reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0140 - Place of Business Requirement and Business Hours

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A listed tow business must have a storage
			 facility and place of business capable of independent operation within each
			 assigned zone. A Storage facility alone does not meet this
			 requirement.
(2) Multiple listed
			 tow businesses may operate on a single piece of real property, provided each
			 tow business maintains separate business records, storage facilities and
			 certificates.
(3) A listed tow
			 busines must be available for inspection by Oregon State Police between
			 8AM-5PM, excluding weekends and holidays.
(4) A listed tow business must post its
			 primary contact telephone number in a manner that is clearly visible and
			 prominent at each authorized place of business and storage facility. The posted
			 phone number must reach a phone that must be answered 24 hours a day, seven (7)
			 days a week to include holidays.
(5) A listed tow business must maintain
			 personnel who release towed vehicles in accordance with ORS
			 98.858.
(6) A listed tow business must post and
			 maintain its certification at its authorized place of business.
(7) A listed tow business's place of business
			 must have an office area accessible to the public where business can be
			 conducted out of the weather.
(8) A
			 listed tow business must be available for phone contact at all times. Each tow
			 driver for a listed tow business must have the ability to maintain constant
			 communication with the dispatch service where geographic conditions and signal
			 strength permit.
(9) A listed tow
			 business must respond to non-preference rotational tow requests from the Oregon
			 State Police or the Oregon Department of Transportation.
(a) The listed tow business must notify the
			 Oregon State Police Non-Preference Tow Program at OSPTOW@osp.oregon.gov or fax
			 to OSP Patrol Division at 503-391-5910 when the listed tow company is
			 unavailable for calls for any reason.
(b) The listed tow business shall advise the
			 Oregon State Police Tow Program at OSPTOW@osp.oregon.gov or fax to OSP Patrol
			 Division at 503-391-5910 once the listed tow business becomes
			 available.
(c) If a listed tow
			 business reports that it is unavailable, or if OSP determines the tow business
			 is unavailable, the tow business will be moved to the bottom of the rotational
			 list as if they had responded to the call.
(d) Failure to respond when requested for
			 towing services by the Oregon State Police when the company has not previously
			 notified the Oregon State Police that the company is not available may result
			 in the suspension or revocation of the listed tow business's
			 certification;
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0145 - Felony Convictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall deny a tow business' application for a letter of appointment
			 or revoke a qualified tow business' letter of appointment for any of the
			 following reasons:
(a) A qualified tow
			 business, tow business, manager of daily operations, or principal is convicted
			 of any Oregon felony offense, or any offense in another United States court
			 that is equivalent to an Oregon felony offense, within the preceding fifteen
			 (15) years from the date the application for a letter of appointment is
			 received by the Department. This subsection is subject to the provisions set
			 forth under ORS 166.270(4)(b).
(b) A qualified tow business, tow business,
			 manager of daily operations, or principal is convicted of two or more felony
			 offenses. This subsection applies regardless of the date of the
			 conviction.
(c) A manager of daily
			 operations or principal is convicted of any felony offense, or any offense in
			 another United States court that is the equivalent of an Oregon felony offense,
			 where a weapon was used or threatened to be used in the commission of the
			 crime. This subsection applies regardless of the date of the
			 conviction.
(d) A manager of daily
			 operations or principal is convicted of any sex crimes. This subsection applies
			 regardless of the date of the conviction.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0155 - Suspension and Revocation (for Violation of a Law Chargeable as a Violation or Crime)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following suspension or revocation periods apply when a tow business, qualified
			 tow business, or any principal or employee of a tow business or qualified tow
			 business, has been convicted of a violation of law charged as a Violation or
			 Crime:
(a) "First Suspension" - any first
			 violation shall be for a period of not less than 60 days.
(b) "Second Suspension" - any second
			 violation 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 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 257-050-0157 - Suspension or Revocation for Violation (other than a Law Chargeable as a Violation or Crime)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Suspensions
			 or revocations, unless otherwise outlined or defined in these rules, shall fall
			 under one of the following four levels:
(a)
			 Immediate suspension - A suspension that takes place immediately, upon written
			 notice from the Oregon State Police, as evidenced by the date of the postmark,
			 removing a tow vehicle, tow equipment, tow business, or a qualified tow
			 business from the non-preference rotational tow list.
(b) Level one suspension - any first
			 violation of these Administrative Rules unless otherwise defined in the rule
			 and shall be for a period of not less than sixty (60) days, and not more than
			 one (1) year in length.
