Oregon Administrative Code

259-008-0065 Maintenance of Law Enforcement Officer Certification (1) It is the responsibility of the Board to set the standards for law enforcement officer training and the maintenance of certification for currently employed and certified law enforcement officers. (a) While it i…

259-008-0067 Lapse and Expiration of Public Safety Professional Certifications (1) Law enforcement officer certifications lapse after a law enforcement officer has been separated from their certifiable position for a consecutive period greater than three months. (2) Telecommunica…

259-008-0075 Determinations of Eligibility to be a Candidate for Election to the Office of Sheriff (1) Persons seeking an eligibility determination to be a candidate for election to the office of sheriff must: (a) File a nominating petition or declaration of candidacy with the co…

259-008-0076 Eligibility Requirements for Police Chief (1) In addition to the minimum standards for employment and training as a law enforcement officer as described in OAR 259-008-0010 and 259-008-0025, a person accepting employment as a Police Chief must: (a) Be currently certi…

259-008-0078 Eligibility Requirements for Limited Duration, Administrative Positions (1) To be employed in a limited duration, administrative position, a person must: (a) Have been certified as a public safety officer in Oregon; (b) Have honorably retired or left a certifiable po…

259-008-0080 Instructors for Mandated Training (1) Definitions. For the purposes of this rule: (a) “Instructor” means an individual, including volunteer or loaned personnel, who is employed or utilized by DPSST or the Department of Corrections for the instruction of any portion o…

259-008-0085 Minimum Standards for Mandated Courses (1) Basic Police Course and Field Training. (a) The curriculum for the Basic Police Course is based on the course breakdown approved by the Board on October 27, 2022. (b) The Basic Police Course will consist of sufficient traini…

259-008-0090 Training Records (1) The Department maintains a DPSST training record for each currently employed Oregon public safety professional in order to document training that the public safety professional completed to meet the minimum requirements for certification and the …

259-008-0100 Miscellaneous Activities of the Board or Department (1) The Board or Department may make or encourage studies of any aspect of corrections, parole and probation, telecommunications, regulatory specialist, emergency medical dispatch, fire, or police administration, in…

259-008-0110 Prohibited Use of Force Training (1) “Prohibited use of force training” means the training of law enforcement officers or reserve officers to use physical force that impedes the normal breathing or circulation of the blood of another person by applying pressure on th…

259-008-0200 Civil Penalties (1) For purposes of this rule, “agency” means a law enforcement unit or public or private safety agency as defined in OAR 259-008-0005. (2) The Department may impose a civil penalty on any agency for any violation of ORS 181A.490, 181A.520, 181A.530 o…

259-008-0220 Sanctions, Generally (1) Information collected by the Department may be used as a basis for any sanction imposed. (2) The Department’s use of any one sanction does not preclude the imposition of any other sanction(s) for the same violation. (3) If the Department beli…

259-008-0250 Notice of Civil Penalty (1) Considerations. In determining the amount of a civil penalty the Department will consider: (a) Any prior violation of statute or rule by the agency; (b) The financial benefits, if any, realized by the agency as a result of the violation, s…

259-008-0290 Denial of Public Safety Professional Certifications for Pre-employment Criminal Dispositions (1) The Board has established moral fitness standards that it has determined are critical to upholding the public’s trust in the public safety profession, protecting the publ…

259-008-0300 Grounds for Denial, Revocation or Emergency Suspension of Public Safety Professional Certifications (1) The Board has established moral fitness standards that it has determined are critical to upholding the public’s trust in the public safety profession, protecting t…

259-008-0310 Denial/Revocation - Initiation and Review of a Professional Standards Case (1) When the Department receives information from any source that a certifiable public safety professional or an applicant may not meet the established standards for public safety professional…

259-008-0320 Scope of Denial/Revocation and Eligibility for Certification Following Denial/Revocation (1) When the Department denies or revokes public safety professional certifications pursuant to OAR 259-008-0290 through OAR 259-008-0340, the denial or revocation will encompass…

259-008-0330 Surrendering Certifications (1) A public safety professional may request that the Department accept the surrender of their public safety certifications. (2) In considering whether to accept the request to surrender public safety certifications, the Department may req…

259-008-0340 Issuance of Notice of Intent/Request for Hearing and Contested Case Procedures (1) Upon a determination to proceed with an emergency suspension or a denial or revocation, the Department will prepare and serve a Notice of Intent on the individual or public safety prof…

259-008-0400 Review of Complaints (1) The Department will review all complaints received to determine if the allegations contained in the complaint, if proven, would lead an objectively reasonable person to conclude that the public safety professional or applicant violated Board …

259-008-0500 Law Enforcement Agency Accreditation The Department designates the following bodies as accrediting bodies for the purpose of accrediting law enforcement agencies in this state: (1) The Northwest Accreditation Alliance; and (2) The Commission on Accreditation for Law …

259-008-0510 Law Enforcement Agency Best Practice Policies for Interacting with Persons Who Have Experienced Trauma (1) No later than January 1, 2024, a law enforcement agency that employs police officers must adopt best practice policies for interacting with persons who have exp…

259-009-0000 Policies and Objectives (1) The policies of the Board and Department in response to ORS 181A.365 are: (a) The Board and Department exist to develop talented individuals into public safety providers who are: (A) Culturally competent; (B) Ethically, physically and emot…

259-009-0005 Definitions (1) "Agency Head" means the chief officer of a fire service agency directly responsible for the administration of that unit. (2) "Authority Having Jurisdiction" or "AHJ" means a fire service agency, Agency Head or Training Officer. (3) "Board" means the B…

