Oregon Administrative Code

257-010-0050 Rights of Appeal A Criminal Justice, Designated Agency, Regional Information Sharing System, or employee desiring to appeal any action, order, or administrative ruling by the OSP may proceed under the provisions of Rules 30.00 to 30.80 of the Attorney General's Model…

257-010-0055 Firearm Instant Check System (1) The Oregon Firearm Instant Check System is a computerization of firearm and firearm purchaser information, and is maintained by the OSP under provisions of Oregon Law. The purpose of the Firearm Instant Check System is to receive info…

257-010-0060 Mental Health Information Reporting to NICS (1) Definitions. As used in this administrative rule: (a) “Designated Agencies” means the Oregon Department of Human Services (DHS), the Oregon Health Authority (OHA), the Psychiatric Review Board (PSRB), and the Oregon Jud…

257-010-0065 Permit-to-Purchase (1) OSP shall determine the format and shall assign the unique application and permit number to each Oregon State Permit-to-Purchase application and permit that shall be used by all permit agents for Permit-to-Purchase applications. The Permit-to-P…

257-015-0000 Purpose of Rules Rules adopted herein prescribe the policies and procedures for operation and use of the Oregon Law Enforcement Data System (LEDS). Statutory/Other Authority: ORS 181A.280(3) Statutes/Other Implemented: ORS 181A.280 History: OSP 12-2019, minor correct…

257-015-0010 Authority (1) The Law Enforcement Data System (LEDS) was established by act of the 1969 Oregon Legislature (ORS 181.710) which authorized the state Executive Department to develop and operate a police information network. In 1973, the term “Police Information Network…

257-015-0030 Definitions (1) “LEDS” means the Department of State Police, Law Enforcement Data System. (2) “NCIC” means the Federal Bureau of Investigation, National Crime Information Center. (3) “NLETS” means the National Law Enforcement Telecommunications System, Incorporated. …

257-015-0040 LEDS Responsibilities The general responsibilities of the Law Enforcement Data System program are as follows: (1) Develop and operate a computerized criminal justice telecommunications and information system providing message switching and record storage and retrieva…

257-015-0050 User Responsibilities (1) “User Agreement” — Any agency using a terminal to access the Law Enforcement Data System, whether directly or through another agency, is responsible for adhering to all applicable LEDS rules and policies and must sign an agreement with LEDS …

257-015-0060 Information Access and Dissemination Information is made available to LEDS users from various sources and agencies, including LEDS and other state information system files, motor vehicle departments, NCIC, Oregon State Police Identification Services Section, etc. Eac…

257-015-0070 System Security and Privacy The data stored in the LEDS, NCIC, and other criminal justice information system files is documented criminal justice information. This information must be protected to ensure its integrity and its correct, legal and efficient storage, dis…

257-015-0080 Criteria for Terminal Access to LEDS LEDS uses the following criteria to determine if an agency qualifies for placement of a LEDS terminal, or for access via a terminal on another system which has access to the LEDS network. Questions about whether an agency meets on…

257-015-0090 Criteria for Revocation of Terminal or Informational Access to LEDS The authorization of any agency to access the LEDS network or associated systems or to retain access is subject to revocation or cancellation by LEDS on the following grounds: (1) Violation by the ag…

257-015-0100 Criteria for Computer Access to the LEDS Network (1) A local or state government computer center may be given direct access to the LEDS network if the agency operating the computer is a criminal justice agency. If the agency operating the computer is not a criminal j…

257-020-0010 Public Records Access and Fees (1) The Department of State Police may require any request for public records be made in writing. (2) The Department may charge fees to cover its reasonable costs in responding to requests for public records: (a) The Department will est…

257-025-0000 Statement of Purpose The purpose of these rules is to implement and interpret ORS Chapters 801 and 813 with regard to field sobriety tests. The Department of State Police is empowered to make rules interpreting and implementing the described statutes. It is intended …

257-025-0005 General Requirements of ORS 801.272 ORS 801.272 generally provides that the Oregon State Police approve by rule, after consultation with the Board on Public Safety Standards and Training (BPSST), physical and/or mental tests that enable a police officer or trier of f…

