the agency of any state statute,
			 administrative rule, or policy pertaining to the use of LEDS or associated
			 systems.
(2) Violation of the
			 security of the LEDS system.
(3)
			 Accessing, retrieving or using information from or through the LEDS system for
			 non-official or unauthorized purposes.
Statutory/Other Authority: ORS
				  181A.280(3)
Statutes/Other Implemented: ORS
				  181A.280
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 15 - LAW ENFORCEMENT DATA SYSTEM (LEDS) › Section 257-015-0100 - Criteria for Computer Access to the LEDS Network

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A local or state government computer
			 center may be given direct access to the LEDS network if the agency operating
			 the computer is a criminal justice agency. If the agency operating the computer
			 is not a criminal justice agency, then there must be a current management
			 control agreement in effect between the computer center management and one of
			 the criminal justice agencies served by the computer center.
(2) The criteria for allowing terminal access
			 to LEDS are described in OAR 257-015-0080. A local or state computer system
			 connected to LEDS may allow such access after giving written notification to
			 the LEDS Director, including the identification of the agency requesting
			 access, the terminal identifier, and other information needed by LEDS to ensure
			 proper authorization.
Statutory/Other Authority: ORS
				  181A.280(3)
Statutes/Other Implemented: ORS
				  181A.280
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 20 - PUBLIC RECORDS › Section 257-020-0010 - Public Records Access and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of State Police may
			 require any request for public records be made in writing.
(2) The Department may charge fees to cover
			 its reasonable costs in responding to requests for public records:
(a) The Department will establish a schedule
			 of fees. The schedule may be amended from time to time to reflect changes in
			 the actual costs incurred by the Department. The fee schedule is available to
			 any person from the Department without charge.
(b) The Department may prepare an estimate of
			 the cost of responding to any request for public records, and the Department
			 shall prepare an estimate when requested by the person making the request for
			 records.
(c) The Department may
			 require payment of all or a portion of estimated costs prior to making the
			 requested records available.
(d)
			 The Department at its discretion may waive fees.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 25 - FIELD SOBRIETY TESTS › Section 257-025-0000 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to implement and interpret ORS
				Chapters 801 and 813 with regard to field sobriety tests. The Department of
				State Police is empowered to make rules interpreting and implementing the
				described statutes. It is intended by these rules to standardize field sobriety
				tests throughout the state.
Stat. Auth.: ORS
				  801.272
Stats. Implemented: ORS
				  801.272 & ORS
				  813.135
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 25 - FIELD SOBRIETY TESTS › Section 257-025-0005 - General Requirements of ORS 801.272

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 801.272 generally provides that
				the Oregon State Police approve by rule, after consultation with the Board on
				Public Safety Standards and Training (BPSST), physical and/or mental tests that
				enable a police officer or trier of fact to screen for or detect evidence of
				physical condition that indicates probable impairment from intoxicating liquor,
				a controlled substance or a combination of intoxicating liquor and controlled
				substance. Tests meeting the requirements of ORS
				801.272 are defined as field
				sobriety tests and are listed and described in OAR 257-025-0012  and OAR
				257-025-0020.
Stat. Auth.: ORS
				  801.272
Stats. Implemented: ORS
				  801.272
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 25 - FIELD SOBRIETY TESTS › Section 257-025-0010 - Acts, Signs, and Symptoms of Intoxicant Impairment

Current through Register Vol. 63, No. 7, July 1, 2024
The following acts, signs or symptoms are, typically, present
				in circumstances of intoxicant impairment. They are not field sobriety tests. A
				police officer may testify to their presence at any proceeding, criminal or
				civil, resulting from a DUII (driving under the influence of intoxicants)
				arrest. These acts, signs and symptoms include, but are not limited to:
(1) Difficulty in walking or unusual
			 walking.
(2) Difficulty
			 standing.
(3) Difficulty following
			 directions.
(4) Odor of alcoholic
			 beverage on the breath
(5) Flushed
			 or pale appearance.
(6) Speech
			 difficulties or unusual speech patterns.
(7) Disorderly or unusual conduct or
			 demeanor.
(8) Lack of muscular
			 coordination or muscular tremors.
(9) Evidence of mental disturbance.
(10) Visual disorders or
			 difficulties.
(11) Sleepiness or
			 drowsiness.
(12)
			 Dizziness.
(13) Nausea or
			 vomiting.
(14) Mood
			 swings.
(15) Difficultly with
			 divided attention.
(16) Bloodshot
			 and/or watery and/or glassy eyes.
