reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 95 - SCHOOL SAFETY TIP LINE PROGRAM › Section 257-095-0090 - Anonymity

Current through Register Vol. 63, No. 7, July 1, 2024
Persons submitting a tip via the SSTL may choose to identify
				themselves or to remain anonymous. The identity of persons making reports who
				choose to identify themselves shall be protected and disclosed only as set out
				in OAR 257-095-0080(2).
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 257-095-0100 - Reporting and Data Analysis

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Information gathered in operation of the SSTL may be utilized for the purpose
			 of generating reports to track outcomes of actions taken in response to a tip,
			 or used to analyze and adapt the operation of the SSTL Reports and analysis
			 shall contain only aggregated information and shall not contain information
			 that personally identifies reporters or any students;
(2) Full SSTL data access is limited to the
			 Department of State Police;
(a) Schools,
			 school districts and Education Service Districts shall only have access to
			 their own school(s) or jurisdiction data for following up on tips, analysis,
			 reporting and managing school policies;
(b) Schools are responsible for the
			 appropriate dissemination of information to law enforcement, service providers,
			 and other authorities in accordance with these rules and any other applicable
			 laws and rules;
(c) The Department
			 of State Police shall create annual and other reports as necessary. Reports
			 shall contain only aggregated information and shall not contain any information
			 that personally identifies reporters, any students, or specific schools.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 100 - IGNITION INTERLOCK DEVICE PROGRAM › Section 257-100-0015 - Product Liability for Ignition Interlock Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each device manufacturer or
			 manufacturer's representative must have product liability insurance with
			 minimum liability limits of $1,000,000 per occurrence and $3,000,000 in the
			 aggregate throughout the certification period. A manufacturer or manufacturer's
			 representative may not cancel, materially change, or fail to renew the coverage
			 of the insurance company.
(2)
			 Failure to correct any discrepancies with product liability insurance within 60
			 calendar days from written notification from OSP, shall result in OSP removing
			 the device from the Oregon list of qualified devices.
Statutory/Other Authority: ORS
				  813.600  & ORS
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 100 - IGNITION INTERLOCK DEVICE PROGRAM › Section 257-100-0030 - Mobile Service Center Certification and Inspection Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 manufacturer's representative may operate a mobile service center for the
			 purposes of providing services for ignition interlock devices at locations
			 other than a fixed site. A mobile service center is authorized to conduct
			 limited ignition interlock device services to include inspecting, downloading,
			 data transferring, calibrating, and removing the device. A mobile service
			 center is not authorized to install ignition interlock devices.
(2) A mobile service center may be certified
			 when, based on written documentation provided by the manufacturer or
			 manufacturer's representative, OSP determines that the following requirements
			 have been met:
(a) The manufacturer
			 representative maintains an established network of certified fixed service
			 centers that meet the requirements provided in OAR 257-100-0025  and
			 257-100-0035.
(b) The
			 manufacturer's representative has submitted the following information to OSP:
(A) A completed Ignition Interlock Device
			 Mobile Service Center Certification Application form 257-0002a;
(B) A copy of liability insurance for the
			 vehicle to be used as a mobile service center; and
(C) An itemized list of all fees that the
			 mobile service center and manufacturer's representative may charge an
			 individual for all services related to a device.
(c) The mobile service center shall provide
			 individual customers a sheltered and waiting area, with sufficient seating,
			 inside or around the mobile service center vehicle.
(d) Device removal services provided by the
			 mobile service center shall be conducted in a manner in which an individual
			 customer or other persons cannot view the removal process.
(e) The manufacturer's representative or
			 mobile service center shall provide individual customers with copies of all
			 fees, contracts, and complaint information prior to performing any
			 service.
(f) The mobile service
			 center shall be associated with a single certified fixed site service center.
			 The mobile service center shall not operate if the associated fixed site
			 service center certification is denied, suspended, or revoked.
(g) OSP has conducted an inspection of the
			 mobile service center vehicle using the Ignition Interlock Device Service
			 Center Inspection Report Form 257-0005 and the mobile service center vehicle
			 has passed inspection.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 100 - IGNITION INTERLOCK DEVICE PROGRAM › Section 257-100-0035 - Statewide Service Center Area Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A manufacturer's representative must
			 maintain a network of certified service centers which must include a minimum of
			 one fixed site service center located in each lettered region, illustrated on
			 the "Oregon IID Regional Map."
(2)
			 A manufacturer's representative must notify OSP within 3 business days if a
			 service center ceases operations. If a service center closure results in
			 failure to meet the regional requirements of the service network, the
			 manufacturer's representative has 120 calendar days to establish a new service
			 center to meet the Service Center Area Requirement. If the manufacturer's
			 representative has not established a new service center in the closed service
			 center region within 120 calendar days of the service center's closure, the
			 manufacturer's representative must have all device models uninstalled in
			 accordance with OAR 257-100-0020  and OAR 257-100-0065.
