Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 9 - FIRE SERVICE PROFESSIONALS › Section 259-009-0120 - Grounds for Denial or Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Board recognizes the core values of integrity and professionalism as
			 critical to upholding the public's trust in the certification of fire service
			 professionals, protecting the public, and ensuring that the conduct of a
			 certified fire service professional or an applicant does not reflect adversely
			 on the fire service as a public safety profession. The Board finds by adopting
			 this rule that a violation of these standards is substantially related to
			 certification as a fire service professional and a violation of the core values
			 of integrity and professionalism.
(2) The Department must deny or revoke a fire
			 service professional's certifications based upon a finding that:
(a) The fire service professional has been
			 convicted in this state of a crime listed in ORS
			 137.700 or in any other
			 jurisdiction of a crime that, if committed in this state, would constitute a
			 crime listed in 137.700;
(b) The
			 fire service professional has a conviction in any jurisdiction for any offense
			 involving a bias or hate crime;
(c)
			 The fire service professional is a sex offender pursuant to ORS
			 163A.005(6);
			 or
(d) The fire service
			 professional has been discharged for cause from employment as a fire service
			 professional. For the purposes of this rule, "for cause" means engaging in
			 intentional conduct while training, while on-duty or while performing the
			 duties of a fire service professional that constitutes any of the following:
(A) Interference in a Fire Investigation:
			 Includes the creation or use of falsified evidence, reports or records, and
			 includes false testimony;
(B) Theft
			 or Fraud: Includes theft of services or property, embezzlement, misuse of
			 resources, or falsification of contracts, reports or records;
(C) Intimidation: Includes wrongfully
			 compelling an individual to abstain from doing, or to do, any act that the
			 individual has a legal right to do or abstain from doing;
(D) Corruption: Includes the abuse of a fire
			 service professional's authority for personal gain, to gain advantage for a
			 public or private safety agency or to attempt or succeed in depriving another
			 person or persons of their legal rights;
(E) Neglect of Duty: Includes an intentional
			 or reckless failure to perform any mandatory duty as required by law, knowingly
			 performing an act which the fire service professional knows to be forbidden by
			 law to perform, or behavior that endangers the health and safety of the
			 employee or others;
(F) Cheating:
			 Includes actual, intended, or attempted deception or dishonest action by a fire
			 service professional in relation to the administration or documentation of any
			 training, testing or certification;
(G) Discrimination: Discrimination includes a
			 course of conduct or a single egregious act that evidences discrimination based
			 on the fire service professional's perception of a person's race, color,
			 national origin, sex, religion, age, disability or any other protected class as
			 defined by state or federal law;
(H) Harassment, including Sexual Harassment:
			 Includes unwanted, unwelcomed and uninvited behavior that demeans, threatens or
			 offends the victim and results in a hostile environment for the
			 victim;
(I) Abuse, including Sexual
			 Abuse: Includes physical or mental maltreatment that results in mental,
			 emotional, sexual or physical injury; or
(J) Use of illegal drugs.