(c) Level
			 two suspension - any second violation of these Administrative Rules that is
			 committed within a one (1) year period from the date of any final order and
			 shall be for a period of not less than one (1) year and not more than two (2)
			 years in length.
(d) Revocation -
			 any third violation of these Administrative Rules that is committed within a
			 three (3) year period of the date of any final order and shall result in a
			 revocation.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0170 - Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Administrative Procedures Act shall govern the proceedings of any hearing held
			 pursuant to these regulations All hearings shall be conducted by the Oregon
			 Office of Administrative Hearings. The Department has final order
			 authority.
(2) A request for an
			 administrative hearing must be mailed to the Oregon State Police Town Program,
			 3565 Trelstad Ave SE, Salem, OR 97317. The request must be received within
			 fifteen (15) days from the date of notice of denial, suspension and/or
			 revocation as evidenced by the postmark. The Department may also initiate or
			 request an administrative hearing, regarding a denial, suspension and/or
			 revocation as evidenced by the postmark.
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 257-050-0180 - Judicial Review

Current through Register Vol. 63, No. 7, July 1, 2024
A tow business or qualified tow business aggrieved by a final
				order of the Department denying, suspending, or revoking a letter of
				appointment may seek judicial review of such decision in the Oregon Court of
				Appeals. The denial, suspension or revocation shall remain in effect during the
				appeal.
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 257-050-0200 - Mandatory Equipment and Safety Standards for Tow Trucks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All equipment used by a listed tow
			 company must meet the equipment manufacturer's recommendations/load limit.
			 Equipment shall not exceed manufacturer's safety specifications.
(2) All equipment used in conjunction with
			 the tow truck winching system must be used in such a way as to not exceed the
			 equipment safe working load.
(3)
			 All winching equipment, booms, snatch blocks, rigging, must have permanently
			 affixed durable factory identification which states the safe working load. If
			 this identification has been removed or is no longer readable, it is deemed
			 out-of-service and may no longer be used. Equipment may be re-inspected by a
			 recognized recertification company. If the equipment is acceptable, it may be
			 identified with a safe working load limit and a recertification company
			 identifier. It will be deemed acceptable if the operator maintains a copy of
			 the certification of winching equipment.
(4) All tow vehicles operated by a listed tow
			 business must be equipped with the following minimum equipment: At least two
			 (2) upper work lights (near light bar) and 2 lower work lights (36" or lower),
			 mounted behind the cab of each tow vehicle which are controlled by a separate
			 dedicated on/off switch at each level. This lighting must be capable of
			 illuminating the work area;
(5) A
			 cellular phone, an FCC licensed two-way radio or a similar means of maintaining
			 constant contact, where conditions permit, with each tow truck operated by the
			 business. Citizen band radios do not meet this requirement.
(6) Rope as required for each class of tow
			 vehicle. Rope lengths shall be measured from the point of attachment on each
			 drum. Ropes shall meet the following requirements:
(a) Each rope shall be capable of being fully
			 extended from and fully wound onto its drum; this includes a properly
			 functioning free spool mechanism on each winch.
(b) No less than five wraps of wire rope or
			 eight wraps of synthetic rope must remain on the drum when the rope is fully
			 extended.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 55 - EMPLOYMENT STANDARDS AND PRACTICES › Section 257-055-0001 - Gaming Industry Employment Prohibition

Current through Register Vol. 63, No. 7, July 1, 2024
As required by ORS
				244.045(5)(a),
				the Superintendent of the Department of State Police has designated the
				following positions to be subject to the prohibitions outlined in the
				statute:
(1) Superintendent.
(2) Deputy Superintendent.
(3) Operations Services Bureau
			 Commander.
(4) Director of the
			 Gaming Enforcement Division.
(5)
			 Administrative Lieutenant of the Lottery Security Section.
(6) Administrative Lieutenant of the Tribal
			 Gaming Section.
Stat. Auth.: ORS
				  244.045(5)(a)
Stats. Implemented: ORS 750, OL 1997 (ORS
				  244.045)
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 60 - DNA PROFILING OF CONVICTED OFFENDERS › Section 257-060-0005 - Collection and Submission of Samples

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Blood Samples. Any blood sample drawn
			 under the authority of ORS
			 137.076,
			 161.325,
			 419C.473 or
			 181.085 shall be collected in
			 one 1 purple-stoppered vacutainers containing an EDTA preservative. The
			 submitted sample shall consist of at least one full vacutainer. Agencies
			 submitting blood samples shall:
(a) Label the
			 vacutainers with the contributor's name and SID number. If no SID number has
			 been assigned to the contributor, the submitting agency shall use the
			 contributor's date of birth.