(3) OSP may revoke certifications for all
			 certified service centers within the manufacturer's representative's network if
			 a manufacturer's representative fails to meet the service center area
			 requirements.
(4) All service
			 centers must be located in the State of Oregon.
Publications: Publications referenced are available from
				  OSP.
Statutory/Other Authority: ORS
				  813.600  & ORS
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 100 - IGNITION INTERLOCK DEVICE PROGRAM › Section 257-100-0040 - Ignition Interlock Device Oversight Program Complaint Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OSP shall
			 provide a complaint form and process, which allows a person to submit
			 complaints, pursuant to ORS
			 813.670,
			 regarding ignition interlock device manufacturer, manufacturer's
			 representative, and service centers. OSP shall establish a process in which the
			 person submits the complaint telephonically, electronically or by mail. The
			 complaint form shall be available on OSP's website.
(2) OSP shall consider all complaints and
			 investigate when determined appropriate.
(3) During a complaint investigation, the
			 manufacturer's representative must make available to OSP upon request with
			 written notice of reason, at no cost to OSP, any documents, reports, or audio
			 recordings, if available, regarding the individual customer's account. Such
			 records must be in a format acceptable to OSP and provided within seven
			 calendar days from request.
Statutory/Other Authority: ORS
				  813.600,
				  ORS
				  813.660  & ORS
				  813.670
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 100 - IGNITION INTERLOCK DEVICE PROGRAM › Section 257-100-0045 - Ignition Interlock Device Technician Qualification Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A device may be
			 serviced only by a person who is qualified as an ignition interlock device
			 technician. To become a qualified ignition interlock device technician, the
			 person must:
(a) Be 18 years of age or
			 older;
(b) Not have a current
			 ignition interlock device requirement or restriction pursuant to ORS
			 813.602;
(c) Complete a device training program
			 provided by the manufacturer's representative. Proof of device technician
			 training must include the locations, dates, and hours of training
			 completed;
(d) Complete the
			 Knowledge and Skills Examination provided by OSP. A person must score eighty
			 percent or higher on the Knowledge and Skills Examination to pass;
(e) Sign the Ignition Interlock Device
			 Technician Declaration (OSP Form 257-0006);
(f) Pass a criminal background check as
			 described in ORS
			 813.665,
			 section (4) of this rule, and as defined by OSP policy.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 100 - IGNITION INTERLOCK DEVICE PROGRAM › Section 257-100-0050 - Performance Standards for Ignition Interlock Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every device installed in a vehicle must
			 be equipped with a camera. The camera must be mounted to the vehicle in such a
			 way to maximize an image of the front driver and passenger seats. The camera
			 must be installed and secured in a manner to limit any movement. The device
			 camera must capture a photo in each of the following circumstances: when a
			 breath sample is requested; when a breath sample is submitted; when a test
			 violation or device circumvention is recorded. The device must be capable of
			 storing all required data, including: the image, the date, the time, and BrAC
			 of the accepted breath sample each time the individual attempts to use the
			 device.
(2) The device camera must
			 be able to capture a clear, unobstructed photograph in all lighting
			 conditions.
(3) All images and data
			 collected between calibration periods must be stored in the device's data
			 storage system and be downloaded by the device manufacturer's representative,
			 or their designee, at the time of calibration in order to ensure proper record
			 maintenance.
(4) Every device
			 currently installed in a vehicle must be equipped with the ability to record a
			 circumvention or test violation as described in ORS
			 813.599.
(5) When the device receives a successful
			 breath sample, the measurement shall be displayed to three decimal places and
			 reported as the recorded BrAC of the accepted breath sample.
(6) After successfully passing a breath
			 sample, the device must allow for a restart within two minutes without
			 requiring an additional test.
(7)
			 The device must not accept a breath sample if the device is in
			 lockout.
(8) A device must require
			 1200 milliliters (mL) or 1.2 liters (L) of breath for an acceptable breath
			 sample. For individuals who are unable to provide the minimum breath sample,
			 the individual may apply for the IID medical exemption with the court or DMV in
			 accordance with OAR 735-070-0082.
