Oregon Administrative Code

259-013-0235 Refusal to Consent to a Criminal records Check If any subject individual refuses to consent to a criminal records check, or refuses to be fingerprinted when required, the Department may revoke or deny any application, license or certificate issued by the Department. …

259-013-0240 Oregon Criminal Records Check Process (1) Processing. (a) The Department will obtain criminal records information from the Oregon State Police Law Enforcement Data System and from other sources of criminal, judicial and motor vehicle information. (b) The Department w…

259-013-0250 National Criminal Records Check Process (1) National Criminal Records Check. In addition to an Oregon criminal records check (OAR 259-013- 0240), the Department may require a national criminal records check consistent with the requirements for licensure or certificat…

259-013-0260 Potentially Disqualifying Crimes A conviction of any of the following crimes is potentially disqualifying. The lists include offenses that are crimes and may include offenses that are classified as violations or infractions for purposes of eligibility for licensure o…

259-013-0270 Record Keeping, Confidentiality (1) LEDS Reports. (a) Confidentiality. All LEDS reports are confidential and must be maintained by the authorized designee in accordance with applicable Oregon State Police requirements in ORS Chapter 181A and these rules (NOTE: See OA…

259-013-0280 Immunity from Liability (1) The Department and its authorized designees have immunity from any civil liability that might otherwise be incurred or imposed for determining, in accordance with ORS 181A.400, that a subject individual may not obtain or maintain a license…

259-013-0290 Appeal Process (1) If an individual has been convicted of a potentially disqualifying crime, the Department will proceed in accordance with the relevant process for denial or revocation identified in either OAR 259-008-0070, 259-009-0070, 259-020-0200, 259-060-0300 o…

259-013-0300 Fees The Department may charge a subject individual or their employing agency a fee to recover the costs of administering a fingerprint check through the Oregon Department of State Police and Federal Bureau of Investigation. The fee will not exceed the actual cost to…

259-020-0005 Definitions (1) "Board" means the Board on Public Safety Standards and Training. (2) "Completed Examination" means an examination in which charts are recorded. (3) "Department" means the Department of Public Safety Standards and Training. (4) "Director" means the dir…

259-020-0100 Polygraph Examiner Responsibilities (1) A person may not administer polygraph examinations, advertise services, or assume any titles, words or abbreviations, including the title or designation of polygraph examiner or polygraph examiner trainee, that indicate the per…

259-020-0120 Minimum Standards for Licensure as a Polygraph Examiner (1) Age. A person must be at least 18 years of age to be licensed as polygraph examiner. (2) Citizenship. A person must be a citizen of the United States to be licensed as a polygraph examiner. (3) Education. Ap…

259-020-0130 Minimum Standards for Licensure as a Polygraph Examiner Trainee (1) Age. A person must be at least 18 years of age to be licensed as polygraph examiner trainee. (2) Citizenship. A person must be a citizen of the United States to be licensed as a polygraph examiner tr…

259-020-0140 Polygraph Examiner Trainee Internship (1) The purpose of this rule is to define the Board prescribed course of study for a person licensed as a polygraph examiner trainee. (2) The Board prescribed internship observations and reviews are not meant to be interpreted as…

259-020-0150 Examination for Licensure (1) Applicants must submit the examination fee prescribed by OAR 259-020-0220 prior to taking the exam. (2) The minimum passing score for the exam is 80%. (3) Applicants and polygraph examiner trainees are limited to three attempts to pass t…

259-020-0160 Continuing Education Requirements for Renewal of a Polygraph Examiner or Trainee License (1) In order to renew licensure as a polygraph examiner or trainee, a person must document current knowledge, skills or abilities as a polygraph examiner or trainee. Documentatio…

259-020-0170 Applications for Licensure / Applications for Renewal (1) An applicant for licensure as a polygraph examiner trainee must meet all minimum standards as described in OAR 259-020-0130. (2) An applicant for licensure as a polygraph examiner must meet all minimum standar…

259-020-0180 Period of Licensure / Expired Licenses (1) Polygraph examiner and polygraph examiner trainee licenses expire one year from the date of issuance. (2) Maximum Period for Licensure as a Polygraph Examiner Trainee. (a) A person may not be licensed as a polygraph examiner…

259-020-0190 Reciprocity (1) The Department may issue a license as a polygraph examiner in this State to a person who is licensed as a polygraph examiner by another state or territory of the United States, without an examination for licensure by the Department, if the person subm…

259-020-0200 Denial, Suspension or Revocation of Licensure (1) The Department may deny, suspend or revoke the license of any applicant, polygraph examiner or trainee after written notice, and a hearing if requested, upon finding that the applicant, polygraph examiner or trainee: …

259-020-0210 Polygraph Licensing Advisory Committee (1) The Department may appoint a polygraph licensing advisory committee whose function is to assist and advise the Department concerning the administration of the Act. (2) The advisory committee's duties may include, but are not…

259-020-0220 Fees and Payments (1) Payments. (a) The Department accepts business checks, money orders, cashier’s checks, and credit cards approved by the Department. Credit card payments may require submission of additional verification information as designated by the Department…

259-025-0000 Public Records Requests This rule applies to all public records for which the Department of Public Safety Standards and Training is the custodian. (1) Submission of a Records Request. A request to inspect or obtain copies of a public record of the Department must be …

259-030-0005 The Director of the Department of Public Safety Standards and Training This rule is adopted to further define the Department's existing express and implied statutory and Board-delegated authorities to ensure the safety and security of the Oregon Public Safety Academy…

259-059-0010 Definitions (1) “Applicant” means a private security entity, through an entity representative, applying for or renewing licensure to operate as a private security entity. (2) "Board" means the Board on Public Safety Standards and Training. (3) “Department” or “DPSST”…