(b)
			 Complete a submission form supplied by the Oregon State Police and enclose the
			 completed form with the samples submitted.
(c) Deliver the blood samples within seven
			 (7) days of the date of collection to the Oregon State Police Crime Lab DNA
			 Profiling Unit. Samples should be refrigerated prior to delivery to the Oregon
			 State Police Crime Lab.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 60 - DNA PROFILING OF CONVICTED OFFENDERS › Section 257-060-0010 - Inspection of DNA Profile Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person who believes that he or she is
			 the subject of a record within the criminal offender DNA database may make a
			 request to the Oregon State Police Crime Lab to verify the existence or
			 accuracy of such a record. All requests shall be in writing and on the form
			 "request to view genetic database information". This form may be obtained by
			 contacting the Oregon State Police. The form shall include all of the following
			 information:
(a) Name;
(b) Mailing address;
(c) Date of birth;
(d) SID number (unless a SID number has not
			 been assigned to the requestor);
(e) Signature; and
(f) Right thumbprint. The right thumbprint
			 submitted with any request must be obtained from and witnessed by a law
			 enforcement official authorized to take fingerprints.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 60 - DNA PROFILING OF CONVICTED OFFENDERS › Section 257-060-0015 - Challenges of DNA Profile Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any contributor of a record within the
			 criminal offenders DNA profile database may challenge the accuracy of the
			 record by filing a challenge in writing with the Oregon State Police Crime Lab.
			 The challenge shall identify the record by the name, date of birth, and SID
			 number of the contributor and shall contain the contributor's address and
			 signature and a thumbprint from each thumb.
(2) If the challenge pertains to the accuracy
			 of the profile, it must be accompanied by a profile of the contributor's
			 genetic material produced by an independent laboratory using the same genetic
			 markers as those used to create the challenged record. The Oregon State Police
			 will not be responsible for the cost of producing this independent
			 profile.
(3) Any discrepancy
			 between the database profile and the profile filed by the contributor will be
			 classified as either significant or insignificant. A discrepancy is significant
			 if it is more than twice the match criteria established by the Oregon State
			 Police Crime Laboratory. Any lesser discrepancy will be classified as
			 insignificant.
(4) If the
			 discrepancy is significant, the Oregon State Police Crime Lab staff shall
			 directly supervise the withdrawal of a new blood sample from the contributor
			 and shall create a new profile from that sample. This new profile shall be
			 entered into the database as the sole profile pertaining to the
			 contributor.
(5) If the discrepancy
			 is insignificant, the existing database record shall not be removed or altered,
			 but shall remain the sole database profile pertaining to the contributor. The
			 Oregon State Police Crime Lab shall retain in a separate file all materials
			 submitted by the contributor to challenge the record.
Stat. Auth.: ORS
				  181.085(1)(e)
Stats. Implemented: ORS
				  137.076
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 70 - SEX OFFENDER REGISTRATION › Section 257-070-0005 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to implement and interpret ORS
				181.585 to
				181.608. The Oregon State Police
				is authorized to adopt rules interpreting and implementing the described
				statutes. These rules establish standards and procedures for victim and public
				access to sex offender information and for designation of unsupervised adult
				and juvenile offenders as predatory sex offenders.
Stat. Auth.: ORS
				  183.335, 181 &
				  192.430
Stats. Implemented: ORS
				  181.585 -
				  181.608
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 70 - SEX OFFENDER REGISTRATION › Section 257-070-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  183.335, 181 &
				  192.430
Stats. Implemented: ORS
				  181.585 -
				  181.608
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 70 - SEX OFFENDER REGISTRATION › Section 257-070-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
SEX OFFENDER REGISTRATION
(1) "Another United States court" means a
			 federal court; military court; tribal court of a federally recognized Indian
			 tribe; court in a state other than Oregon; or a court of the District of
			 Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
			 Commonwealth of the Northern Mariana Islands, or the United States Virgin
			 Islands.
(2) "Electronic signature"
			 means an electronic sound, symbol or process attached to or logically
			 associated with a record and executed or adopted by a person with the intent to
			 sign the record.