(9) After a successful initial or follow-up
			 test, the device must require a random retest of the individual while a
			 vehicle's engine is in operation as follows:
(a) A retest is required at random intervals
			 ranging from five to ten minutes after starting the vehicle. Subsequent retests
			 are required at random intervals ranging from 15 to 45 minutes from the
			 previously required retest for the duration of vehicle operation;
(b) The device retest must allow 10 minutes
			 for the retest to be completed; and
(c) A device must provide a distinct audible
			 tone of at least 80 decibels (dB) and visual indicators to alert the driver
			 that a retest is in progress. The tone must repeat at least every 30 seconds
			 until a sample is provided or a test violation occurs.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 100 - IGNITION INTERLOCK DEVICE PROGRAM › Section 257-100-0055 - Device Routine Maintenance and Calibration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to calibration, the device, the
			 handset, the camera and associated equipment must be inspected at the vehicle
			 for evidence of tampering or camera obstruction. Calibration must ensure that
			 the device remains capable of accurately analyzing a breath sample. During
			 calibration all the data collected on the device either from installation or
			 last calibration of the device must be uploaded to the manufacturer or
			 manufacturer's representative's server or network.
(2) When calibrating a device, an ignition
			 interlock device technician must:
(a) Attempt
			 to start the vehicle ignition without first providing a breath sample to
			 determine if the device had been circumvented by the individual
			 customer;
(b) Visually inspect the
			 vehicle and device to determine if the device appears to have tampered
			 with;
(c) Inspect the camera to
			 determine if it is pointed in the correct direction and if it has been tampered
			 with; and
(d) Perform a device
			 calibration and data upload according to the manufacturer representative's
			 procedures.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 100 - IGNITION INTERLOCK DEVICE PROGRAM › Section 257-100-0060 - Reporting Requirements of Manufacturers, Manufacturer's Representatives, and Service Centers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Manufacturer's representatives or service centers must ask if the individual
			 customer if they are currently subject to a qualifying court approved Driving
			 Under the Influence of Intoxicants Diversion Agreement or if the individual
			 customer was convicted of Driving Under the Influence of Intoxicants. The
			 individual customer must update the service center or manufacturer's
			 representative if the individual's diversion or conviction status was
			 incorrectly stated or has changed. Manufacturer's representatives must report
			 any negative report, tampering, device lockout, install, removal, or test
			 violations downloaded by the manufacturer's representative under ORS Chapter
			 813.630
			 and
			 813.635.
(a) Manufacturer or manufacturer's
			 representative must conduct a thorough review of all reports generated under
			 ORS 813.630, 813.635, and
			 813.645 prior to issuance.
(b)
			 Manufacturer or manufacturer's representative must notify OSP within three
			 business days if an individual customer's device settings change from the
			 Oregon performance standards and settings outlined in OAR Chapter 257, Division
			 100.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 100 - IGNITION INTERLOCK DEVICE PROGRAM › Section 257-100-0065 - Removal of Ignition Interlock Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A qualified ignition interlock device
			 technician must remove the device when requested by the individual.
(2) When removing a device, an ignition
			 interlock device technician must:
(a) Attempt
			 to start the vehicle ignition without first providing a breath sample to
			 determine if the device had been circumvented by the individual
			 customer;
(b) Visually inspect the
			 vehicle, device, and camera to determine if the device appears to have been
			 tampered with; and
(c) Download
			 and upload the final data report from the device at the time of
			 removal;
(d) Ensure removal of the
			 device does not damage the vehicle and that the vehicle's ignition functions
			 properly without the device being installed;
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 100 - IGNITION INTERLOCK DEVICE PROGRAM › Section 257-100-0070 - Service Center and Device Application, Renewal Fee, and Fee Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All Fees under
			 this rule must be paid to the Oregon State Police. Fees may be mailed to the
			 Oregon State Police - Ignition Interlock Device Management Fund.
(a) Payment may be made by personal check,
			 business check, cashier's check, credit card or money order made payable to the
			 Oregon State Police - Ignition Interlock Device Management Fund. If the fee is
			 paid by either personal check or business check, the OSP will not take any
			 action on applications until the check has cleared the bank.
(b) An electronic deposit process may be used
			 with prior OSP approval.
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 100 - IGNITION INTERLOCK DEVICE PROGRAM › Section 257-100-0075 - Indigence Fee Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only a
			 manufacturer's representative under contract with the Oregon Health Authority
			 may provide statewide device service for individuals who apply and meet
			 indigence standards.
(2) An
			 individual customer required by ORS
			 813.602 to have a device installed in the individual's vehicle and who meets indigence
			 standards may have the fees charged by a service center waived for any device
			 service.
(3) An individual customer
			 requesting a fee waiver must provide proof of eligibility for the fee waiver to
			 the service center. Proof of eligibility is documentation of SNAP enrollment
			 provided by the Oregon Department of Human Services dated for the month service
			 was performed. Proof of eligibility must be submitted to the service center
			 each time the service center provides service and the individual customer
			 requests a fee waiver.
(4) A person
			 unable to provide proof of enrollment in SNAP does not meet the indigence
			 standards and is responsible for all fees charged for any services related to
			 the device for the period proof is not provided to the service
			 center.