Stat. Auth.: ORS
				  801.272
Stats. Implemented: ORS
				  801.272
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 25 - FIELD SOBRIETY TESTS › Section 257-025-0012 - Approved Field Sobriety Tests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following "field sobriety tests", as
			 that phrase is defined by ORS.
			 801.272, are approved by the
			 Department of State Police, after consultation with the Board on Public Safety
			 Standards and Training (BPSST), for use by sworn police officers:
(a) Horizontal Gaze Nystagmus
			 (HGN);
(b) Walk and turn
			 test;
(c) One Leg Stand;
(d) Modified Finger to Nose Test;
(e) Finger Count;
(f) Alphabet;
(g) Counting;
(h) Internal Clock;
(i) Romberg Balance Test.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 25 - FIELD SOBRIETY TESTS › Section 257-025-0020 - Conducting Approved Field Sobriety Tests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Nothing in this rule prohibits the police
			 officer from providing additional information to the person asked or requested
			 to take the field sobriety tests that the officer considers convenient or
			 appropriate. By way of example, but not limitation, the officer may orally
			 describe some or all of the tests intended to be administered. Prior to the
			 administration of each field sobriety test, the officer shall generally explain
			 the field sobriety test to the person requested to take the test. The field
			 sobriety tests shall be administered substantially as described below. Each
			 field sobriety test, as described below, is specifically found to meet the
			 requirements of ORS 801.272:
(a) Horizontal Gaze Nystagmus: The police
			 officer must have received training in the administration of the Horizontal
			 Gaze Nystagmus (HGN) test by the Oregon State Police, BPSST, or other
			 governmental entity prior to its administration under this rule. The officer
			 shall use a stimulus (such as a finger, pencil or penlight) held vertically in
			 front of the person's face approximately 12 to 15 inches away from the person's
			 face. The person tested must hold their head still. The officer, during the
			 administration of the testing procedures, should conduct the testing procedures
			 in the order listed unless circumstances or conditions dictate otherwise:
(A) The officer shall move the stimulus from
			 the center of the face to the side, checking for the lack of smooth pursuit of
			 the eyes as they track the stimulus;
(B) The officer shall check for distinct
			 nystagmus at the maximum deviation of each eye;
(C) The officer shall check for the onset of
			 nystagmus prior to 45 degrees in each eye.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 30 - ALCOHOL BREATH TESTING › Section 257-030-0040 - Criteria for Approval of Breath Testing Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
Any instrument or equipment to be used for the testing of a
				person's breath to determine the alcohol content of the blood may be approved
				by the Oregon State Police if one or more of the following criteria are
				met:
(1) Submission by the
			 manufacturer or distributor of the instrument of at least two reports of
			 studies correlating blood analysis and breath tests performed with this
			 instrument, conducted by two separate laboratories of governmental health or
			 law enforcement agencies, or independent organizations, financially unrelated
			 to the manufacturer or distributor of such instruments.
(2) Provision of a production model of the
			 instrument by the manufacturer or distributor to the Oregon State Police for a
			 sufficient period of time to allow Oregon State Police technician(s) to conduct
			 sufficient investigation and laboratory tests to adequately ascertain accuracy
			 and reproducibility of the breath testing equipment.
(3) Those instruments which have been found
			 by the National Highway Traffic Safety Administration to conform to the model
			 specifications for evidential breath testing devices, and which are listed on
			 the
Conforming Products List in the Federal Register
.
(4) Subsequent series of above instruments,
			 so long as the subsequent changes and series do not diminish the instrument's
			 ability to accurately determine blood alcohol content.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  183.335 & 813
Stats. Implemented: ORS
				  813.160
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 30 - ALCOHOL BREATH TESTING › Section 257-030-0050 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules, "Chemical Test" and "Chemical Analysis"
				both mean a quantitative analysis for alcohol by means of direct or indirect
				measurement of physicochemical technique performed on a sample of
				breath.
Stat. Auth.: ORS
				  183.335 &
				  813.160
Stats. Implemented: ORS
				  813.160
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 30 - ALCOHOL BREATH TESTING › Section 257-030-0060 - Approved Breath Testing Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
The following breath testing equipment is approved under OAR
				257-030-0040  for performing chemical analysis of a person's breath: The
				Intoxilyzer 5000:
(1) Reports of
			 correlation studies furnished by the manufacturer(s) are maintained by the
			 Oregon State Police.
(2)
			 Correlation studies performed with the Intoxilyzer 5000 by Oregon State Police
			 technician(s) are incorporated as
Appendix 1
:
Studies
			 Performed with the Intoxilyzer® 5000
.
Appendices referenced are available from the
				  agency.
