OAR Chapter 259 — Department of Public Safety Standards and Training

Division 1 RULEMAKING

Or. Admin. R. 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 least 21 days prior to the effective date of the rule;

(b) By mailing or e-mailing a copy of the notice to persons on the interested parties distribution list established by the Department of Public Safety Standards and Training pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule; and

(c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule.

(2) In recognition that the Department of Public Safety Standards and Training has administrative responsibility for multiple regulatory programs and in order to effectively provide notice to interested persons in accordance with subsection (1) (b) of this rule, the Department will maintain an interested parties distribution list for each rule division.

(3) A person, group, or entity that wants to be placed on a list to receive notices of adoption, amendment, or repeal of a permanent rule must make a request in writing or by electronic mail to the rules coordinator. The request must include either a mailing address or an electronic mail address where notices may be sent.

(4) The Department of Public Safety Standards and Training may update the interested parties distribution lists described in section (2) of this rule annually by requesting persons to confirm that they wish to remain on the mailing list. If a person does not respond to a request for confirmation within 28 days of the date the Department sends the request, the Department will remove the person from the mailing list. Any person removed from the mailing list will be immediately returned to the mailing list upon request, provided that the person provides a mailing address or e-mailing address to which notice may be sent.

History

Statutory/Other Authority: ORS 181A.410, ORS 181A.870, ORS 183.341, ORS 703.230 & ORS 703.480
Statutes/Other Implemented: ORS 181A.410, ORS 181A.870, ORS 183.341, ORS 703.230 & ORS 703.480
DPSST 48-2018, amend filed 04/27/2018, effective 04/27/2018
DPSST 11-2009, f. & cert. ef. 10-15-09
DPSST 2-2009, f. & cert. ef. 4-8-09
BPSST 3-1998, f. & cert. ef. 6-30-98
BPSST 1-1998, f. & cert. ef. 5-6-98
BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98
Reverted to PS 2-1995, f. & cert. ef. 9-27-95
PS 10-1997(Temp), f. & cert. ef. 11-5-97
PS 2-1995, f. & cert. ef. 9-27-95
PS 1-1990, f. & cert. ef. 2-7-90
PS 1-1983, f. & ef. 12-15-83
PS 12, f. & ef. 12-19-77

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 181A.410, ORS 181A.870, ORS 183.341, ORS 703.230 & ORS 703.480
Statutes/Other Implemented: ORS 181A.410, ORS 181A.870, ORS 183.341, ORS 703.230 & ORS 703.480
DPSST 48-2018, amend filed 04/27/2018, effective 04/27/2018
DPSST 23-2014, f. & cert. ef. 9-11-14
DPSST 4-2012, f. & cert. ef. 3-7-12
DPSST 13-2011, f. & cert. ef. 8-29-11
BPSST 9-2001, f. & cert. ef. 9-19-01
BPSST 3-1998, f. & cert. ef. 6-30-98
BPSST 1-1998, f. & cert. ef. 5-6-98
BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98
Reverted to PS 2-1997, f. 3-20-97, cert. ef. 3-25-97
PS 10-1997(Temp), f. & cert. ef. 11-5-97
PS 2-1997, f. 3-20-97, cert. ef. 3-25-97
PS 2-1995, f. & cert. ef. 9-27-95
PS 1-1990, f. & cert. ef. 2-7-90
PS 1-1983, f. & ef. 12-16-83
PS 2-1981, f. & ef. 12-18-81
PS 12, f. & ef. 12-19-77

Division 3 DECLARATORY RULINGS

Or. Admin. R. 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, 2014.

History

Statutory/Other Authority: ORS 181A.410, ORS 703.230, ORS 703.465 & ORS 181A.870
Statutes/Other Implemented: ORS 181A.410, ORS 703.230, ORS 703.470, ORS 181A.630, ORS 181A.640, ORS 181A.650, ORS 181A.870 & ORS 181A.880
DPSST 4-2018, minor correction filed 02/09/2018, effective 02/09/2018
DPSST 23-2014, f. & cert. ef. 9-11-14
DPSST 4-2012, f. & cert. ef. 3-7-12
DPSST 13-2011, f. & cert. ef. 8-29-11
BPSST 3-1998, f. & cert. ef. 6-30-98
BPSST 1-1998, f. & cert. ef. 5-6-98
BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98
Reverted to PS 2-1997, f. 3-20-97, cert. ef. 3-25-97
PS 10-1997(Temp), f. & cert. ef. 11-5-97
PS 2-1997, f. 3-20-97, cert. ef. 3-25-97
PS 1-1990, f. & cert. ef. 2-7-90
PS 1-1983, f. & ef. 12-15-83