(3) "Registering
			 agency" and "registering agencies" means a local police department, county
			 sheriff's office, or a regional Oregon State Police office.
(4) "Sex offender" means a person convicted,
			 adjudicated or found guilty of a crime:
(a)
			 That would constitute a sex crime if convicted in this state; or
(b) Which the person would have to register
			 as a sex offender in another United States court's jurisdiction, or as required
			 under federal law; regardless of whether the crime would constitute a sex crime
			 in this state.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 70 - SEX OFFENDER REGISTRATION › Section 257-070-0025 - Victim Access to Registered Sex Offender Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A victim shall be issued a victim
			 identification number and shall be given the registry identification number of
			 the registered sex offender who committed the crime against the victim:
(a) At any time, upon request by the victim;
			 and
(b) Upon verification of the
			 identification of the victim.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 70 - SEX OFFENDER REGISTRATION › Section 257-070-0040 - Designation of Persons as Predatory Sex Offenders; Notice and Opportunity to Be Heard Regarding Designation as Predatory Sex Offender

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under ORS
			 181.585 to
			 181.589, the Department of State
			 Police is authorized to designate as predatory sex offenders:
(a) Persons who exhibit characteristics
			 showing a tendency to victimize or injure others and who have been convicted of
			 a sex crime listed in ORS
			 181.594(2)(a) to
			 (d), convicted of attempting to commit one of
			 those crimes, or found guilty except for insanity of one of those crimes, and
			 who are not under the supervision of the Oregon Department of Corrections or a
			 community corrections agency; and
(b) Persons who are required to report under
			 ORS 181.595,
			 181.596, or
			 181.597 after having been found
			 to be within the jurisdiction of the juvenile court for having committed acts
			 that if committed by an adult would constitute sex crimes and who the
			 Department of State Police has designated as predatory after consultation with
			 the person's last primary supervising agency, and who are not under the
			 supervision of the juvenile court.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 70 - SEX OFFENDER REGISTRATION › Section 257-070-0100 - Registration Process for Registering Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department will provide a secure
			 internet website to enable registering agencies to register sex offenders.
			 Except as authorized under subsection (5) of this administrative rule,
			 registering agencies shall use the Department's secure internet website to
			 complete and forward to the Department an electronic sex offender registration
			 form for each registerable sex offender. For purposes of this administrative
			 rule, an electronic sex offender registration form is forwarded to the
			 Department when the registering agency:
(a)
			 Fully completes the sex offender registration form using the Department's
			 secure internet website; and
(b)
			 Submits the sex offender registration form to the Department by pressing the
			 designated submission button.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 70 - SEX OFFENDER REGISTRATION › Section 257-070-0110 - Registration Requirements for Registerable Sex Offenders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Registerable sex offenders shall only
			 register with a registering agency in their county of residence.
(2) Registerable sex offenders shall submit
			 to registration as directed by the registering agency and as required by law.
(3) When registering with a
			 registering agency, each registerable sex offender shall:
(a) Provide all information necessary to
			 complete the sex offender registration form;
(b) Sign the form by electronic signature or
			 as directed by the registering agency; and
(c) Submit to being photographed and, if
			 required, fingerprinted.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 70 - SEX OFFENDER REGISTRATION › Section 257-070-0120 - Recordkeeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Once a sex
			 offender registration form is received by the Department, the Department will:
(a) Update the Department's sex offender
			 registry records; and
(b) Retain
			 an electronic copy of the sex offender registration form.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 70 - SEX OFFENDER REGISTRATION › Section 257-070-0130 - Internet Notification of Predatory Sex Offenders

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall utilize the sex offender web site to make
				information available to the public regarding all predatory sex offenders
				unless or until:
(1) The designating
			 agency notifies the Department that the predatory designation for the sex
			 offender is incorrect;
(2) The
			 predatory sex offender is assessed and classified by the Board of Parole and
			 Post-Prison Supervision as either a level one or level two sex offender; or
(3) December 1, 2018.
Stat. Auth.: OL 2013, Ch. 708 §7 (HB 2549), OL 2015, ch. 820
				  §27 (HB 2320)
Stats. Implemented: OL 2013, Ch. 708 §7 (HB 2549), OL 2015,
				  Ch. 820 §27 (HB 2320)
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 80 - TRIAL BOARD PROCEDURES › Section 257-080-0000 - Purpose of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
These rules outline the process afforded sworn, unrepresented
				members of the Department during consideration of their removal from State
				service, with the following objectives:
(1) To permit the member to address the
			 review board prior to a final decision on removal.