Stat. Auth.: ORS
				  183.335 &
				  813.160
Stats. Implemented: ORS
				  813.160
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 30 - ALCOHOL BREATH TESTING › Section 257-030-0070 - Approved Methods for Operating the Intoxilyzer 5000

Current through Register Vol. 63, No. 7, July 1, 2024
The following method of performing Chemical Analysis of a
				subject's breath is approved for the Intoxilyzer 5000:
(1) Test Identification: A check list
			 containing an outline of the approved procedures shall be used and completed by
			 all operators of this instrument.
(2) Pre-Test Requirement:
(a) The operator is certain that the subject
			 has not taken anything by mouth (drinking, smoking, eating, taking medication,
			 etc.), vomited, or regurgitated liquid from the stomach into mouth, for at
			 least fifteen minutes before taking the test;
(b) There is no requirement that the operator
			 be the person who makes observation of the subject. The person performing the
			 Pre-Test Requirement (observation period) need not possess a permit to test the
			 alcoholic content of blood.
(c)
			 There is no requirement that the subject rinse the mouth or remove
			 dentures.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 30 - ALCOHOL BREATH TESTING › Section 257-030-0080 - Qualifications of Breath Test Equipment Operators

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No individual shall operate approved
			 breath testing equipment to determine the alcoholic content of the blood of a
			 person in accordance with the provisions of ORS
			 813.160 unless that individual
			 has been issued a permit to operate such equipment by the Oregon State
			 Police.
(2) To qualify for training
			 and to obtain a permit for the operation of approved breath testing equipment,
			 an individual must be a police officer as defined in ORS
			 801.395 or a trained technician
			 of the Oregon State Police. The term police officer includes reserve police
			 officer.
Stat. Auth.: ORS
				  183.335 &
				  813.160
Stats. Implemented: ORS
				  813.160
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 30 - ALCOHOL BREATH TESTING › Section 257-030-0090 - Training for Operators of Breath Test Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon State Police, or instructors
			 approved by the Oregon State Police will provide a course of instruction as
			 provided in ORS 813.160.
(2) Upon completion of the course of
			 instruction, a written examination will be given and a passing grade of 80
			 percent or above will be required. Each officer or technician obtaining a
			 passing grade will be issued a permit by the Oregon State Police stating the
			 method and equipment the officer or technician is qualified to
			 operate.
Stat. Auth.: ORS
				  183.335 &
				  813.160
Stats. Implemented: ORS
				  813.160
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 30 - ALCOHOL BREATH TESTING › Section 257-030-0100 - Certification of Accuracy of Breath Test Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
A trained technician of the Oregon State Police will conduct an
				accuracy test of approved breath testing equipment and shall certify the
				accuracy of the equipment if accuracy test performance is within a range of
				0.010 high to 0.020 low of the expected value. The testing can be performed by
				either an on site test, or by remote testing via telephone modem utilizing a
				computer. The computerized testing will utilize a security system to ensure the
				integrity of the scientific testing of the breath test
				equipment.
Stat. Auth.: ORS
				  183.335 &
				  813.160
Stats. Implemented: ORS
				  813.160
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 30 - ALCOHOL BREATH TESTING › Section 257-030-0105 - Definitions; Severability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used
			 in these rules, "Chemical Test" and "Chemical Analysis" of a person's breath
			 both mean the quantitative analysis for alcohol by means of direct or indirect
			 measurement of physicochemical technique. Two valid breath samples, provided
			 within a single testing sequence and culminating in a printed report with a
			 completed test result shall constitute a "Chemical Test" of a person's
			 breath.
(2) A "valid breath sample"
			 means a sample of a person's breath provided in such a manner to be acceptable
			 for analysis by the instrument.
(3)
			 Severability: If any part or provision of OAR 257-030-0105  to 257-030-0170  or
			 the application thereof is held invalid, the remaining part(s) or provision(s)
			 shall remain in full force and effect.
Stat. Auth.: ORS
				  183.335 &
				  813.160
Stats. Implemented: ORS
				  813.160
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 30 - ALCOHOL BREATH TESTING › Section 257-030-0110 - Criteria for Approval of Breath Testing Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
Any instrument or equipment to be used for the testing of a
				person's breath to determine the alcohol content of the blood may be approved
				by the Oregon State Police if one or more of the following criteria are
				met:
(1) Submission by the
			 manufacturer or distributor of the instrument of at least two reports of
			 studies correlating blood analysis and breath tests performed with this
			 instrument, conducted by two separate laboratories of governmental health or
			 law enforcement agencies, or independent organizations, financially unrelated
			 to the manufacturer or distributor of such instruments.