Division 5 CONTESTED CASES

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 181A.410, ORS 181A.870, ORS 703.230 & ORS 703.465
Statutes/Other Implemented: ORS 181A.410, ORS 703.230, ORS 181A.630, ORS 181A.640, ORS 181A.650, ORS 181A.880 & ORS 703.470
DPSST 5-2018, minor correction filed 02/09/2018, effective 02/09/2018
DPSST 23-2014, f. & cert. ef. 9-11-14
DPSST 9-2013, f. & cert. ef. 4-1-13
DPSST 4-2012, f. & cert. ef. 3-7-12
DPSST 13-2011, f. & cert. ef. 8-29-11
BPSST 6-2000, f. & cert. ef. 9-29-00
BPSST 3-1998, f. & cert. ef. 6-30-98
BPSST 1-1998, f. & cert. ef. 5-6-98
BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98
Reverted to PS 2-1997, f. 3-20-97, cert. ef. 3-25-97
PS 10-1997(Temp), f. & cert. ef. 11-5-97
PS 2-1997, f. 3-20-97, cert. ef. 3-25-97
PS 2-1995, f. & cert. ef. 9-27-95
PS 1-1990, f. & cert. ef. 2-7-90
PS 1-1983, f. & ef. 12-15-83

Division 6 POLICY COMMITTEES

Or. Admin. R. 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;

(d) Telecommunications Policy Committee; and

(e) Private Security Policy Committee.

(2) The membership of each policy committee is defined by ORS 181A.375.

(3) Each policy committee must adhere to the statutory requirements for meetings, appointments and recommendations as defined by ORS 181A.375.

(4) The members of each policy committee must select a chairperson and vice chairperson for the policy committee. Only members of the policy committee who are also members of the board are eligible to serve as a chairperson or vice-chairperson. The vice-chairperson may act as chairperson in the absence of the chairperson.

(5) Each policy committee must adopt by-laws to set guidelines for the operation of the committee functions and the expectations of members.

(6) The past decisions of a policy or advisory committee will not dictate precedence for future policy committee decisions or recommendations.

History

Statutory/Other Authority: ORS 181A.410
Statutes/Other Implemented: ORS 181A.410 & ORS 181A.375
DPSST 22-2017, amend filed 12/29/2017, effective 01/01/2018
DPSST 4-2010, f. & cert. ef. 6-2-10
DPSST 5-2003, f. & cert. ef. 4-11-03
BPSST 6-2002, f. & cert. ef. 4-3-02
BPSST 10-2001(Temp), f. & cert. ef. 10-26-01 thru 4-5-02

Or. Admin. R. 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 Public Safety Standards and Training.

(b) "Department" means the Department of Public Safety Standards and Training.

(c) “Interest Form” means an application for consideration submitted by a person expressing interest in serving on a policy committee.

(3) Applying for an Appointment to a Policy Committee.

(a) An interest form must be submitted to the Department in order to be considered for an appointment to a policy committee.

(b) Any interested person may submit a completed interest form to the Department in order to apply for an appointment to a policy committee.

(d) Completed interest forms will be kept on file for a period of two years for future consideration. Interest forms will be destroyed after two years have elapsed from the date the form was received by the Department.

(e) The Department will acknowledge receipt of each completed interest form.

(4) Applicants may be subject to a background investigation to verify the person’s fitness to serve on a policy committee. Pursuant to ORS 236.030, no policy committee member subject to this rule may be a member of, or affiliated with, any organization that teaches or advocates the disruption of state or federal government.

(5) Vacancies.

(a) A vacancy exists when a policy committee member subject to this rule completes the term for that position; resigns; becomes incapacitated, or is otherwise incapable of performing the duties of a member; has been removed from the appointment for just cause; is not reappointed; is no longer employed in the position that the appointment represents; or is no longer affiliated with the association or organization that the appointment represents.

(b) Any vacancy subject to this rule will be filled in the same manner as an initial appointment.

(c) Unless otherwise defined by section (8), the Department will work in consultation with the employer, association or organization that the vacancy represents, as defined by ORS 181A.375, to identify a replacement member. The employer’s, association’s or organization’s recommendation will be forwarded to the Board chair for consideration and recommendation to the full Board.

(6) The Board’s decisions regarding an appointment to a policy committee are final and are not subject to appeal.

(7) The chairperson of the board may remove an appointed member for just cause.

(8) Appointments to a Policy Committee for Vacancies Not Representing an Employer, Association or Organization as Defined in ORS 181A.375.