(2) To establish procedures for the member
			 and the review board to follow.
(3)
			 To recognize that sworn, unrepresented members of the department hold their
			 respective positions in an "at-will" status.
(4) To provide the procedure for the decision
			 of the Board to be communicated to the member and to the individual who made
			 the initial recommendation on removal.
(5) To establish the internal mechanism for
			 the member to make a request that the Review Board decision be considered and
			 examined by the Office of the Superintendent.
Stat. Auth.: ORS
				  181.280 &
				  181.310
Stats. Implemented: ORS
				  181.290 -
				  181.340
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 80 - TRIAL BOARD PROCEDURES › Section 257-080-0005 - Statutory Authority for Rules

Current through Register Vol. 63, No. 7, July 1, 2024
These rules are adopted under the authority provided by ORS
				181.280
Stat. Auth.: ORS
				  181.280 &
				  181.310
Stats. Implemented: ORS
				  181.290 -
				  181.340
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 80 - TRIAL BOARD PROCEDURES › Section 257-080-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department -
			 refers to the Oregon Department of State Police.
(2) Member - refers to the sworn,
			 unrepresented member with sustained allegations who is afforded an informal
			 meeting under these rules.
(3)
			 Review Board members - Department members appointed by the Superintendent or
			 designee.
(4) Recommending staff -
			 the Department staff making the initial recommendation for removal of the
			 member.
(5) Personnel Report - the
			 record of information that was gathered during a personnel investigation and
			 fact-finding process which is used to decide whether there are grounds to
			 consider the removal of the member from the Department.
Stat. Auth.: ORS
				  181.280 &
				  181.310
Stats. Implemented: ORS
				  181.290 -
				  181.340
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 80 - TRIAL BOARD PROCEDURES › Section 257-080-0015 - Grounds for Removal

Current through Register Vol. 63, No. 7, July 1, 2024
Because members subject to these rules hold their position as
				"at-will" employees, the member's employment is not subject to any cause
				standard and the Department legally retains discretion in making a decision on
				removal.
Stat. Auth.: ORS
				  181.280 &
				  181.310
Stats. Implemented: ORS
				  181.290 -
				  181.340
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 80 - TRIAL BOARD PROCEDURES › Section 257-080-0020 - Investigation and Fact Finding Processes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The investigation process will be the
			 fact-gathering process the Department follows in conducting personnel
			 investigations as found in the most current form of the Department Manual
			 titled "Personnel Complaint Procedures and Guidelines for investigations and
			 Corrective Action."
(2) The
			 fact-finding process will follow those provisions in the most current form of
			 the same Department Manual under the "Making Findings of Fact"
			 section.
(3) If the results of this
			 process result in "sustained" Findings of Fact the process under these rules
			 will continue.
Stat. Auth.: ORS
				  181.280 &
				  181.310
Stats. Implemented: ORS
				  181.290 -
				  181.340
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 80 - TRIAL BOARD PROCEDURES › Section 257-080-0025 - Procedure to notify member of Findings, Recommendation, and Request to convene a Review Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The sustained
			 Findings of Fact and Recommendation will be prepared and signed by the
			 recommending staff, or the Office of Professional Standards, and shall include:
(a) The name and duty station of the
			 member.
(b) A listing of sustained
			 allegation(s) with a finding for each.
(c) A statement that removal of the member is
			 being recommended along with a request to convene a Review Board.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 80 - TRIAL BOARD PROCEDURES › Section 257-080-0030 - Initiating a Review Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 notice from the Office of Professional Standards that the completed document
			 with the sustained allegations, recommendation and request has been filed and
			 logged, the Superintendent or designee, shall appoint a three person Board of
			 Review.
(2) The Board shall consist
			 of three members who are of superior rank to the involved member, if that is
			 possible, and the three members shall be of equal rank, also to the extent that
			 is possible.
(3) The Board shall
			 convene, select a Presiding Officer, and determine the time and place of the
			 meeting to be scheduled with no less than ten days notice to the
			 member.
(4) The member shall be
			 notified, in writing, of the following:
(a)
			 The individuals composing the Review Board and the member's right to demand, in
			 writing and one time only, that any or all of the persons appointed to the
			 board be replaced without stating reason or cause. On receipt of such a demand,
			 the Superintendent or designee shall appoint new representatives to replace
			 those removed;
(b) The location,
			 date and time of the member to meet with the Board;
(c) The member's right to be accompanied by
			 legal counsel, at their own expense, or another employee of their choosing to
			 assist them in presenting information or suggesting further inquiry before a
			 decision is made by the Board ;
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 80 - TRIAL BOARD PROCEDURES › Section 257-080-0035 - Review Board - Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An audio recording of the meeting will be made, which shall constitute the only
			 record.