257-025-0010 Acts, Signs, and Symptoms of Intoxicant Impairment The following acts, signs or symptoms are, typically, present in circumstances of intoxicant impairment. They are not field sobriety tests. A police officer may testify to their presence at any proceeding, criminal o…

257-025-0012 Approved Field Sobriety Tests (1) The following “field sobriety tests,” as that phrase is defined by ORS. 801.272, are approved by the Department of State Police, after consultation with the Board on Public Safety Standards and Training (BPSST), for use by sworn poli…

257-025-0020 Conducting Approved Field Sobriety Tests (1) Nothing in this rule prohibits the police officer from providing additional information to the person asked or requested to take the field sobriety tests that the officer considers convenient or appropriate. By way of exam…

257-025-0025 Effective Date These rules take effect upon filing. Statutory/Other Authority: ORS 801.272 Statutes/Other Implemented: ORS 801.272 History: OSP 2-1997, f. & cert. ef. 5-22-97 OSP 5-1996(Temp), f. & cert. ef. 12-20-96 OSP 4-1996, f. & cert. ef. 7-16-96 OSP 5-1989, f. …

257-030-0040 Criteria for Approval of Breath Testing Equipment Any instrument or equipment to be used for the testing of a person’s breath to determine the alcohol content of the blood may be approved by the Oregon State Police if one or more of the following criteria are met: (1…

257-030-0050 Definitions As used in these rules, “Chemical Test” and “Chemical Analysis” both mean a quantitative analysis for alcohol by means of direct or indirect measurement of physicochemical technique performed on a sample of breath. Statutory/Other Authority: ORS 183.335 &…

257-030-0060 Approved Breath Testing Equipment The following breath testing equipment is approved under OAR 257-030-0040 for performing chemical analysis of a person’s breath: The Intoxilyzer 5000: (1) Reports of correlation studies furnished by the manufacturer(s) are maintained…

257-030-0070 Approved Methods for Operating the Intoxilyzer 5000 The following method of performing Chemical Analysis of a subject’s breath is approved for the Intoxilyzer 5000: (1) Test Identification: A check list containing an outline of the approved procedures shall be used a…

257-030-0080 Qualifications of Breath Test Equipment Operators (1) No individual shall operate approved breath testing equipment to determine the alcoholic content of the blood of a person in accordance with the provisions of ORS 813.160 unless that individual has been issued a p…

257-030-0090 Training for Operators of Breath Test Equipment (1) The Oregon State Police, or instructors approved by the Oregon State Police will provide a course of instruction as provided in ORS 813.160. (2) Upon completion of the course of instruction, a written examination wi…

257-030-0100 Certification of Accuracy of Breath Test Equipment A trained technician of the Oregon State Police will conduct an accuracy test of approved breath testing equipment and shall certify the accuracy of the equipment if accuracy test performance is within a range of 0.0…

257-030-0105 Definitions; Severability (1) As used in these rules, “Chemical Test” and “Chemical Analysis” of a person’s breath both mean the quantitative analysis for alcohol by means of direct or indirect measurement of physicochemical technique. Two valid breath samples, provi…

257-030-0110 Criteria for Approval of Breath Testing Equipment Any instrument or equipment to be used for the testing of a person’s breath to determine the alcohol content of the blood may be approved by the Oregon State Police if one or more of the following criteria are met: (1…

257-030-0120 Approved Breath Testing Equipment The following breath testing equipment is approved under OAR 257-030-0110 for performing chemical analysis of a person’s breath: The Intoxilyzer 8000: Correlation studies performed with the Intoxilyzer 8000 by Oregon State Police tec…

257-030-0130 Approved Methods for Operating the Intoxilyzer 8000 The following method of performing Chemical Analysis of a subject’s breath is approved for the Intoxilyzer 8000: (1) Test Identification: A check list containing an outline of the approved procedures shall be used a…

257-030-0140 Determining Agreement of Breath Samples Within a Testing Sequence Agreement between two valid breath samples within a testing sequence is established when the subject sample measurements agree within plus or minus ten percent of their mean, inclusive of the upper and…