(2) Provision of a production model of the
			 instrument by the manufacturer or distributor to the Oregon State Police for a
			 sufficient period of time to allow Oregon State Police technician(s) to conduct
			 sufficient investigation and laboratory tests to adequately ascertain accuracy
			 and reproducibility of the breath testing equipment.
(3) Those instruments which have been found
			 by the National Highway Traffic Safety Administration to conform to the model
			 specifications for evidential breath testing devices, and which are listed on
			 the
Conforming Products List in the Federal Register
.
(4) Subsequent series of above instruments,
			 so long as the subsequent changes and series do not diminish the instrument's
			 ability to accurately determine blood alcohol content.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  183.335 &
				  813.160
Stats. Implemented: ORS
				  813.160
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 30 - ALCOHOL BREATH TESTING › Section 257-030-0120 - Approved Breath Testing Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
The following breath testing equipment is approved under OAR
				257-030-0110  for performing chemical analysis of a person's breath: The
				Intoxilyzer 8000: Correlation studies performed with the Intoxilyzer 8000 by
				Oregon State Police technician(s) are incorporated as
Appendix 2
:
Studies Performed with the Intoxilyzer® 8000
.
Appendices referenced are available from the
				  agency.
Stat. Auth.: ORS
				  183.335 &
				  813.160
Stats. Implemented: ORS
				  813.160
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 30 - ALCOHOL BREATH TESTING › Section 257-030-0130 - Approved Methods for Operating the Intoxilyzer 8000

Current through Register Vol. 63, No. 7, July 1, 2024
The following method of performing Chemical Analysis of a
				subject's breath is approved for the Intoxilyzer 8000:
(1)
Test Identification
: A check
			 list containing an outline of the approved procedures shall be used and
			 completed by all operators of this instrument. Failure to record information
			 specified in this section does not invalidate the test result obtained if the
			 testing procedures were otherwise followed.
(2)
Pre-Test Requirement
:
(a) The operator is certain that the subject
			 has not taken anything by mouth (drinking, smoking, eating, taking medication,
			 etc.), vomited, or regurgitated liquid from the stomach into mouth, for at
			 least fifteen minutes before taking the test;
(b) There is no requirement that the operator
			 be the person who makes observation of the subject. The person performing the
			 Pre-Test Requirement (observation period) need not possess a permit for the
			 testing of alcoholic content of blood;
(c) The Pre-Test Requirement (observation
			 period) does not require that the subject rinse the mouth or remove dentures
			 prior to providing a breath sample;
(d) The use of a mouthpiece by the subject
			 during the testing sequence does not constitute a violation of the Pre-Test
			 Requirement.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 30 - ALCOHOL BREATH TESTING › Section 257-030-0140 - Determining Agreement of Breath Samples Within a Testing Sequence

Current through Register Vol. 63, No. 7, July 1, 2024
Agreement between two valid breath samples within a testing
				sequence is established when the subject sample measurements agree within plus
				or minus ten percent of their mean, inclusive of the upper and lower bounds of
				the range. If the instrument establishes agreement, the lower breath sample
				measurement shall be truncated to two decimal places and reported as the
				chemical test result. If the subject sample measurements do not agree, the
				instrument will abort the testing sequence and display "Sample Correlation
				Failure".
Stat. Auth.: ORS
				  183.335 &
				  813.160
Stats. Implemented: ORS
				  813.160
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 30 - ALCOHOL BREATH TESTING › Section 257-030-0150 - Qualifications of Breath Test Equipment Operators

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No individual shall operate approved
			 breath testing equipment to determine the alcoholic content of the blood of a
			 person in accordance with the provisions of ORS
			 813.160 unless that individual
			 has been issued and maintains a valid permit to operate such equipment by the
			 Oregon State Police.
(2) To qualify
			 for training and to obtain a permit for the operation of approved breath
			 testing equipment, an individual must be a police officer as defined in ORS
			 801.395 or a trained technician
			 of the Oregon State Police. The term police officer includes reserve police
			 officer.
Stat. Auth.: ORS
				  183.335 &
				  813.160
Stats. Implemented: ORS
				  813.160
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 30 - ALCOHOL BREATH TESTING › Section 257-030-0160 - Training for Operators of Breath Test Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon State Police, or instructors
			 approved by the Oregon State Police will provide a course of instruction as
			 provided in ORS 813.160.
(2) Upon completion of the course of
			 instruction, a written examination will be given and a passing grade of 80
			 percent or above will be required. Each officer or technician obtaining a
			 passing grade will be issued a permit by the Oregon State Police stating the
			 method and equipment the officer or technician is qualified to
			 operate.