Statutory/Other Authority: ORS
				  813.600,
				  ORS
				  813.603,
				  ORS
				  813.604  & ORS
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 100 - IGNITION INTERLOCK DEVICE PROGRAM › Section 257-100-0085 - Foreign Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For an
			 individual customer with an Oregon ignition interlock device requirement who
			 reside outside of the State of Oregon, and in a jurisdiction, which does not
			 have an ignition interlock device requirement or statutory counterpart, the
			 individual must comply with the standards and settings outlined in OAR
			 257-100-0005  through 257-100-0080.
(2) An individual with an ignition interlock
			 device requirement or restriction in the jurisdiction in which they reside in
			 addition to an ignition interlock device requirement pursuant to ORS
			 813.602,
			 may cause a device to be installed in their vehicle and set to the standards or
			 settings required by the jurisdiction with the most stringent requirements as
			 determined by the manufacturer and with OSP approval.
(3) The device installed and used to satisfy
			 an ignition interlock device requirement pursuant to ORS
			 813.602,
			 as described in Section (2), shall include the following requirements:
(a) The device model is listed on the Oregon
			 List of Qualified Devices;
(A) The device is
			 equipped with a camera pursuant to OAR 257-100-0050; and
(B) The device must include a global
			 positioning system (GPS) pursuant to OAR 257-100-0050.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 1 - RULEMAKING › Section 259-001-0005 - Permanent Rulemaking Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prior to the adoption, amendment, or repeal of any permanent rule, the
			 Department of Public Safety Standards and Training will give notice of the
			 intended action:
(a) In the Secretary of
			 State's Bulletin referred to in ORS
			 183.360 at least 21 days prior
			 to the effective date of the rule;
(b) By mailing or e-mailing a copy of the
			 notice to persons on the interested parties distribution list established by
			 the Department of Public Safety Standards and Training pursuant to ORS
			 183.335(8) at
			 least 28 days before the effective date of the rule; and
(c) By mailing or e-mailing a copy of the
			 notice to the legislators specified in ORS
			 183.335(15) at
			 least 49 days before the effective date of the rule.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 1 - RULEMAKING › Section 259-001-0015 - Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to the provisions of ORS
				183.341, the Board and
				Department adopt the Attorney General's Model Rules of Procedure applicable to
				proceedings for agency rulemaking in effect July, 2014.
Statutory/Other Authority: ORS
				  181A.410, ORS
				  181A.870, ORS
				  183.341, ORS
				  703.230 & ORS
				  703.480
Statutes/Other Implemented: ORS
				  181A.410, ORS
				  181A.870, ORS
				  183.341, ORS
				  703.230 & ORS
				  703.480
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 1 - RULEMAKING › Section 259-001-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.878
Stats. Implemented: ORS
				  181.878, ORS
				  183.335 & ORS
				  183.341(4)
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 3 - DECLARATORY RULINGS › Section 259-003-0015 - Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to the provisions of ORS
				183.341, the Board and
				Department adopt the Attorney General's Model Rules of Procedure applicable to
				proceedings for agency declaratory rulings under the Administrative Procedures
				Act as amended and in effect July, 2014.
Statutory/Other Authority: ORS
				  181A.410, ORS
				  703.230, ORS
				  703.465 & ORS
				  181A.870
Statutes/Other Implemented: ORS
				  181A.410, ORS
				  703.230, ORS
				  703.470, ORS
				  181A.630, ORS
				  181A.640, ORS
				  181A.650, ORS
				  181A.870 & ORS
				  181A.880
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 5 - CONTESTED CASES › Section 259-005-0015 - Rules of Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to the provisions of ORS
				183.341, the Board and
				Department adopt the Attorney General's Model Rules of Procedure applicable to
				contested cases under the Administrative Procedures Act as amended and in
				effect July, 2014.
Statutory/Other Authority: ORS
				  181A.410, ORS
				  181A.870, ORS
				  703.230 & ORS
				  703.465
Statutes/Other Implemented: ORS
				  181A.410, ORS
				  703.230, ORS
				  181A.630, ORS
				  181A.640, ORS
				  181A.650, ORS
				  181A.880 & ORS
				  703.470
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 6 - POLICY COMMITTEES › Section 259-006-0000 - Policy Committees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS
			 181A.375,
			 the Board on Public Safety Standards and Training must establish the following
			 policy committees:
(a) Corrections Policy
			 Committee;
(b) Fire Policy
			 Committee;
(c) Police Policy
			 Committee;
(d) Telecommunications
			 Policy Committee; and
(e) Private
			 Security Policy Committee.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 6 - POLICY COMMITTEES › Section 259-006-0005 - Policy Committee Appointments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies to policy committee
			 appointments for members who do not serve on a policy committee by virtue of
			 their position on the Board on Public Safety Standards and Training.