(2) The Board may have
			 legal counsel from the Oregon Department of Justice to advise them on any
			 matters and attend the meeting and deliberative process as it deems
			 necessary.
(3) Failure to comply
			 with one or more of the terms of these rules concerning the Review Board
			 process shall not invalidate any sustained allegations or negate any proceeding
			 before the board.
(4) All attendees
			 shall conduct themselves in a respectful manner. Failure to comply with the
			 Board's effort to retain order will result in expulsion from the
			 meeting.
Stat. Auth.: ORS
				  181.280 &
				  181.310
Stats. Implemented: ORS
				  181.290 -
				  181.340
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 80 - TRIAL BOARD PROCEDURES › Section 257-080-0040 - Review Board Pre-meeting Matters

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall forward to the
			 member, within a reasonable time after the hearing is set, all investigative
			 reports and other documents prepared according to the requirements of the
			 department's personnel review manual.
(2) The member's official personnel file
			 shall be available for inspection by the parties or their respective
			 representatives upon advance request to the Office of Professional Standards
			 Section at General Headquarters.
Stat. Auth.: ORS
				  181.280 &
				  181.310
Stats. Implemented: ORS
				  181.290 -
				  181.340
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 80 - TRIAL BOARD PROCEDURES › Section 257-080-0045 - Board Meeting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board
			 designated Presiding Officer shall open the meeting on the record, by
			 introducing the parties and identifying the purpose of the meeting.
(2) The record made available to the Board
			 shall be identified by the Presiding officer.
(3) The member, or designee, may make opening
			 remarks.
(4) The member may offer
			 physical evidence and written statements.
(5) Review Board members may ask questions of
			 the member.
(6) The member or
			 designee may make concluding remarks.
(7) The meeting will be private unless the
			 member makes written request that it be public.
Stat. Auth.: ORS
				  181.280 &
				  181.310
Stats. Implemented: ORS
				  181.290 -
				  181.340
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 80 - TRIAL BOARD PROCEDURES › Section 257-080-0050 - The Board's Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Board shall adjourn the meeting and meet in private to reach a decision
			 regarding corrective action, which decision shall then be reduced to written
			 form.
(2) The Board decision shall
			 state specifically whether removal or other corrective action is appropriate
			 with a brief explanation of its rationale.
(3) In assessing an appropriate action the
			 board may consider:
(a) The rank and
			 corresponding duties and expectations for the position held by the
			 member;
(b) The number and relative
			 severity of sustained allegations; and
(c) Any information presented by the member
			 at the meeting regarding the sustained allegations.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 80 - TRIAL BOARD PROCEDURES › Section 257-080-0055 - Office of Superintendent's consideration of Review Board Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following
			 receipt of the Board's decision the member may request the Office of the
			 Superintendent to consider the Board's decision by an examination of all
			 materials, including the tape of the Review Board meeting.
(2) The request must be in writing and
			 received by the Office of Professional Standards not later than fifteen (15)
			 days after the date of the Board's decision.
(3) The request may include a meeting by the
			 member with the Superintendent or a designee in addition to the examination of
			 the associated documentation.
(4)
			 If no request is made, the Superintendent will send a notice to the member with
			 a Final decision.
(6) The
			 Superintendent retains the ultimate legal authority on whether to remove the
			 member.
(7) The Superintendent
			 shall inform the member in writing of the final decision, with a brief
			 explanation that the Superintendent has exercised the legal discretion afforded
			 the Department in arriving at a decision.
(8) There is no right of appeal of the
			 decision on removal.
Stat. Auth.: ORS
				  181.280 &
				  181.310
Stats. Implemented: ORS
				  181.290 -
				  181.340
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 90 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 257-090-0010 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in ORS 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5)
Mediations
			 Excluded
. Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters;
(c) Mediation in which the only parties are
			 public bodies;
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential;
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation; or
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 95 - SCHOOL SAFETY TIP LINE PROGRAM › Section 257-095-0000 - Purpose of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Rules adopted herein prescribe the policies and procedures for
				operation and use of the statewide School Safety Tip Line Program (SSTL). The
				SSTL is established to facilitate the safety and health of
				students.