(3) Upon issuance of a
			 permit to operate by the Oregon State Police, the operator shall select a
			 Personal Identification Number (PIN) to be used by the Oregon State Police to
			 establish the operator's operator permit and PIN combination. The operator
			 permit number shall be the operator's Department of Public Safety Standards and
			 Training (DPSST) number. The operator's permit and PIN combination shall be
			 unique and kept confidential by both the operator and the Oregon Department of
			 State Police.
(4) Expiration:
(a) Permits shall expire at intervals not to
			 exceed three (3) years from the original date of issue, unless renewed for an
			 additional three (3) year period.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 30 - ALCOHOL BREATH TESTING › Section 257-030-0170 - Certification of Accuracy of Breath Test Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				813.160(b)(C),
				a trained technician of the Oregon State Police shall conduct an accuracy test
				of approved breath testing equipment and certify the accuracy of the equipment
				if accuracy test performance is within a range of 0.010 high to 0.020 low of
				the expected value. The testing can be performed by either an on site test, or
				by remote testing via telephone, modem, or Internet connection utilizing a
				computer. The computerized testing will utilize a security system to ensure the
				integrity of the scientific testing of the breath test
				equipment.
Stat. Auth.: ORS
				  183.335 &
				  813.160
Stats. Implemented: ORS
				  813.160
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 35 - USE OF CRIME DETECTION LABORATORIES EQUIPMENT › Section 257-035-0005 - Use of Crime Detection Laboratories Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
"Services" as used in ORS
				181.080 means the operation of
				the equipment by authorized Department personnel and excludes the private use
				of laboratory facilities.
Stat. Auth.: ORS 183
Stats. Implemented: ORS
				  181.080
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 40 - ELECTRONIC SIGNALING DEVICES › Section 257-040-0005 - Introductory Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Nothing
			 in these rules is intended to impose any duty or any standard of care or
			 conduct on any public or private body, entity or person to initiate or
			 undertake any search and rescue or related operation, to conduct any such
			 operation in any particular manner, or to provide any form of monitoring of
			 radio signals in any geographic area.
(2) The distributor of electronic signaling
			 devices may require that users of the devices execute a release or waiver form
			 under which users absolve the distributor or liability based on a claim that
			 the device failed to function successfully, but no such release shall apply
			 with respect to wilful or wanton misconduct or to distribution of a device with
			 actual knowledge that is fails to meet the specifications in
Exhibit
			 1
of theses rules.
(3)
			 Distributors shall require users to report to the distributor, its agents or
			 employes any activation, dropping, abuse, damage or impacts sustained by the
			 devices.
The Exhibit referenced in this rule is not printed in the OAR
				  Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS
				  401.635
Stats. Implemented: ORS
				  401.605 - ORS
				  401.635
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 40 - ELECTRONIC SIGNALING DEVICES › Section 257-040-0010 - Distribution Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 giving any users custody of an electronic signaling device, the distributor
			 must:
(a) Test the device for minimum power
			 and so indicate on the user log (a Model User Log is attached as
Exhibit
			 1
);
(b) Visually inspect the
			 device for external signs of damage and so indicate on the user log;
(c) Visually ascertain that the real on the
			 device is intact and so indicate on the user log;
(d) Provide the user a copy of the written
			 device instructions and a copy of the user's fact sheet (a Model User's Fact
			 Sheet is attached as
Exhibit 2
), alert the user to any use
			 instructions on the device or its harness, and obtain the user's written
			 acknowledgement that the user has read the written instructions and witnessed
			 the minimum power test;
(e) Enter
			 his or her initial on the "Check Out Procedures" portion of the user
			 log.
(f) The distributor shall not
			 permit the use of any device that fails any test or inspection required above.
			 However, where the visual inspection discloses only superficial damage of the
			 device, as opposed to breakage of any component or a breach of the case, the
			 device may be used it it passes the other tests and inspections.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 40 - ELECTRONIC SIGNALING DEVICES › Section 257-040-0020 - Return of a Device to a Distributor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On the return of a device to a
			 distributor, the distributor must:
(a) Test
			 the device for minimum power and so indicate on the user log;
(b) Visually inspect the device for external
			 signs of damage and so indicate on the user log;
(c) Visually inspect the seal on the device
			 and record the seal number on the user log;
(d) Enter his or her initials on the "Check
			 In Procedures" portion of the user log.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 40 - ELECTRONIC SIGNALING DEVICES › Section 257-040-0030 - Specifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 of State Police has adopted the document entitled:
"Specifications for
			 the Electronic Signaling Device Pilot System (ESD), March 28, 1988, Oregon
			 State Police, Advisory Committee - Senate Bill 915"
, as the
			 specifications required by ORS
			 401.635 for electronic signaling
			 devices. Those specifications are incorporated into these rules and are
			 available at the Oregon Department of State Police, Communications Division,
			 107 Public Service Building, Salem, OR 97310, (503) 378-2575).
(2) Nothing in these rules is intended to
			 restrict the development of or commerce in electronic signaling devices. Upon
			 the written request of a manufacturer or distributor of such devices, the
			 Department of State Police will consider additions or amendments to the
			 specifications, provided that the proposed changes will not impair the
			 reliability of electronic location devices, the safety of climbers or
			 wilderness travelers, and will comply with federal and state laws regulating
			 electronic transmitters and transmissions.
