Oregon Administrative Code

259-080-0005 Oregon Fallen Law Enforcement Memorial (1) The Oregon Fallen Law Enforcement Memorial was established to honor law enforcement officers killed in the line of duty. (2) The Board on Public Safety Standards and Training (Board) designates the following public safety pe…

259-090-0010 Qualifications for the Law Enforcement Medal of Honor and the Law Enforcement Medal of Ultimate Sacrifice (1) The Governor’s Commission on the Law Enforcement Medal of Honor is responsible for establishing the qualifications for nomination as a recipient of the Law E…

265-001-0001 Model Rules of Procedure Pursuant to ORS 183.341, the Commission adopts the Attorney General’s Model Rules of Rulemaking under the Administrative Procedures Act as amended and effective March 1, 2022. Statutory/Other Authority: ORS 243.812 (12) Statutes/Other Impleme…

265-001-0005 Notice of Proposed Rules Prior to adoption, amendment or repeal of any permanent rule, the Commission shall give notice of the intended action: (1) In the Secretary of State's bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rul…

265-001-0010 Public Records Requests (1) A request to inspect or obtain copies of a public record or information from public records shall be made in writing and must include the following information: (a) Name, address, email address, and telephone number of the requester; and (…

265-005-0001 Definitions (1) “Assault” has the meaning given that term in ORS 163.115. (2) “Civilian or community oversight board, agency or review body” has the meaning given that term in ORS 243.812. (3) “Controlled Substance” has the meaning given that term in ORS 475.005. (4)…

265-005-0005 Application of Oregon Revised Statutes These rules are subject to the Oregon Revised Statutes, including but not limited to ORS 243.808, 236.350, and 243.706. Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 5-2022, adopt …

265-005-0010 Burden of Proof (1) For any collective bargaining agreement entered into or renewed on or after July 1, 2021, for all disciplinary actions imposed upon a law enforcement officer, a disciplining body has the burden to prove by a preponderance of evidence that the offi…

265-005-0015 Disciplinary Action for Misconduct Not Identified By These Rules Upon a finding of misconduct not specifically identified within these rules, a disciplining body may take disciplinary action pursuant to the employing law enforcement agency’s policies and practices so…

265-005-0020 Multiple Instances of Misconduct; Arbitrary and Capricious Discipline (1) For purposes of an arbitration proceeding concerning multiple instances of alleged misconduct by a law enforcement officer, if the arbitrator finds that a disciplining body has not met its burd…

265-005-0025 Incorporation of Rules All disciplining bodies shall adopt policies incorporating these rules. The failure of a disciplining body to adopt policies incorporating these rules does not impair the application of these rules. Statutory/Other Authority: ORS 243.812 Statut…

265-005-0030 Application of Aggravating and Mitigating Factors (1) A disciplining body shall impose the presumptive sanction required by these rules unless it finds that one or more of the aggravating or mitigating factors enumerated in OAR 265-015-0035 justifies a departure from…

265-010-0001 Sexual Assault A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct constituting an act of sexual assault: (1) The presumptive sanction shall …

265-010-0005 Sexual Harassment A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct constituting sexual harassment: (1) The presumptive sanction shall be d…

265-010-0010 Assault A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct constituting an act of intentional assault without justification: (1) The presump…

265-010-0015 Unjustified or Excessive Use of Physical or Deadly Force (1) A disciplining body shall impose upon a law enforcement officer disciplinary action of termination upon a finding that the officer engaged in misconduct constituting unjustified or excessive use of deadly p…

265-010-0020 Conduct that is Motivated by or Based on a Real or Perceived Factor of an Individual’s Race, Ethnicity, National Origin, Sex, Gender Identity, Sexual Orientation, Religion, or Homelessness (1) A disciplining body shall impose upon a law enforcement officer disciplina…

265-010-0025 Moral Character (1) For the purposes of this rule, lack of good moral character means conduct constituting: (a) A felony under state or federal law (b) Domestic violence (c) Stalking (d) A drug-related offense, except for offenses involving use or possession of marij…

265-010-0030 The Use of Drugs or Alcohol While on Duty (1) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the law enforcement officer engaged in misconduct by unlawfully using a contr…

265-010-0035 Aggravating and Mitigating Factors (1) Aggravating Factors: (a) Prior disciplinary history. (b) Delay in reporting. (c) Intentional conduct. (d) Significant impact upon the agency’s mission, reputation, or relationship with the community. (e) Significant nature and e…

274-001-0000 Notice of Proposed Rule Prior to the adoption, amendment, or repeal of any rule, the Director of Veterans' Affairs shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days p…

274-001-0005 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the Department of Veterans' Affairs adopts the Uniform and Model Rules of Procedure as contained in Appendix G of the "Attorney General's Administrative Law Manual and Uniform and Model Rules of Proc…

274-001-0010 Procurement Rules (1) The Oregon Department of Veterans’ Affairs will comply with the following as they relate to public contracting and procurement: (a) The Oregon Department of Administrative Services rules contained in OAR Chapter 125, Division 246 (General Provis…

274-006-0001 Purpose These rules provide for the Department of Veterans' Affairs (Department) acquisition of information about a subject individual's criminal history through criminal records checks and its use of that information to determine whether the individual is fit to pro…

274-006-0002 Definitions (1) "Criminal Offender Information" means records and related data concerning physical description and vital statistics, fingerprints received and compiled by the Oregon Department of State Police to identify criminal offenders and alleged offenders, reco…