(a) Appointment of a Public Member to a Policy Committee. Upon a vacancy, all interest forms and background information will be submitted to the Board chair for consideration. The Board chair will make a recommendation for appointment to the full Board for approval.

(b) Appointment of a Private Security Provider or Private Investigator to the Private Security Policy Committee (PSIPC). Upon a vacancy, all interest forms and background information will be submitted to the PSIPC chair and vice-chair for consideration. The PSIPC chair and vice-chair will make a recommendation for appointment to the full Board for approval.

History

Statutory/Other Authority: ORS 181A.410
Statutes/Other Implemented: ORS 181A.410 & ORS 181A.375
DPSST 22-2017, amend filed 12/29/2017, effective 01/01/2018
BPSST 6-2002, f. & cert. ef. 4-3-02
BPSST 10-2001(Temp), f. & cert. ef. 10-26-01 thru 4-5-02

Or. Admin. R. 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 applicant for DPSST training and certification and the professional standards case is based on a criminal disposition that occurred prior to employment in public safety.

(2) The Applicant Review Committee consists of:

(a) Two representatives from the Corrections Policy Committee;

(b) Two representatives from the Police Policy Committee;

(d) One representative from the Board.

(3) Appointments and Terms.

(a) The Board and each Policy Committee will nominate and appoint representatives to be members of the Applicant Review Committee.

(b) To be eligible for nomination to the Applicant Review Committee, the nominee must be a current member on the Board or the Policy Committee making the nomination.

(c) Nominees are appointed by a majority vote. The vote is conducted by the Board or the Policy Committee making the nomination.

(d) The term of an appointed member is one year. An appointed member may be appointed to a second term.

(e) If an appointed member’s term on the Board or a Policy Committee expires before their term on the Applicant Review Committee, the member may continue to serve the full duration of their current term on the Applicant Review Committee.

(4) The Applicant Review Committee will meet monthly or as needed.

(5) The Applicant Review Committee must adopt bylaws to set guidelines for the operation of the committee functions and the expectations of members.

History

Statutory/Other Authority: ORS 181A.410
Statutes/Other Implemented: ORS 181A.410 & 181A.365
DPSST 8-2025, amend filed 10/23/2025, effective 11/01/2025
DPSST 30-2020, adopt filed 10/22/2020, effective 11/01/2020

Division 7 PUBLIC CONTRACTING AND PROCUREMENT

Or. Admin. R. 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 section, DPSST adopts the following Attorney General Model Rules:

(a) OAR 137-046-0100 through 137-046-0480 in effect as of October 1, 2023;

(b) OAR 137-047-0000 through 137-047-0810 in effect as of October 1, 2023;

(d) OAR 137-049-0100 through 137-049-0910 in effect as of October 1, 2023, as it pertains to Public Contracts for ordinary construction Services that are not Public Improvement.

(2) OAR Chapter 125 Divisions 246, 247, 248, and 249, apply to:

(a) Procurements of Goods and Services for DPSST that DPSST elects to conduct under OAR 125-247-0288 (Special Procurements; by Rule);

(b) Procurements of Goods and Services not otherwise specified in this rule;

(c) Intergovernmental and interagency agreements, but only to the extent they are specifically governed by OAR Chapter 125 Divisions 246, 247, 248, and 249;

(d) Procurement of Public Improvement; and

(e) Procurements of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services and Related Services.

(3) In the event a conflict arises between OAR Chapter 259 Division 7 and OAR Chapter 137 Division 46, the conflict will be resolved in the following order of precedence:

(a) The Public Contracting Code, ORS 279A, 279B, and 279C;

(b) OAR Chapter 259 Division 007;

(4) OAR Chapter 259 Division 7 applies to Procurements that DPSST first advertises or otherwise solicits on or after October 1, 2023, or, if DPSST does not advertise or solicit the Procurement, to Contracts that DPSST enters into on or after October 1, 2023.

(5) For the convenience of the user, OAR 259-007-0050 through OAR 259-007-0070 provide pointer rules pertaining to preferences. OAR 259-007-0120 provides pointer rules pertaining to protests.

History

Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070
Statutes/Other Implemented: ORS 181A.410, ORS 279A.050 & ORS 279A.065
DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070
Statutes/Other Implemented: ORS 279A.065 & ORS 279A.070
DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023

Or. Admin. R. 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 accepts a delegation, DAS will process the delegated Procurement under OAR Chapter 125, Divisions 246, 247, 248, and 249. The DPSST Designated Procurement Officer may at any time rescind any Written delegation issued under this rule.