Stat. Auth.: ORS
				  401.635
Stats. Implemented: ORS
				  401.605 - ORS
				  401.635
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 45 - VEHICLE TOW HEARING PROCESS › Section 257-045-0010 - Purpose and Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 administrative rules govern the hearing process regarding vehicles that will
			 be, or have been taken, into custody by the department pursuant to ORS
			 819.110 or
			 819.120.
(2) These administrative rules are
			 promulgated pursuant to Oregon Laws 2009, chapter 371 (HB 2738), which require
			 that if the department is the authority that takes a vehicle into custody
			 pursuant to ORS 819.110 or
			 819.120 that is located upon the
			 right of way of a state highway, an interstate highway that is part of the
			 National System of Interstate and Defense Highways, or state property, the
			 department is responsible for notices and hearings related to the vehicle taken
			 into custody.
Stat. Auth.: OL 2009, ch. 371 (HB 2738)
Stats. Implemented: OL 2009, ch. 371 (HB
				  2738)
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 45 - VEHICLE TOW HEARING PROCESS › Section 257-045-0020 - Scope of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The owner of
			 the vehicle, a person entitled to possession of the vehicle, or a person with a
			 recorded interest on the title of the vehicle, may request a hearing to contest
			 the validity of the towing and custody of the vehicle.
(2) The owner of the vehicle, a person
			 entitled to possession of the vehicle, or a person with a recorded interest on
			 the title of the vehicle, may request a hearing to contest the reasonableness
			 of the charges for towing and storage only if the department used its own
			 personnel, equipment and facilities in conducting the tow or in storing the
			 vehicle.
Stat. Auth.: OL 2009, ch. 371 (HB 2738)
Stats. Implemented: OL 2009, ch. 371 (HB
				  2738)
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 45 - VEHICLE TOW HEARING PROCESS › Section 257-045-0030 - Notice and Request for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the department proposes to take or has
			 taken custody of a vehicle in accordance with ORS
			 819.110 or
			 819.120, the department shall
			 provide notice as described in ORS
			 819.170 or
			 819.180.
(2) A request for hearing shall be made in
			 writing to the department at the address contained in the notice.
(3) Requests for hearing must be received by
			 the department by 5:00 p.m. of the fifth business day (Saturdays, Sundays, and
			 Holidays excluded) following the date of the posting or mailing of the notice.
			 For purposes of this rule, "received by the department" means:
(a) Personally delivered to the Station
			 Commander of the local patrol office in the area in which the vehicle will be,
			 or has been, taken into custody and towed;
(b) Delivered by mail to OSP Headquarters,
			 Patrol Services Division, 255 Capitol Street NE, 4th Floor, Salem, Oregon
			 97310; or
(c) Received by facsimile
			 machine at telephone number (503) 391-5910.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 45 - VEHICLE TOW HEARING PROCESS › Section 257-045-0040 - Hearing Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 72
			 hours of its receipt of a timely request for hearing, the department shall
			 schedule a hearing. The 72 hour period shall not include Saturdays, Sundays, or
			 Holidays.
(2) The department shall
			 provide notice of the hearing to the following persons:
(a) The person requesting the
			 hearing;
(b) The owner(s) of the
			 vehicle; and
(c) Any lessors or
			 security interest holders of the vehicle, as shown in the records of the Oregon
			 Department of Transportation.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 45 - VEHICLE TOW HEARING PROCESS › Section 257-045-0050 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
The determination of the hearing officer is final and not
				subject to appeal.
Stat. Auth.: OL 2009, ch. 371 (HB 2738)
Stats. Implemented: OL 2009, ch. 371 (HB
				  2738)
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0040 - Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 Administrative Rules are promulgated pursuant to ORS
			 181.440, which permits the
			 Superintendent of the Oregon State Police to make rules governing the
			 eligibility of tow businesses to be placed and remain on any list of listed tow
			 businesses used by the Department when it requests towing services on behalf of
			 any person.
(2) All listed tow
			 businesses providing service to the public and the Department through calls
			 received from the Oregon State Police shall conduct their business operation in
			 accordance with all applicable federal, state, and local laws.