Stat. Auth.: ORS
				  165.570(2)
Stats. Implemented: ORS
				  165.570
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 95 - SCHOOL SAFETY TIP LINE PROGRAM › Section 257-095-0010 - Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) SSTL was
			 established by act of the 2016 Oregon Legislature, Oregon Laws 2016, Chapter
			 74, authorizing the Department of State Police to establish and operate a
			 statewide tip line for students and other members of the public to use to
			 confidentially report information concerning threats to student safety or
			 potential threats to student safety.
(2) Section 1(3) of Oregon Laws 2016, Chapter
			 74 requires the Department of State Police to adopt rules necessary to
			 establish and operate the tip line.
(3) The SSTL is a program organized within
			 the Public Safety Services Bureau of the Department of State Police for the
			 purpose of facilitating the safety and health of students.
Stat. Auth.: OL 2016, ch 74, sect. 1(3)
Stats. Implemented: OL 2016, ch
				  74
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 95 - SCHOOL SAFETY TIP LINE PROGRAM › Section 257-095-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Anonymous" means not identified by name.
(2) "Confidential Information"
			 means any personally identifiable information acquired by the SSTL, its staff,
			 schools, school districts, Education Service Districts, service providers and
			 local law enforcement, or information that is confidential under other state or
			 federal law.
(3) "Cyberbullying"
			 and "harassment, intimidation or bullying" have the meanings given those terms
			 in ORS 339.351.
(4) "Local law enforcement contact" means a
			 local law enforcement officer designated by the Department of State Police to
			 be notified when the tip line receives a report of a threat to student safety
			 or potential threat to student safety.
(5) "Personally Identifiable Information"
			 means any information that would permit the identification of the person as a
			 person reporting information to the SSTL. It includes, but is not limited to,
			 name, phone number, physical address, email address, and information that
			 identifies the machine or device from which the person made the report.
(6) "Service provider" means a
			 person designated by the department to be notified when the tip line receives a
			 report of a threat to student safety or potential threat to student safety.
			 "Service provider" includes:
(a) A provider
			 of behavioral health care or mental health care;
(b) A provider of school-based health care;
(c) A certificated school
			 counselor;
(d) A clinical social
			 worker licensed under ORS
			 675.530; or
(e) A professional counselor or a marriage
			 and family therapist licensed under ORS 675.615.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 95 - SCHOOL SAFETY TIP LINE PROGRAM › Section 257-095-0040 - Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department of
			 State Police is responsible for:
(a)
			 Establishing a statewide tip line for students and other members of the public
			 to confidentially report information concerning threats or potential threats to
			 student safety;
(b) The ownership
			 and management of data entered into the SSTL;
(c) Following all records retention laws and
			 other applicable laws and rules;
(d) Analyzing and interpreting data entered
			 into the SSTL to help schools improve their response to safety issues;
(e) Maintaining strict
			 confidentiality of confidential information received through tips, documents
			 and communications submitted to the SSTL;
(f) Coordinating outreach and programmatic
			 support to schools, school districts, Education Service Districts, law
			 enforcement agencies and service providers involved in or entering the program;
(g) Establishing a process for
			 documenting the closure of tips and ensuring that the process is being used.
(h) Generating analysis, reports
			 and studies. Analysis, reports and studies shall contain only aggregated
			 information and shall not contain any information that personally identifies
			 reporters or any students. Reports may contain aggregated information
			 concerning how referrals were handled by local law enforcement and service
			 providers and the outcomes of the referrals.
(i) Ensuring training materials explain that
			 reporters may make an anonymous report or, if they identify themselves, how
			 their identity is protected and how it may be shared as set out in OAR
			 291-095-0080(2).
(j) Where
			 possible, incorporate information on behavioral health treatment services
			 standards under OAR chapter 309, division 019 in training and presentation
			 information.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 95 - SCHOOL SAFETY TIP LINE PROGRAM › Section 257-095-0050 - Incidents Reportable through the School Safety Tip Line Program

Current through Register Vol. 63, No. 7, July 1, 2024
Threats to student safety or potential threats to student
				safety that are reportable to the SSTL include, but are not limited to
				harassment, intimidation or bullying, cyberbullying, suicide or self-harm and
				violence against others.