259-059-0020 Private Security Entity License Required (1) Any person proposing to operate as a private security entity after January 1, 2024, must obtain a license or be issued a Temporary Authorization Form to provide private security services. (2) Private security entities must…

259-059-0030 Entity Representative Required / Entity Representative Responsibilities (1) Private security entities must designate an entity representative. (2) The entity representative must be the principal owner or principal partner who exercises operational control over the en…

259-059-0040 Period of Licensure / Temporary Authorization Form (1) A private security entity license is valid for one year unless the license is suspended or revoked. The licensing period is July 1 through June 30 of each year. Any license not renewed by June 30 will expire. (2)…

259-059-0050 Examination for Licensure (1) The applicant, through the entity representative, must successfully pass a qualifying examination (exam) for licensure. The purpose of the exam is to test the applicant’s knowledge of the private security entity’s responsibility to preve…

259-059-0060 Application for Licensure (1) Applications for licensure must be signed and submitted by the entity representative on behalf of the applicant. (2) To apply for a license or renew a license, the applicant must submit a completed application, including all required att…

259-059-0070 Fees and Payments (1) The Department charges the following fees: (a) Private Security Entity License Fee - $936. (b) Late Renewal Fee - $50. A late fee is required when the Department receives an application for renewal after June 30. (c) Duplicate or Replacement Lic…

259-059-0080 Character, Competence, and Reliability (1) To determine if a license will be issued or renewed, the Department must conduct an investigation of each applicant’s character, competence, and reliability, and any other matter related to the manner and method by which the…

259-059-0090 Private Security Equipment, Vehicles, Uniforms, and Titles (1) It is unlawful for a private security provider or an entity that employs private security providers to possess or use in the scope of employment equipment, vehicles, uniforms or titles that imply that the…

259-059-0095 Prohibited Entity Names (1) Private security entities are prohibited from using a name that implies that the private security entity is, or is affiliated with, an existing law enforcement unit or public safety agency as defined in ORS 181A.355, the organized militia …

259-059-0100 Designation of an Executive Manager (1) Private security entities must have a designated executive manager who is licensed by the Department under ORS 181A.870 and OAR Chapter 259 Division 60. (2) Private security entities may employ or contract with more than one ex…

259-059-0110 Required Policies Private security entities must demonstrate the existence of use of force and citizen arrest policies unless the private security entity exclusively monitors alarm systems. For the purposes of this rule, demonstration of the existence of these polici…

259-059-0120 General Liability Insurance (1) Private security entities must be covered by a general liability insurance policy that includes public liability, personal injury, and property damage insurance covering all aspects of the private security services being provided. (2) …

259-059-0130 Proof of Ability to Pay Wages (1) Private security entities must provide proof of financial ability to promptly pay the wages of executive managers, private security professionals, and supervisory managers employed by or who contract with the private security entity.…

259-059-0140 Firearms Qualifications, Qualification Records, and Notice Requirements (1) Private security entities employing armed private security professionals must ensure that each armed private security professional successfully completes a firearms qualification for each fir…

259-059-0150 Professional Workplace Training Requirements (1) Private security entities must provide the Professional Workplace Training Course to each private security provider. The Professional Workplace Training Course must be completed within the following timelines: (a) If t…

259-059-0160 Statement of Employee Rights and Remedies (1) Private security entities must provide a written statement of employee rights and remedies to each private security provider at the time of hiring. (2) The statement of employee rights and remedies must provide a plain la…

259-059-0170 Statement of Terms and Conditions of Employment (1) Private security entities must provide a written statement of terms and conditions of employment to each private security provider at the time of hiring. (2) The statement of terms and conditions of employment must …

259-059-0180 Statement of Earnings (1) Private security entities must provide each private security provider with a written itemized statement of earnings each time the private security provider receives a compensation payment from the private security entity. (2) The statement o…

259-059-0190 Change of Information Private security entities must notify the Department in writing within 10 business days if there are changes to: (1) The private security entity’s physical address, mailing address, phone number, or e-mail address. (2) The entity representative’…

259-059-0200 Records Retention (1) In addition to any records required under a separate rule, private security entities must maintain the following records for at least three years from the date a record reflecting or including such information is created: (a) The names and addre…

259-059-0300 Complaints (1) Any complaint or allegation made to the Department against an applicant or licensee must be submitted on a Department-approved complaint form before an investigation can be initiated unless the Department grants an exception. (2) A complainant must fil…

259-059-0310 Protesting Issuance of a License (1) Any person may protest the issuance, including renewal, of a license to any applicant. The protest may be made at any time after the license is issued as well as at any time prior to the issuance of the license. (2) Any person pro…

259-059-0400 Compliance (1) The Department may cause administrative proceedings or court action to be initiated to enforce a private security entity’s compliance with ORS 181A.840 to 181A.918 or OAR Chapter 259 Division 59. (2) Violations. The Department may find violation and re…

259-059-0410 Grounds to Deny, Refuse to Renew, Revoke, or Suspend a Private Security Entity License (1) The Department must deny, refuse to renew, revoke, or suspend a license when the Department finds that an applicant’s or licensee’s character, competence, or reliability are un…

259-059-0420 Department Review for Denial, Refusal to Renew, Revocation, or Suspension of a Private Security Entity License (1) When the Department receives information from any source that an applicant or licensee may not meet the established standards for private security entit…

259-059-0430 Surrender of a Private Security Entity License (1) A licensee may request the Department accept the surrender of the license. The request must be submitted in writing. (2) The license remains in effect until the Department accepts the surrender. (3) If the Department…