Statutory/Other Authority: ORS
				  181.440
Statutes/Other Implemented: ORS
				  181.440
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0060 - Application to be a listed tow business

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application for certification must be
			 filed by an authorized agent or representative of the applicant tow business.
			 All applications must be filed with the Oregon State Police Non-Preference Tow
			 Program. If the tow business is a partnership, each partner must be listed on
			 the application. If the tow business is a corporation, all officers, managers,
			 and stockholders holding 10% or more of the total issued and outstanding stock
			 of the applicant corporation must be listed on the application.
(2) The authorized agent or representative of
			 the applicant tow business must affirm and swear, under penalty of False
			 Swearing (ORS 822.605), in each application,
			 that its tow business, employees and vehicles meet the minimum requirements as
			 set forth in these Administrative Rules and Oregon Revised Statutes. False
			 swearing may result in denial, suspension or revocation from the non-preference
			 tow rotational list. Each application must also contain a signed affirmation
			 from the authorized agent or representative that the tow business complies with
			 all applicable local laws and regulations.
(3) Upon being granted certification, a
			 certificate and vehicle stickers will be mailed to the listed tow business. The
			 listed tow business must display the sticker on the lower left front windshield
			 of each tow vehicle that has been approved. Any alteration of the vehicle
			 sticker or certification may form the basis of an action to suspend or revoke
			 the certification.
(4) A tow
			 business may not be listed on the non-preference tow list until the Department
			 has issued a certification to the tow business. The Department shall not call a
			 towing business for non-preference towing unless the business has a current
			 certification issued by the Oregon State Police Tow Program. Nothing herein
			 shall prohibit the Department from calling a towing business upon a specific
			 request of the person responsible for the vehicle or their agent.
(5) A certification will not be granted until
			 the application forms have been completed in their entirety by the authorized
			 agent or representative of a tow business and approved by the
			 Department.
(6) A principal of
			 multiple tow businesses may only have one listed tow business per tow zone for
			 each classification.
(7) All
			 authorized agents or representatives must affirm in the certification
			 application that if listed, the tow businesses shall tow abandoned vehicles in
			 accordance with Chapter 819 of the Oregon Revised Statutes. Failure to tow
			 abandoned vehicles in accordance with ORS Chapter 819 may subject the tow
			 business to suspension or revocation of the non-preference tow
			 certification.
Statutory/Other Authority: ORS
				  181.440
Statutes/Other Implemented: ORS
				  181.440
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0070 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application for certification must be made on forms furnished by the Oregon
			 State Police and must be accompanied by an inspection report. The information
			 provided in the application must provide sufficient information for the
			 Department to make all of the following determinations:
(a) The applicant tow business has an
			 established place of business within the tow zone at the address shown on the
			 application.
(b) The applicant tow
			 business' place of business complies with these Administrative Rules and all
			 other provisions of state, local, and federal law.
(c) The applicant's storage facility complies
			 with these Administrative Rules and local, state and federal laws.
(d) The applicant tow business is properly
			 registered with the Oregon Secretary of State.
(e) The address the tow business lists on its
			 application shall be the place of business where the tow business maintains
			 business records.
(f) The
			 application shall list all locations of vehicle storage facilities and places
			 for redemption of vehicles.
(g)
			 Each applicant tow business owner and authorized manager has a minimum of 3
			 years prior towing experience as of submitting the application
			 packet;
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0090 - Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
The authorized agent or representative of the tow business
				shall self-certify on its application under penalty of False Swearing related
				to Regulation of Vehicles related to Businesses (ORS
				822.605), penalty of Perjury
				(ORS 162.065), suspension or
				revocation from the non-preference tow rotational list that its tow business,
				employees and vehicles meet the minimum requirements as set forth in these
				Administrative Rules. This self-certification shall verify that the tow
				business' request for a letter of appointment complies with all applicable
				local laws and regulations as prescribed for the geographical area where the
				tow business will be established. If local zoning regulations are applicable,
				the authorized agent or representative of the tow business must include with
				the application a copy of the certification of approval from the local planning
				department, zoning commission or other authorized unit of local government, to
				the Department. A zoning certification will become part of the permanent record
				maintained for each qualified tow business by the Department.
Stat. Auth.: ORS
				  181.440
Stats. Implemented: ORS
				  181.440
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0095 - Letter of Appointment

Current through Register Vol. 63, No. 7, July 1, 2024
The letter of appointment shall be completed by the Department
				establishing that the tow business has met the requirements for a letter of
				appointment. The designated tow zone(s), class of tow vehicle(s), specific
				vehicles authorized to operate in each zone, and any waivers will be listed in
				the letter.
