Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 8 - CRIMINAL JUSTICE EMPLOYMENT, TRAINING AND CERTIFICATION › Section 259-008-0300 - Grounds for Denial, Revocation or Emergency Suspension of Public Safety Professional Certifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board has established moral fitness standards that it has determined are
			 critical to upholding the public's trust in the public safety profession,
			 protecting the public and ensuring that the conduct of a public safety
			 professional or an applicant does not reflect adversely on the public safety
			 profession. The Board finds by adopting this rule that a violation of these
			 standards is substantially related to the duties performed by a certified
			 public safety professional.
(2)
			 Mandatory Denial or Revocation of a Public Safety Professional's
			 Certifications. The Department must deny or revoke a public safety
			 professional's certifications based upon a finding that:
(a) The public safety professional has a
			 conviction for any offense designated under the law of the jurisdiction where
			 the conviction occurred as being punishable as a felony or as a crime for which
			 a maximum term of imprisonment of more than one year may be imposed;
(b) The public safety professional has a
			 conviction in any jurisdiction for any offense involving the unlawful use,
			 possession, delivery or manufacture of a controlled substance, narcotic or
			 dangerous drug, except for criminal dispositions involving use or possession of
			 marijuana which are reviewed as discretionary cases under section (3) of this
			 rule;
(c) The public safety
			 professional has a conviction in any jurisdiction for any offense involving
			 domestic violence. For the purposes of this rule, domestic violence includes
			 abuse of a child, and the term "domestic violence" has the meaning given by ORS
			 135.230,
			 the term "abuse" has the meaning given by ORS
			 107.705,
			 and the term "child" means a child who is under 18 years of age and is a
			 natural child, adopted child, stepchild, a child under the guardianship of, or
			 a child who regularly resides or formerly resided in the same household as the
			 public safety professional;
(d) The
			 public safety professional has a conviction in any jurisdiction for a bias or
			 hate crime;
(e) The public safety
			 professional is a sex offender pursuant to ORS
			 163A.005(6);
			 or
(f) The public safety
			 professional has been discharged for cause from employment as a public safety
			 professional. For the purposes of this rule, "for cause" means intentional
			 conduct performed under the color of office to:
(A) Obtain false confessions;
(B) Make false arrests;
(C) Create or use falsified evidence,
			 including false testimony, or to destroy evidence to create a false
			 impression;
(D) Compel a person to
			 abstain from doing, or to do, any act that the person has a legal right to do
			 or abstain from doing;
(E) Deprive,
			 or attempt to deprive, another person or persons of their legal
			 rights;
(F) Gain advantage for a
			 public or private safety agency or for personal gain; or
(G) Discriminate against a person based on
			 the public safety professional's perception of that person's race, color,
			 religion, sex, sexual orientation, gender identity, national origin,
			 disability, age or any protected class as defined by state or federal
			 law.