(2) Definitions.
(a) "Board" means the Board on Public Safety
			 Standards and Training.
(b)
			 "Department" means the Department of Public Safety Standards and
			 Training.
(c) "Interest Form" means
			 an application for consideration submitted by a person expressing interest in
			 serving on a policy committee.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 6 - POLICY COMMITTEES › Section 259-006-0010 - Criminal Justice Applicant Review Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board on Public Safety Standards and
			 Training (Board) forms the Applicant Review Committee for the purpose of
			 reviewing discretionary professional standards cases where the public safety
			 professional is a new applicant for DPSST training and certification and the
			 professional standards case is based on a criminal disposition that occurred
			 prior to employment in public safety.
(2) The Applicant Review Committee consists
			 of:
(a) Two representatives of the Corrections
			 Policy Committee;
(b) Two
			 representatives of the Police Policy Committee;
(c) Two representatives of the
			 Telecommunications Policy Committee; and
(d) The public member of the Board.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 7 - PUBLIC CONTRACTING AND PROCUREMENT › Section 259-007-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.610 -
				  181.712
Stats. Implemented: ORS
				  181.610 -
				  181.712
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 7 - PUBLIC CONTRACTING AND PROCUREMENT › Section 259-007-0010 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR Chapter 259
			 Division 7 applies to procurements of goods and services for the Oregon
			 Department of Public Safety Standards and Training (DPSST) conducted under ORS
			 181A.410(2)(a)
			 - (2)(b), and 279A.050(6)(n). For procurements conducted under this section,
			 DPSST adopts the following Attorney General Model Rules:
(a) OAR 137-046-0100  through 137-046-0480  in
			 effect as of October 1, 2023;
(b)
			 OAR 137-047-0000  through 137-047-0810  in effect as of October 1,
			 2023;
(c) OAR 137-048-0100  through
			 137-048-0320  in effect as of October 1, 2023; and
(d) OAR 137-049-0100  through 137-049-0910  in
			 effect as of October 1, 2023, as it pertains to Public Contracts for ordinary
			 construction Services that are not Public Improvement.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 7 - PUBLIC CONTRACTING AND PROCUREMENT › Section 259-007-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Public
			 Contracting Code and Attorney General's Model Rules contain definitions
			 applicable to capitalized terms in OAR Chapter 259 Division 7.
(2) "DPSST" or "Department" means the
			 Department of Public Safety Standards and Training.
Statutory/Other Authority: ORS
				  181A.410, ORS
				  279A.050, ORS
				  279A.065 & ORS
				  279A.070
Statutes/Other Implemented: ORS
				  279A.065 & ORS
				  279A.070
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 7 - PUBLIC CONTRACTING AND PROCUREMENT › Section 259-007-0030 - Delegation of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
The DPSST Designated Procurement Officer may delegate in
				Writing, on a case-by-case basis, any Procurement for which DPSST has
				independent statutory Contracting authority to the Oregon Department of
				Administrative Services (DAS). If DAS accepts a delegation, DAS will process
				the delegated Procurement under OAR Chapter 125, Divisions 246, 247, 248, and
				249. The DPSST Designated Procurement Officer may at any time rescind any
				Written delegation issued under this rule.
Statutory/Other Authority: ORS
				  181A.410, ORS
				  279A.050, ORS
				  279A.065, ORS
				  279A.070 & ORS
				  279A.075
Statutes/Other Implemented: ORS
				  279A.065, ORS
				  279A.070 & ORS
				  279A.075
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 7 - PUBLIC CONTRACTING AND PROCUREMENT › Section 259-007-0040 - Preference or Limited Competition Permitted

Current through Register Vol. 63, No. 7, July 1, 2024
For any Contract estimated to cost $50,000 or less, DPSST may
				allow a preference for, or limit competition to, contracting entities owned or
				controlled by disadvantaged persons described in ORS
				279A.100(1).
Statutory/Other Authority: ORS
				  181A.410, ORS
				  279A.050, ORS
				  279A.065, ORS
				  279A.070 & ORS
				  279A.100
Statutes/Other Implemented: ORS
				  279A.065, ORS
				  279A.070 & ORS
				  279A.100
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 7 - PUBLIC CONTRACTING AND PROCUREMENT › Section 259-007-0050 - Resident Bidder Preference

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For Procurements under OAR 259-007-0010(1), see OAR 137-046-0310.
(2) For Procurements under OAR
			 259-007-0010(2), see OAR 125-246-0310.