Stat. Auth.: ORS
				  181.440
Stats. Implemented: ORS
				  181.440
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0100 - Issuance of Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Only a tow business with a valid non-preference tow certfication from the
			 Department, as described herein shall be called upon to perform non-preference
			 towing services at the request of the Department. Non-preference tow
			 certification shall only be issued by the Department when a completed
			 application for non-preference tow certification has been submitted to the
			 Oregon State Police Non-preference Tow Program and the Department determines
			 that all qualifications set out in these Administrative Rules have been met by
			 the applicant tow business.
(2) A
			 non-preference tow certification is valid only for the zone or zones listed in
			 the certification and assigned by the Oregon State Police Tow Program and only
			 for the identified tow vehicles will identify specific vehicles auhorized to
			 operate in each zone.
(3) A tow
			 business may petition the Oregon State Police for a waiver of a non-safety
			 related requirement. A petition for waiver must be sent to the Oregon State
			 Police Non-preference Tow Program at Oregon State Police, 3565 Trelstad Ave Se,
			 Salem, OR 97317. The Department may grant a waiver if it determines:
(a) that the towing needs in a specific zone
			 are inadequate;
(b) that the tow
			 business seeking a waiver has the tow resources which can meet the Department's
			 needs if a waiver is granted; and
(c) the waiver of equipment will not
			 negatively impact the safety of any person.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0115 - Suspension and Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purpose of 257-050-0115, the following suspension periods apply:
(a) "First suspension" -- any first violation
			 of OAR 257-050-0115  shall be for a period of not less than 60 days.
(b) "Second Suspension" -- any second
			 violation of OAR 257-050-0115  that is committed within a one (1) year period
			 from the date of any final order under this rule shall be for a period of not
			 less than one (1) year.
(c) "Third
			 Suspension" -- any third violation of OAR 257-050-0115  that is committed within
			 a three (3) year period of the date of any final order under this rule shall be
			 a revocation.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0125 - Re-inspection and Recertification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Re-inspections must be conducted at least once a year by an Oregon State Police
			 inspector. Unscheduled inspections of a listed tow business may be conducted
			 without notice by an Oregon State Police inspector to determine compliance with
			 these rules. All inspections shall be done during business hours. If Oregon
			 State Police Inspectors are not available to conduct the inspection, the Oregon
			 State Police Tow Program may authorize a listed tow business to conduct a
			 self-inspection that will be included with the application.
(2) If an inspection reveals that tow truck
			 equipment, unrelated to safety related requirements, is missing from a tow
			 truck or is defective, the Oregon State Police shall immediately advise the
			 listed tow business in writing that a tow truck is in violation of these Oregon
			 Administrative rules. Such notice shall identify the specific tow truck, the
			 specific rule being violated and include a copy of the inspection report.
(a) If the listed tow business fails to
			 remedy the missing or defective non-safety related equipment within 15 days of
			 the date of notice, the tow truck with the missing or defective equipment shall
			 be removed from the list of tow vehicles authorized by the non-preference tow
			 certification issued to the listed tow business.
(b) If an inspection reveals that a listed
			 tow business's facilities, records or other non-safety related items violates
			 these rules, the Oregon State Police shall advise the listed tow business in
			 writing of the violation. Such notice shall identify the specific violation(s)
			 and include a copy of the inspection report. If the listed tow business fails
			 to remedy the violation within 15 days of the date listed on the notice, the
			 listed tow business's certification shall be revoked.
(c) A listed tow business may avoid
			 revocation of non-preference tow certification under this section by
			 voluntarily removing the violating tow vehicle or facility from the list of
			 authorized tow vehicles or facilities. Notice advising the Oregon State Police
			 that the listed tow business has voluntarily removed a violating tow vehicle or
			 facility from service must be in writing and sent to the Oregon State Police
			 Tow Program at 3565 Trelstad Avenue SE, Salem Oregon 97317. Notification of
			 voluntary removal must be received by the Oregon State Police Tow Program no
			 later than 15 days after the date on the notice the Department issued to the
			 listed tow business. If a listed tow business remedies the violations regarding
			 the tow vehicle or facility after voluntary removal, the listed tow business
			 may request re-inspection by the Oregon State Police. The Oregon State Police
			 may re-authorize inclusion of a tow vehicle or facility if a listed tow
			 business passes a re-inspection as described in this section.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0130 - Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
A tow business or qualified tow business aggrieved by the
				decision of the Hearings Program officer denying, suspending, or revoking a
				letter of appointment must make any further appeal of such decision to the
				Oregon Court of Appeals.
Stat. Auth.: ORS
				  181.440
Stats. Implemented: ORS
				  181.440