257-030-0150 Qualifications of Breath Test Equipment Operators (1) No individual shall operate approved breath testing equipment to determine the alcoholic content of the blood of a person in accordance with the provisions of ORS 813.160 unless that individual has been issued and…

257-030-0160 Training for Operators of Breath Test Equipment (1) The Oregon State Police, or instructors approved by the Oregon State Police will provide a course of instruction as provided in ORS 813.160. (2) Upon completion of the course of instruction, a written examination wi…

257-030-0170 Certification of Accuracy of Breath Test Equipment Pursuant to ORS 813.160(b)(C), a trained technician of the Oregon State Police shall conduct an accuracy test of approved breath testing equipment and certify the accuracy of the equipment if accuracy test performanc…

257-035-0005 Use of Crime Detection Laboratories Equipment “Services” as used in ORS 181.080 means the operation of the equipment by authorized Department personnel and excludes the private use of laboratory facilities. Statutory/Other Authority: ORS 183 Statutes/Other Implemente…

257-040-0005 Introductory Provisions (1) Nothing in these rules is intended to impose any duty or any standard of care or conduct on any public or private body, entity or person to initiate or undertake any search and rescue or related operation, to conduct any such operation in …

257-040-0010 Distribution Procedures (1) Prior to giving any users custody of an electronic signaling device, the distributor must: (a) Test the device for minimum power and so indicate on the user log (a Model User Log is attached as Exhibit 1); (b) Visually inspect the device f…

257-040-0020 Return of a Device to a Distributor (1) On the return of a device to a distributor, the distributor must: (a) Test the device for minimum power and so indicate on the user log; (b) Visually inspect the device for external signs of damage and so indicate on the user l…

257-040-0030 Specifications (1) The Department of State Police has adopted the document entitled: “Specifications for the Electronic Signaling Device Pilot System (ESD), March 28, 1988, Oregon State Police, Advisory Committee — Senate Bill 915,” as the specifications required by …

257-045-0010 Purpose and Authority (1) These administrative rules govern the hearing process regarding vehicles that will be, or have been taken, into custody by the department pursuant to ORS 819.110 or 819.120. (2) These administrative rules are promulgated pursuant to Oregon L…

257-045-0020 Scope of Hearing (1) The owner of the vehicle, a person entitled to possession of the vehicle, or a person with a recorded interest on the title of the vehicle, may request a hearing to contest the validity of the towing and custody of the vehicle. (2) The owner of t…

257-045-0030 Notice and Request for Hearing (1) If the department proposes to take or has taken custody of a vehicle in accordance with ORS 819.110 or 819.120, the department shall provide notice as described in ORS 819.170 or 819.180. (2) A request for hearing shall be made in w…

257-045-0040 Hearing Process (1) Within 72 hours of its receipt of a timely request for hearing, the department shall schedule a hearing. The 72 hour period shall not include Saturdays, Sundays, or Holidays. (2) The department shall provide notice of the hearing to the following …

257-045-0050 Appeals The determination of the hearing officer is final and not subject to appeal. Statutory/Other Authority: OL 2009 & ch. 371 (HB 2738) Statutes/Other Implemented: OL 2009 & ch. 371 (HB 2738) History: OSP 2-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 4-2009(Temp), f. …

257-050-0020 Policy and Purpose It is the policy and purpose of the Oregon State Police that: (1) To further the Oregon State Police's interest in the prompt and orderly removal of disabled or abandoned vehicles from the highways of the State of Oregon, and to meet the towing nee…

257-050-0040 Authority (1) These Administrative Rules are promulgated pursuant to ORS 181.440, which permits the Superintendent of the Oregon State Police to make rules governing the eligibility of tow businesses to be placed and remain on any list of listed tow businesses used b…

257-050-0050 Definitions (1) “Abandoned Auto” or “Abandoned Vehicle” — A vehicle which may be taken into custody, as defined in ORS 819.110. (2) “Area Commander” or “Station Commander” — The local commanding officer of an area established by the Oregon State Police. (3) “Authoriz…

257-050-0060 Application to be a listed tow business (1) An application for certification must be filed by an authorized agent or representative of the applicant tow business. All applications must be filed with the Oregon State Police Non-Preference Tow Program. If the tow busin…