Statutory/Other Authority: ORS
				  181A.410, ORS
				  279A.050 & ORS
				  279A.120
Statutes/Other Implemented: ORS
				  279A.120
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 7 - PUBLIC CONTRACTING AND PROCUREMENT › Section 259-007-0060 - Oregon Goods or Services Preference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For Procurements under OAR
			 259-007-0010(1), see OAR 137-046-0300.
(2) For Procurements under OAR
			 259-007-0010(2), see OAR 125-246-0300.
Statutory/Other Authority: ORS
				  181A.410, ORS
				  279A.050 & ORS
				  279A.128
Statutes/Other Implemented: ORS
				  279A.128
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 7 - PUBLIC CONTRACTING AND PROCUREMENT › Section 259-007-0070 - Recycled Materials Preference

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For Procurements under OAR 259-007-0010(1), see OAR 137-046-0320.
(2) For Procurements under OAR
			 259-007-0010(2), see OAR 125-246-0322.
Statutory/Other Authority: ORS
				  181A.410, ORS
				  279A.050 & ORS
				  279A.125
Statutes/Other Implemented: ORS
				  279A.125
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 7 - PUBLIC CONTRACTING AND PROCUREMENT › Section 259-007-0080 - Independent Contractor Status for Services Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DPSST will Contract for Services with
			 Persons who are Independent Contractors.
(2) DPSST will develop a statement of work
			 for Services that will not result in an employee relationship with the
			 potential contractor.
(3) An
			 Independent Contractor certification must be completed for each Independent
			 Contractor and included as a provision in each Contract.
(4) If the nature of the Services or project
			 is such that an employee/employer relationship exists or will likely exist,
			 DPSST will hire the individual through normal personnel procedures.
(5) All Contracts must include the
			 Independent Contractor's legal name and address. The Contractor must provide
			 DPSST its federal Employer Identification Number (EIN) or Social Security
			 Number (SSN), as applicable.
(6)
			 All Contracts must provide that the Independent Contractor is responsible for
			 federal Social Security, except those categories excluded by law, and for any
			 federal or state taxes applicable to the Contract payment.
(7) Violation of this administrative rule may
			 result in DPSST withdrawing an intent to Award a Contract, or termination of an
			 existing Contract.
Statutory/Other Authority: ORS
				  181A.410, ORS
				  279A.050, ORS
				  279A.065 & ORS
				  279A.070
Statutes/Other Implemented: ORS
				  279A.065 & ORS
				  279A.070
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 7 - PUBLIC CONTRACTING AND PROCUREMENT › Section 259-007-0090 - Fragmentation

Current through Register Vol. 63, No. 7, July 1, 2024
A Procurement may not be artificially divided or fragmented for
				the purpose of restricting competition or circumventing a legal
				requirement.
Statutory/Other Authority: ORS
				  181A.410, ORS
				  279A.050, ORS
				  279A.065 & ORS
				  279A.070
Statutes/Other Implemented: ORS
				  279A.065 & ORS
				  279A.070
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 7 - PUBLIC CONTRACTING AND PROCUREMENT › Section 259-007-0100 - Electronic Procurement and Submittals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Electronic Procurement and Offers
			 Authorized.
(a) DPSST may conduct all phases
			 of a Procurement under these rules, including without limitation the posting of
			 Electronic Advertisements and the receipt of Electronic Offers, by electronic
			 methods if and to the extent DPSST specifies in the Written instructions of a
			 Solicitation Document how to participate in the Procurement.
(b) DPSST must open Electronic Offers in
			 accordance with electronic security measures in effect at the time of its
			 receipt of the Electronic Offer.
(c) DPSST may use electronic or digital
			 Signatures in issuing, awarding, or executing any Solicitation, Procurement or
			 Contract. DPSST's use of electronic or digital Signatures must be consistent
			 with all applicable statutes and rules.
(d) If DPSST determines that Proposal
			 security is or will be required, DPSST must not authorize Electronic Offers
			 unless it has established methods for receipt of such security.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 7 - PUBLIC CONTRACTING AND PROCUREMENT › Section 259-007-0110 - Amendments to Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 Procurements under OAR 259-007-0010(1), see OAR 137-047-0800.
(2) For Procurements under OAR
			 259-007-0010(2), see OAR Chapter 125, Divisions 246, 247, 248, and
			 249.
(3) Contracts from Small or
			 Intermediate Procurements. DPSST may amend a Contract awarded as a small or
			 intermediate Procurement pursuant to section (2) of this rule, provided that
			 the total increase in price does not exceed the amount set forth in OAR
			 137-047-0265  for small Procurements or OAR 137-047-0270  for intermediate
			 Procurements.
(4) Price Agreements.