259-009-0010 Personnel Affiliation Forms and Use of Legal Name (1) When a fire service agency chooses to report a fire service professional’s utilization or employment by the fire service agency to DPSST, the fire service agency may submit either of the following affiliation form…

259-009-0015 Background Investigation (1) A background investigation must be conducted by a fire service agency on each individual being considered for employment or utilization as a fire service professional to determine if applicant is of good character. (2) The background inve…

259-009-0020 Waiver for Equivalent Training or Experience — Reciprocity (1) The Board or its designee may waive the completion of any course required by OAR 259-009-0062 upon presentation of documentary evidence by a fire service agency that the fire service professional has sati…

259-009-0025 College Education Credits (1) The Department will only recognize credits awarded by an accredited, degree-granting college or a university of post-secondary education, which is recognized by the Council for Higher Education (CHEA) or by the Council on Postsecondary A…

259-009-0035 Certificates Are Property of Department Certificates and awards are the property of the Department. The Department has the power to revoke or suspend any certificate or award as provided in the Act. Statutory/Other Authority: ORS 181A.410 Statutes/Other Implemented: …

259-009-0059 Minimum Standards for Certification as a Fire Service Professional (1) To be eligible for a DPSST fire certification, fire service professionals must: (a) Be utilized or employed by an Oregon fire service agency; (b) Be at least 18 years of age; (c) Have been fingerp…

259-009-0062 Fire Service Professional Certification (1) A fire service professional affiliated with an Oregon fire service agency may be certified by: (a) Satisfactorily completing the requirements specified in section (2) of this rule; (b) Through participation in a fire servic…

259-009-0063 Credit for Experience (1) A fire service professional with three years experience in a fire department may apply to be evaluated for certification based upon experience and accumulated knowledge. (2) A fire service professional may petition for credit for prior learn…

259-009-0065 Maintenance (1) Fire service professionals are required to successfully perform the essential functions for each certification they hold in order to maintain the certification. (2) The Fire Training Officer, or the Agency Head, is responsible for verifying completion…

259-009-0067 Lapsed Certification (1) All levels of certification of any fire service professional will be considered lapsed if the individual has not been utilized as such for more than 12 consecutive months. (2) A fire service professional whose certification has lapsed must ap…

259-009-0080 Certification of Instructors (1) The Department will certify instructors deemed qualified to teach in any of the certified training courses. (2) Instructors will be certified on the basis of minimum qualifications as established by the Department in areas of educatio…

259-009-0085 Certification of Courses and Classes (1) The Department will certify courses, and classes deemed adequate to effectively teach one or more approved fire subject(s) to fire service personnel. (2) Certification will be based on the evaluation of course curriculum or su…

259-009-0087 Accreditation of Fire Service Agency Training Programs (1) A fire service agency may request accreditation for a training program that is delivered by the fire service agency to meet the training requirements for a level of certification found in OAR 259-009-0062. (a…

259-009-0100 Miscellaneous Activities of the Board or Department (1) The Board or Department may make or encourage studies of any aspect of fire administration, including the stimulation of research by public and private agencies which will be designed to improve the Fire Protect…

259-009-0115 Surrendering Certifications (1) A fire service professional may request that the Department accept the surrender of their fire service professional certifications. The request must be submitted in writing. (2) The fire service professional will remain certified until…

259-009-0120 Grounds for Denial or Revocation (1) The Board recognizes the core values of integrity and professionalism as critical to upholding the public’s trust in the certification of fire service professionals, protecting the public, and ensuring that the conduct of a certif…

259-009-0125 Denial/Revocation - Initiation and Review of a Professional Standards Case (1) When the Department receives information from any source that a certified fire service professional or an applicant may not meet the established standards for fire service professional cer…

259-009-0130 Issuance of Notice of Intent, Request for Hearing and Contested Case Procedures (1) Upon a determination to proceed with a denial or revocation, the Department will prepare and serve a Notice of Intent on the fire service professional. (2) For discretionary professio…

259-012-0001 Definitions (1) “Academy” or “OPSA” means the Oregon Public Safety Academy. (2) “Board” means the Board on Public Safety Standards and Training. (3) “Department” or “DPSST” means the Department of Public Safety Standards and Training. (4) “Director” means the Directo…

259-012-0005 Use of OPSA Facilities (1) Use of the OPSA facilities is limited to meetings, trainings or events sponsored by non-profit public safety entities, public safety providers or associations representing the public safety community. (2) The Department may charge fees for …

259-012-0010 Standards of Student Conduct (1) Students attending mandated training courses at the Academy must adhere to the following standards of conduct: (a) Students must comply with the DPSST Student Rules and Regulations and any other rule or policy that the Department prov…

259-012-0035 Student Suspension or Dismissal from a Mandated Training Course (1) Suspensions. The Department may immediately suspend a student from a mandated training course when a situation requires immediate action to preserve the safety or integrity of the classroom or traini…

259-013-0000 Statement of Purpose and Statutory Authority (1) Purpose. The purpose of these rules is to establish the reasonable screening procedures for: (a) All public safety professionals; (b) Any individual who occupies a position requiring a license or certification or is un…

259-013-0005 Definitions As used in OAR chapter 259, division 013, unless the context of the rule requires otherwise, the following definitions apply: (1) “Approved” means that a criminal records check has been completed on an individual and the Department has not identified any …

259-013-0220 Individuals Subject to Criminal Records Checks The Department may require the fingerprints of: (1) A fire service professional; (2) A public safety professional; (3) A private security provider; (4) A private investigator; (5) A polygraph intern or general license ap…

259-013-0230 Criminal Records Check Required (1) Who Conducts Check. (a) The Department may request that the Department of State Police conduct a criminal records check on an individual. If a nationwide criminal records check of an individual is necessary, the Department may requ…