Stat. Auth.: OL 2016, ch 74, section 1(3)
Stats. Implemented: OL 2016, ch
				  74
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 95 - SCHOOL SAFETY TIP LINE PROGRAM › Section 257-095-0060 - Receipt of Tips of Reportable Incidents

Current through Register Vol. 63, No. 7, July 1, 2024
Tips received via the SSTL are classified and processed for
				appropriate school, school district or Education Service District, local law
				enforcement or service provider response.
(1) When the SSTL receives an incoming
			 communication, the Tip Line Technician shall:
(a) Ask the caller's identity (for tips
			 provided via phone and text) or confirm the identity of the person making the
			 tip (for tips provided via website or application on a mobile device). If the
			 person making the tip does not wish to disclose their identity, the Tip Line
			 Technician shall also accept an anonymous tip;
(b) The Tip Line Technician shall immediately
			 assess the situation and ensure that students (and others) are safe from harm.
			 The Tip Line Technician may not delay in contacting responders and/or school
			 officials if there is an immediate threat to safety;
(c) Tip Line Technicians will attempt to
			 capture and confirm the following data by asking questions identified on
			 templates. Components of this factual accounting process may include but are
			 not limited to:
(i) Who is/was involved in
			 the incident? The name of any person reported to be involved in the incident
			 must be documented. The reporter may choose to be anonymous;
(ii) The school where the individual making
			 the tip (if applicable) and student(s) involved are enrolled and the age of the
			 students involved;
(iii) Specific
			 details about the location of incident (i.e. building name/number, floor, room
			 number, etc.);
(iv) Whether the
			 individual reporting an incident is reporting about him/herself or another
			 party;
(v) If more than one person
			 is involved in the incident, the relationship, if any, of those other
			 individuals to the school or school system;
(vi) What happened, (who did/said what to
			 whom, etc.);
(vii) When the
			 incident occurred (time and date, prior events if any);
(viii) Whether a school staff member was
			 notified, and how the school responded;
(ix) Whether treatment by a service provider
			 was sought;
(x) Name of additional
			 institutions/agencies involved.
(d) Tip Line Technicians will use their
			 training and expertise to categorize by type of incident and prioritize a
			 reported or potential threat to school safety by defined level of urgency for
			 response.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 95 - SCHOOL SAFETY TIP LINE PROGRAM › Section 257-095-0070 - Tip Examination, Classification and Referrals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Once a tip is received by the SSTL, Tip
			 Line Technicians shall classify the reported tip based on a pre-identified set
			 of values to designate the level of threats to student safety and level of
			 response needed;
(2) Tips received
			 by Tip Line Technicians shall be referred to the appropriate school, school
			 district or Education Service District, service provider or law enforcement;
(a) Suspicious activity or non-criminal,
			 school-safety concerns (i.e. general tips about bullying, suspicious
			 behavior/actions discovered on social media, fights between students, reports
			 of individuals on school grounds who may not have an appropriate reason for
			 being there) will be routed to schools, school districts, Education Service
			 Districts, school administrators, service providers and also to local law
			 enforcement if the severity of the incident warrants a law enforcement
			 response;
(b) Tips concerning
			 potential criminal activity shall be forwarded to the appropriate law
			 enforcement agency for that jurisdiction in addition to the notifications in
			 subsection (2)(a);
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 95 - SCHOOL SAFETY TIP LINE PROGRAM › Section 257-095-0080 - Information Confidentiality and Disclosure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any entity or person authorized to
			 receive information and data from the SSTL is responsible for maintaining the
			 confidentiality of confidential information and must use and disclose any
			 information or data it receives only as provided in these rules or required by
			 law;
(2) The SSTL may not disclose
			 the identity of any person who submits a tip except as provided in these rules
			 or required by law. If a person making a report chooses to identify themselves,
			 they do so with the expectation that their identity will be disclosed only to
			 persons authorized to receive tip information under these rules and only for
			 the purpose of following up on tips.
(3) The SSTL may release aggregated or
			 summary tip information for reporting purposes but shall not release any
			 confidential information. In order to protect the reporting process, limited
			 updates may be provided as long as they do not violate any laws or policies;
(4) Photo, videos and other media
			 images received of a sexual nature shall only be forwarded to law enforcement.
			 Information regarding the tip can be sent to the school, but not the sexual
			 images attached to the tip;
(5)
			 Information acquired by the SSTL will not be disclosed except as provided in
			 these rules or as required by law.
Stat. Auth.: OL 2016, ch 74, section 1(3)
Stats. Implemented: OL 2016, ch
				  74