			 DPSST may amend a Price Agreement as follows:
(a) As permitted by the Price
			 Agreement;
(b) For Price Agreements
			 subject to ORS Chapter 279B, if the circumstances set forth in ORS
			 279B.140(2)
			 exist; or
(c) As permitted by
			 applicable law.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 7 - PUBLIC CONTRACTING AND PROCUREMENT › Section 259-007-0120 - Protests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 Procurements under OAR 259-007-0010(1), see OAR Chapter 137 Division
			 046.
(2) For Procurements under OAR
			 259-007-0010(2), see OAR Chapter 125 Divisions 247, 248, and 249, as
			 applicable.
Statutory/Other Authority: ORS
				  181A.410, ORS
				  279A.050, ORS
				  279A.065 & ORS
				  279A.070
Statutes/Other Implemented: ORS
				  279A.065 & ORS
				  279A.070
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 8 - CRIMINAL JUSTICE EMPLOYMENT, TRAINING AND CERTIFICATION › Section 259-008-0000 - Policies and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board and Department adopt the following policies in response to ORS
			 181A.365:
(a) The Board and Department exist to develop
			 talented individuals into public safety providers who are:
(A) Culturally competent;
(B) Ethically, physically and emotionally
			 fit; and
(C) Well trained, highly
			 skilled and responsive to the needs of their communities.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 8 - CRIMINAL JUSTICE EMPLOYMENT, TRAINING AND CERTIFICATION › Section 259-008-0001 - Board and Department Policies for the Impacts of COVID-19

Current through Register Vol. 63, No. 7, July 1, 2024
In recognition of the statewide impacts of COVID-19, the Board
				authorizes the Department to exercise the following discretion in its
				enforcement of certification and maintenance standards for public safety
				professionals.
(1) The Department may
			 approve exceptions to the timelines for completion and submission of
			 employment, training and certification documentation or standards where
			 permissible by statute and rule. This authority expires on December 31,
			 2021.
(2) The Department may
			 include additional time that accounts for periods of Oregon Public Safety
			 Academy closure or restricted availability due to COVID-19 when approving a
			 public or private safety agency's request for a time extension to complete a
			 public safety professional's training and certification. This authority expires
			 on December 31, 2021.
(3) The
			 Department may suspend enforcement of certification maintenance standards upon
			 a finding that the public safety professional's ability to comply with the
			 maintenance requirements was impacted by COVID-19. This authority expires on
			 December 31, 2022.
(4) In the event
			 additional issues arise due to COVID-19, the Department may use discretion as
			 needed and where permissible by statute and rule to balance compliance of the
			 Board's minimum standards with state and federal COVID-19 requirements. This
			 authority expires on December 31, 2021.
Statutory/Other Authority: ORS
				  181A.410
Statutes/Other Implemented: ORS
				  181A.410
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 8 - CRIMINAL JUSTICE EMPLOYMENT, TRAINING AND CERTIFICATION › Section 259-008-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Armed Parole
			 and Probation Officer" ' means a parole and probation officer who is authorized
			 by the employing public safety agency to carry a firearm while engaged in
			 official duties.
(2) "Assistant
			 Department Head" means a public safety officer employed in the first position
			 subordinate to a Department Head who is primarily responsible for supervision
			 of middle managers and supervisors.
(3) "Board" means the Board on Public Safety
			 Standards and Training.
(4) "Casual
			 employment" means employment that is occasional, irregular, or incidental for
			 which the employee does not receive seniority rights or fringe
			 benefits.
(5) "Certified Reserve
			 Officer" means a reserve officer who has been designated by a local law
			 enforcement unit, has received training necessary for certification and has met
			 the minimum standards and training requirements established under ORS
			 181A.410.
(6) "Commissioned" means being authorized to
			 perform various acts or duties of a police officer, certified reserve officer
			 or reserve officer and acting under the supervision and responsibility of a
			 county sheriff or as otherwise provided by law.
(7) "Community College" means a public
			 institution operated by a community college district for the purpose of
			 providing courses of study limited to not more than two years full-time
			 attendance and designed to meet the needs of a geographical area by providing
			 educational services, including, but not limited to, vocational or technical
			 education programs or lower division collegiate programs.
(8) "Corrections Officer" means an officer or
			 member employed full-time by a law enforcement unit who:
(a) Is charged with and primarily performs
			 the duty of custody, control or supervision of individuals convicted of or
			 arrested for a criminal offense and confined in a place of incarceration or
			 detention other than a place used exclusively for incarceration or detention of
			 juveniles;
(b) Has been certified
			 as a corrections officer described in paragraph (a) of this subsection and has
			 supervisory or management authority for corrections officers described in
			 paragraph (a) of this subsection; or
(c) Is any full-time employee of the
			 Department who possesses the requisite qualifications and is so certified
			 pursuant to ORS
			 181A.570.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 8 - CRIMINAL JUSTICE EMPLOYMENT, TRAINING AND CERTIFICATION › Section 259-008-0010 - Minimum Standards for Employment as a Law Enforcement Officer or Utilization as a Reserve Officer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Citizenship.
