Oregon Administrative Code

257-100-0005 Definitions As used in OAR 257-100-0005 to 257-100-0080, in addition to the terms defined in ORS 813.599, the following terms apply: (1) “Alcohol” means ethanol or ethyl alcohol. (2) “Alcohol set point” means a breath alcohol concentration of 0.020%. (3) “Breath Alco…

257-100-0010 Ignition Interlock Device Standards and Requirements (1) Any device model for use in Oregon must meet or exceed the established standards set by OSP. A device model for use in the State of Oregon is qualified by OSP based on its ability annually to meet the minimum e…

257-100-0015 Product Liability for Ignition Interlock Devices (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 certificatio…

257-100-0020 Suspension or Removal from List of Qualified Ignition Interlock Devices (1) OSP may temporarily prohibit the manufacturer or manufacturer’s representative from performing new device installations, or suspend or revoke the qualification of a manufacturer or manufactur…

257-100-0025 Manufacturer’s Representative Certification, Service Center Certification and Inspection Requirements (1) A manufacturer’s representative shall be certified when the manufacturer’s representative meets and maintains device requirements as outlined in OAR 257-100-0010…

257-100-0030 Mobile Service Center Certification and Inspection Requirements (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…

257-100-0035 Statewide Service Center Area Requirement (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 M…

257-100-0040 Ignition Interlock Device Oversight Program Complaint Process (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…

257-100-0045 Ignition Interlock Device Technician Qualification Standards (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…

257-100-0050 Performance Standards for Ignition Interlock Devices (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 insta…

257-100-0055 Device Routine Maintenance and Calibration (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…

257-100-0060 Reporting Requirements of Manufacturers, Manufacturer’s Representatives, and Service Centers (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 Influ…

257-100-0065 Removal of Ignition Interlock Devices (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 wit…

257-100-0070 Service Center and Device Application, Renewal Fee, and Fee Schedule (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 c…

257-100-0075 Indigence Fee Waiver (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 dev…

257-100-0080 Hearing Procedure (1) OSP may deny, refuse to reissue, suspend or revoke a qualification of a manufacturer or manufacturer’s representative, or refuse or discontinue a working relationship with any manufacturer’s representative liaison if the department after a thoro…

257-100-0085 Foreign Jurisdiction (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 indiv…

259-001-0005 Permanent Rulemaking Notice (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 l…

259-001-0015 Rules of Procedure 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, O…

259-003-0015 Rules of Procedure 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…

259-005-0015 Rules of Procedures 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 Au…

259-006-0000 Policy Committees (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 C…

259-006-0005 Policy Committee Appointments (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 P…

259-006-0010 Criminal Justice Applicant Review Committee (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 applic…

259-007-0010 Application (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 s…

259-007-0020 Definitions (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…

259-007-0030 Delegation of Authority 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 accept…

259-007-0040 Preference or Limited Competition Permitted 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 …

259-007-0050 Resident Bidder Preference (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…

259-007-0060 Oregon Goods or Services Preference (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 Impleme…

259-007-0070 Recycled Materials Preference (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: …

259-007-0080 Independent Contractor Status for Services Contracts (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 contrac…

259-007-0090 Fragmentation 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: O…

259-007-0100 Electronic Procurement and Submittals (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…

259-007-0110 Amendments to Contracts (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…

259-007-0120 Protests (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.…

259-007-0150 Purchases Through Federal Programs (1) DPSST may purchase goods or services under the federal programs identified in ORS 279A.180, without competitive sealed bidding, competitive sealed proposals or other competition required under ORS 279B.050 to 279B.085, provided …

259-008-0000 Policies and Objectives (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…

259-008-0005 Definitions (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 employ…

259-008-0010 Minimum Standards for Employment as a Law Enforcement Officer or Utilization as a Reserve Officer (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 l…

259-008-0011 Minimum Standards for Employment as a Telecommunicator and Emergency Medical Dispatcher (1) Background Investigation. A person may not be employed as telecommunicator or emergency medical dispatcher without a background investigation completed in accordance with OAR …

259-008-0015 Background Investigations (1) Hiring agencies must complete a background investigation prior to hiring or utilizing an applicant as a public safety officer. The hiring agency’s background investigation must meet or exceed the background investigation standards define…

259-008-0017 Public Records (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…

259-008-0018 Authorized Signer / Signature Authority (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 a…

259-008-0020 Personnel Actions, DPSST Numbers and Use of Legal Name (1) Employers of public safety professionals must report personnel actions to the Department. The following personnel actions must be reported through a Department-approved submission process within 10 business d…

259-008-0025 Minimum Standards for Training (1) Basic Training. (a) The prescribed basic training course and field training manual must be completed by all corrections officers no later than 12 months from the date of employment in a certifiable position. (b) The prescribed basic…

259-008-0040 Period of Service (1) No person may be employed as a police officer, parole and probation officer, telecommunicator, emergency medical dispatcher, or regulatory specialist for more than 18 months unless that officer, telecommunicator, emergency medical dispatcher or …

259-008-0045 Education Credits (1) Credit for preservice or in-service college education will not be accepted in lieu of the Basic Course described in OAR 259-008-0025. (2) Education credits or college degrees submitted to the Department for inclusion on a public safety professio…

259-008-0060 Public Safety Officer Certification (1) Basic, Intermediate, and Advanced Certificates are awarded by the Department to law enforcement officers and telecommunicators meeting prescribed standards of training, education, and experience. Emergency medical dispatchers m…

259-008-0064 Maintenance of Certification for Telecommunicators and Emergency Medical Dispatchers (1) It is the responsibility of the Board to set the minimum standards for the maintenance of certification for currently employed and certified telecommunicators and emergency medic…