Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 61 - INVESTIGATOR LICENSING STANDARDS AND REGULATIONS › Section 259-061-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Administrative
			 Termination" means the Department has stopped the processing of an application
			 due to non-response from applicant or noncompliance with the application
			 requirements or the requirements of these rules."
(2) "Board" means Board on Public Safety
			 Standards and Training.
(3)
			 "Complainant" means any person or group of persons who file(s) a complaint. The
			 Department may, on its own action, initiate a complaint.
(4) "Complaint" means a specific charge filed
			 with the Department that a licensed investigator or candidate thereto, or any
			 person apparently operating as an investigator without a license, has committed
			 an act in violation of ORS Chapter 703 or OAR chapter 259.
(5) "Committee" means the Private Security
			 and Investigator Policy Committee.
(6) "Department" means the Department of
			 Public Safety Standards and Training.
(7) "Disciplinary Procedure" means all action
			 up to the final resolution of a complaint after the issuance of a "Notice of
			 Intent."
(8) "Employee," as used in
			 ORS 703.401 to
			 703.490, means a person who is
			 employed lawfully by an employer. The employer controls the performance of that
			 person; pays the salary, unemployment insurance, and worker's compensation
			 insurance; and has sole authority to fire and control work hours and the
			 conditions of work. "Employee" in this context does not include a person
			 engaged as an independent contractor.
(9) "Expired license": A license is
			 considered expired on the date of expiration. A person may not practice as an
			 investigator with an expired license.
(10) "Hours of experience" means documented
			 clock hours.
(11) "Investigatory
			 work" means any work performed in accordance with ORS
			 703.401(2).
(12) "Licensee" or "Licensed Investigator",
			 as used in OAR 259-061-0005  through 259-061-0300  means a person licensed as an
			 investigator under ORS
			 703.430.
(13) "Private investigator" is a licensed
			 investigator who has completed a minimum of 1500 documented clock hours of
			 investigatory work experience or an approved course of study or a combination
			 of work and study as approved by the Department.
(14) "Provisional investigator" is a licensed
			 investigator who has completed fewer than 1500 documented clock hours of
			 investigatory work experience, or an approved course of study, or a combination
			 of work and study as approved by the Department; and who may not employ or
			 supervise other investigators. Under 1997 and 1999 editions of governing
			 statute, this type of investigator was referred to as a "Registered
			 Operative."
(15) "Respondent" means
			 an investigator who is a licensee or candidate for licensure, or any person
			 apparently operating as an investigator without a license, against whom a
			 complaint has been filed.
(16)
			 "Stipulated Agreement" means a written agreement entered into between the
			 Department and a respondent.
(17)
			 "Violation" means a violation of Oregon Revised Statutes or Oregon
			 Administrative Rules as they pertain to the licensing requirements of
			 investigators in the state of Oregon.
Statutory/Other Authority: ORS
				  703.401 & 703.480
Statutes/Other Implemented: ORS
				  703.401 &
				  703.480