(a) A person may not be employed as a
			 corrections officer for more than one year unless the person is a citizen of
			 the United States or a nonimmigrant legally admitted to the United States under
			 a Compact of Free Association.
(b)
			 A person may not be employed as a police officer or a parole and probation
			 officer for more than 18 months unless the person is a citizen of the United
			 States or a nonimmigrant legally admitted to the United States under a Compact
			 of Free Association.
(c) A person
			 may not be employed as a regulatory specialist for more than 18 months unless
			 the person is a citizen of the United States.
(d) The citizenship requirement found in (c)
			 does not apply to a person employed as a regulatory specialist on March 16,
			 2012, who continues full-time employment as a regulatory specialist without a
			 lapse.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 8 - CRIMINAL JUSTICE EMPLOYMENT, TRAINING AND CERTIFICATION › Section 259-008-0011 - Minimum Standards for Employment as a Telecommunicator and Emergency Medical Dispatcher

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fingerprints.
			 Within 90 days of the date of employment in a certifiable position, each
			 telecommunicator and emergency medical dispatcher must be fingerprinted on a
			 standard applicant fingerprint card.
(a) If
			 the hiring agency is a public agency, it is responsible for fingerprinting and
			 forwarding one fingerprint card to the Oregon State Police Identification
			 Services Section for processing and the assignment of an identification
			 number.
(b) If the hiring agency is
			 a private agency, it is responsible for fingerprinting and forwarding one
			 fingerprint card to the Department along with the appropriate fee.
(c) Applications for certification will not
			 be processed until an applicant's fingerprints have cleared Oregon State Police
			 Identification Services.
(d) If any
			 procedural change is made by either the Federal Bureau of Investigation or the
			 Oregon State Police Identification Services Section, the Department will comply
			 with the most current requirements.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 8 - CRIMINAL JUSTICE EMPLOYMENT, TRAINING AND CERTIFICATION › Section 259-008-0015 - Background Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A background
			 investigation must be conducted by a public or private safety agency on each
			 individual being considered for employment or utilization as a public safety
			 professional or instructor, as defined in OAR 259-008-0080, to determine if the
			 applicant is of good character.
(2)
			 The background investigation must include, but is not limited to, investigation
			 into the following:
(a) Criminal history and
			 arrests;
(b) Department of Motor
			 Vehicles (DMV) records;
(c) Drug
			 and alcohol use;
(d) Education
			 verification;
(e) Employment
			 history;
(f) Military history
			 verification;
(g) Personal and
			 professional references. Personal and professional references may include, but
			 are not limited to, friends, associates, family members, and
			 neighbors;
(h) Personal Interview.
			 The personal interview may occur before or after the investigation and may be
			 used to clarify discrepancies in the investigation;
(i) Department of Public Safety Standards and
			 Training Professional Standards records;
(j) Residential history;
(k) Work eligibility; and
(l) Records checks, which may include, but
			 are not limited to:
(A) Police records,
			 district attorney, court and Oregon Judicial Information Network (OJIN)
			 records;
(B) Open sources or social
			 media, as permitted by law; and
(C)
			 Financial information, as permitted by law.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 8 - CRIMINAL JUSTICE EMPLOYMENT, TRAINING AND CERTIFICATION › Section 259-008-0017 - Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A private
			 safety agency that employs a public safety professional subject to the
			 Department's certification requirements must retain all documentation related
			 to a public safety professional's employment, training and certification in a
			 manner, and for the period of time, consistent with the requirements of the
			 Secretary of State's administrative rules relating to records retention by
			 public bodies.
(2) Documentation
			 related to a public safety professional's employment, training and
			 certification includes, but is not limited to:
(a) Any documentation related to an
			 employment investigation, or pending or final disciplinary action related to a
			 public safety professional;
(b) A
			 public safety professional's personnel record, including any documentation
			 related to a personnel investigation or disciplinary action;
(c) A public safety professional's training
			 record;
(d) A public safety
			 professional's payroll records.
Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 8 - CRIMINAL JUSTICE EMPLOYMENT, TRAINING AND CERTIFICATION › Section 259-008-0018 - Authorized Signer / Signature Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a document is required to be signed
			 by the employing agency the document must be signed by one of the following:
(a) The department head of a public safety
			 agency;
(b) A currently certified
			 public safety professional authorized by the department head of a public safety
			 agency;
(c) A manager or supervisor
			 authorized by the department head of a private safety agency; or
(d) When the employing agency is not a public
			 or private safety agency, a manager or supervisor within the human resources
			 division of the agency.