Oregon Administrative Code

257-050-0070 Application Requirements (1) Application for certification must be made on forms furnished by the Oregon State Police and must be accompanied by an inspection report. The information provided inthe application must provide sufficient information for the Department to…

257-050-0090 Inspections The authorized agent or representative of the tow business shall self-certify on its application under penalty of False Swearing related to Regulation of Vehicles related to Businesses (ORS 822.605), penalty of Perjury (ORS 162.065), suspension or revocat…

257-050-0095 Letter of Appointment The letter of appointment shall be completed by the Department establishing that the tow business has met the requirements for a letter of appointment. The designated tow zone(s), class of tow vehicle(s), specific vehicles authorized to operate …

257-050-0100 Issuance of Certification (1) Only a tow business with a valid non-preference tow certfication from the Department, as described herein shall be called upon to perform non-preference towing services at the request of the Department. Non-preference tow certification s…

257-050-0110 Suspension, Revocation and Voluntary Relinquishment of Certification (1) The Department may deny an application for non-preference tow certification, or suspend or revoke anon-preference tow certification if the Department determines the applicant tow business or lis…

257-050-0115 Suspension and Revocation (1) For purpose of 257-050-0115, the following suspension periods apply: (a) "First suspension" — any first violation of OAR 257-050-0115 shall be for a period of not less than 60 days. (b) "Second Suspension" — any second violation of OAR 2…

257-050-0125 Re-inspection and Recertification (1) Re-inspections must be conducted at least once a year by an Oregon State Police inspector. Unscheduled inspections of a listed tow business may be conducted without notice by an Oregon State Police inspector to determine complian…

257-050-0130 Appeal A tow business or qualified tow business aggrieved by the decision of the Hearings Program officer denying, suspending, or revoking a letter of appointment must make any further appeal of such decision to the Oregon Court of Appeals. Statutory/Other Authority:…

257-050-0140 Place of Business Requirement and Business Hours (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 …

257-050-0145 Felony Convictions (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 operation…

257-050-0150 Towing (1) The Department shall not establish, recommend or in any way dictate the cost of a non-preference tow conducted by a listed tow business. (2) A listed tow business that conducts a non-preference tow under these administrative rules shall not represent to an…

257-050-0155 Suspension and Revocation (for Violation of a Law Chargeable as a Violation or Crime) (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 b…

257-050-0157 Suspension or Revocation for Violation (other than a Law Chargeable as a Violation or Crime) (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 suspensio…

257-050-0170 Hearings (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 reque…

257-050-0180 Judicial Review 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 revocati…

257-050-0200 Mandatory Equipment and Safety Standards for Tow Trucks (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 conjun…

257-055-0001 Gaming Industry Employment Prohibition 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 Superintende…

257-060-0005 Collection and Submission of Samples (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 consis…

257-060-0010 Inspection of DNA Profile Records (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 request…

257-060-0015 Challenges of DNA Profile Records (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 rec…

257-070-0005 Statement of Purpose The purpose of these rules is to implement and interpret ORS 163A.005 to 163A.235. The Oregon State Police is authorized to adopt rules interpreting and implementing the described statutes. These rules establish standards and procedures for victi…

257-070-0015 Definitions 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 …

257-070-0025 Victim Access to Registered Sex Offender Information (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 req…

257-070-0100 Registration Process for Registering Agencies (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…

257-070-0110 Registration Requirements for Registerable Sex Offenders (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 a…

257-070-0120 Recordkeeping (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. (2) The Department will not…

257-070-0130 Internet Notification of Level Three Sex Offenders The Department shall utilize the sex offender registry public website to make information available to the public regarding level three sex offenders currently recorded on the Registry and not otherwise except from p…

257-080-0000 Purpose of Rules 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 dec…

257-080-0005 Statutory Authority for Rules These rules are adopted under the authority provided by ORS 181.280 Statutory/Other Authority: ORS 181.280 & 181.310 Statutes/Other Implemented: ORS 181.290 - 181.340 History: OSP 4-2012, f. & cert. ef. 9-5-12 OSP 3-2012(Temp), f. & cert…

257-080-0010 Definitions (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 appoin…

257-080-0015 Grounds for Removal 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. Statutory/Other Authorit…

257-080-0020 Investigation and Fact Finding Processes (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 a…

257-080-0025 Procedure to notify member of Findings, Recommendation, and Request to convene a Review Board (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) …

257-080-0030 Initiating a Review Board (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…

257-080-0035 Review Board — Generally (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 proce…

257-080-0040 Review Board Pre-meeting Matters (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) T…

257-080-0045 Board Meeting (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 memb…

257-080-0050 The Board’s Decision (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…

257-080-0055 Office of Superintendent’s consideration of Review Board Decision (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 Revi…

257-090-0010 Confidentiality and Inadmissibility of Mediation Communications (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 rul…

257-095-0000 Purpose of Rules 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. Statutory/Other Authority: ORS 165.570(2…

257-095-0010 Authority (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 repo…

257-095-0030 Definitions 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 a…

257-095-0040 Responsibilities (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 an…

257-095-0050 Incidents Reportable through the School Safety Tip Line Program 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 …

257-095-0060 Receipt of Tips of Reportable Incidents 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 communica…

257-095-0070 Tip Examination, Classification and Referrals (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) Ti…

257-095-0080 Information Confidentiality and Disclosure (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 o…

257-095-0090 Anonymity 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). Statutory/Other…

257-095-0100 Reporting and Data Analysis (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 sh…