274-006-0004 Subject Individual The Department may require a subject individual to complete a criminal records check pursuant to these rules because the person: (1)(a) Is applying for employment with the Department of Veterans’ Affairs in a position described in subsection (2) of…

274-006-0005 Criminal Records Check Process (1) When a Criminal Records Check is Required. The Department may conduct, or request the Oregon State Police to conduct, a criminal records check when: (a) An individual meets the definition of a subject individual; or (b) Required by …

274-006-0010 Hiring or Appointing on a Preliminary Basis (1) If the Department elects to conduct a criminal records check pursuant to these rules, the Department, in its sole discretion, may hire or appoint the subject individual on a preliminary basis pending completion of a cri…

274-006-0011 Final Fitness Determination (1) If the Department elects to conduct a criminal records check, the Department shall make a fitness determination about a subject individual based on information provided by the subject individual under OAR 274-006-0005, the criminal rec…

274-006-0012 Potentially Disqualifying Crimes (1) Crimes Relevant to a Fitness Determination: (a) All felonies; (b) All misdemeanors; (c) Any United States Military crime or international crime; (2) Evaluation of Crimes. The Department shall evaluate a crime on the basis of the l…

274-006-0013 Incomplete Fitness Determination (1) The Department will close a preliminary or final fitness determination as incomplete when: (a) Circumstances change so that a person no longer meets the definition of a "subject individual" under OAR 274-006-0004. (b) The subject …

274-006-0014 Notice to Subject Individual of Fitness Determination The Department shall inform the subject individual who has been determined not to be fit on the basis of a criminal records check, via personal service, or registered or certified mail to the most current address …

274-006-0015 Fees (1) The Department may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged the Department by the Oregon Department of State Police and the Fed…

274-006-0018 Appealing a Fitness Determination (1) Purpose. Sections (2) to (5) of this rule set forth the contested case hearing process a subject individual must use to appeal a completed fitness determination made under OAR 274-006-0010 that the individual is not fit to hold a…

274-006-0020 Recordkeeping Confidentiality Any information obtained in the criminal records check is confidential. The Department must restrict the dissemination of information obtained in the criminal records check. Only those persons, as identified by the Department, with a dem…

274-007-0001 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…

274-007-0002 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications (1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between this agency's employees, officials or emplo…

274-010-0100 Definitions for 274-010-0100 to 274-010-0175 As used in these regulations or any amendments to them, or in any blank form, document, publication, or written instrument of any kind prescribed, provided, published, issued, or used by the Director or any of his duly aut…

274-010-0105 Who May Apply for Educational Aid Any person who qualifies as a beneficiary under the provisions of ORS 408.010 is eligible to apply for educational aid. Statutory/Other Authority: ORS 408 Statutes/Other Implemented: ORS 408.010 - 408.030 History: DVA 9-1993, f. 9-13…

274-010-0115 Evidence Required to Establish Eligibility Eligibility Form 1004-M shall be submitted to the Department of Veterans' Affairs accompanied by: (1) Certified copy of evidence of separation. (2) Proof of current Oregon residence. (3) Proof of change in name: (a) Where ve…

274-010-0120 Applications (1) All applications for educational aid shall be made upon Form ED-1 (Application Form), and shall be filed with the head of the training institution involved. (2) Upon approval of training, the head of the institution shall forward the application to t…

274-010-0125 Evidence Required for Out-Of-State Attendance Where the applicant requests educational aid for out-of-state attendance, the following information, in addition to that required by OAR 274-010-0120, shall accompany the usual application, in order to satisfactorily show…

274-010-0130 Time for Filing Application (1) Applications shall be submitted promptly following registration, or prior thereto for the courses or training for which aid is requested. (2) Payments may be retroactive to the beginning of the school term only if the applicant provide…

274-010-0135 Additional Information and Evidence The Department of Veterans' Affairs may, in addition to the information and evidence specified in the application, instructions, or rules and regulations, require such additional information and evidence as he deems necessary to es…

274-010-0145 Computation of Payments The following factors shall be used in computing the amount payable to the beneficiary: (1) Length of service shall be computed in full months. (2) For each month of active military service, not exceeding 36 months, claimant shall be entitled …

274-010-0155 Approval to Receive Benefits (1) The Department of Veterans' Affairs shall determine the applicant’s eligibility to receive benefits. (2) The Department of Veterans' Affairs shall then determine: (a) That the institution of learning is accredited and qualified to pro…

274-010-0160 Reports by Executive Head of Educational Institution On or before the tenth day of each calendar month, the executive head of each institution of learning shall submit certified copies of Form 1006-M (Statement of Educational Aid), containing the following informatio…

274-010-0165 Lost, Stolen, or Destroyed Warrant If educational aid warrant is lost, stolen, or destroyed before negotiation, beneficiary may obtain payment of by furnishing to the State Treasurer evidence that value has not been received and an acceptable indemnity bond. Statutor…

274-010-0170 Addition, Amendment, or Repeal of Rules or Regulations These rules and regulations shall have the effect of law and shall be binding in all instances on persons making application for educational aid, under ORS 408.010 to 408.090, but if any part of these regulations…

274-010-0175 Procedure for Hearings (1) Any interested person may petition the director requesting the promulgation, amendment, or repeal of any rule. (a) Petition shall be in writing and shall set forth the requested change in detail; (b) Director shall set time for hearing and …