History

Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065, ORS 279A.070 & ORS 279A.075
Statutes/Other Implemented: ORS 279A.065, ORS 279A.070 & ORS 279A.075
DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023

Or. Admin. R. 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).

History

Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065, ORS 279A.070 & ORS 279A.100
Statutes/Other Implemented: ORS 279A.065, ORS 279A.070 & ORS 279A.100
DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 181A.410, ORS 279A.050 & ORS 279A.120
Statutes/Other Implemented: ORS 279A.120
DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 181A.410, ORS 279A.050 & ORS 279A.128
Statutes/Other Implemented: ORS 279A.128
DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 181A.410, ORS 279A.050 & ORS 279A.125
Statutes/Other Implemented: ORS 279A.125
DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023

Or. Admin. R. 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 contractor.

(3) An Independent Contractor certification must be completed for each Independent Contractor and included as a provision in each Contract.

(4) If the nature of the Services or project is such that an employee/employer relationship exists or will likely exist, DPSST will hire the individual through normal personnel procedures.

(5) All Contracts must include the Independent Contractor’s legal name and address. The Contractor must provide DPSST its federal Employer Identification Number (EIN) or Social Security Number (SSN), as applicable.

(6) All Contracts must provide that the Independent Contractor is responsible for federal Social Security, except those categories excluded by law, and for any federal or state taxes applicable to the Contract payment.

(7) Violation of this administrative rule may result in DPSST withdrawing an intent to Award a Contract, or termination of an existing Contract.

History

Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070
Statutes/Other Implemented: ORS 279A.065 & ORS 279A.070
DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023

Or. Admin. R. 259-007-0090 Fragmentation

A Procurement may not be artificially divided or fragmented for the purpose of restricting competition or circumventing a legal requirement.

History

Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070
Statutes/Other Implemented: ORS 279A.065 & ORS 279A.070
DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023

Or. Admin. R. 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 electronic methods if and to the extent DPSST specifies in the Written instructions of a Solicitation Document how to participate in the Procurement.

(b) DPSST must open Electronic Offers in accordance with electronic security measures in effect at the time of its receipt of the Electronic Offer.

(c) DPSST may use electronic or digital Signatures in issuing, awarding, or executing any Solicitation, Procurement or Contract. DPSST’s use of electronic or digital Signatures must be consistent with all applicable statutes and rules.

(d) If DPSST determines that Proposal security is or will be required, DPSST must not authorize Electronic Offers unless it has established methods for receipt of such security.

(2) Receipt of Electronic Offers.

(a) If DPSST requires Electronic Offers in a Solicitation Document, the Offeror must submit an Electronic Offer in accordance with the Solicitation Document. DPSST must not consider Electronic Offers unless authorized by the Solicitation Document.

(b) When DPSST conducts an electronic Procurement, all Electronic Offers must be submitted by the date and time identified in the Solicitation Document.

(c) A Person may withdraw an Electronic Offer at any time prior to the specified date and time in accordance with the Solicitation Document.

(3) Failure of the Electronic Procurement System. In the event of a failure of an Electronic Procurement System or electronic mail system that interferes with the ability of Persons to submit Electronic Offers, to protest or to otherwise participate in the Procurement, DPSST may cancel the Procurement or may extend the date and time for receipt of Electronic Offers by providing notice of the extension immediately after the Electronic Procurement System or electronic mail system becomes available.

History

Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070
Statutes/Other Implemented: ORS 279A.065 & ORS 279A.070
DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023

Or. Admin. R. 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 a Contract awarded as a small or intermediate Procurement pursuant to section (2) of this rule, provided that the total increase in price does not exceed the amount set forth in OAR 137-047-0265 for small Procurements or OAR 137-047-0270 for intermediate Procurements.

(4) Price Agreements. DPSST may amend a Price Agreement as follows:

(a) As permitted by the Price Agreement;

(b) For Price Agreements subject to ORS Chapter 279B, if the circumstances set forth in ORS 279B.140(2) exist; or

History

Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070
Statutes/Other Implemented: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070
DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070
Statutes/Other Implemented: ORS 279A.065 & ORS 279A.070
DPSST 7-2023, adopt filed 09/18/2023, effective 10/01/2023

Or. Admin. R. 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 that DPSST has federal authorization to purchase through the program and follows the procedures set forth in this rule.

(2) The federal programs named in ORS 279A.180 are accessible to DPSST for purchasing goods or services. DPSST hereby makes the determination according to ORS 279A.180 that the Local Preparedness Acquisition Act (Public Law 110-248), the GSA Order of 2000, and any subsequent revisions or updating of either of these programs describe other federal programs that, under federal law, are similar to 10 U.S.C. 381 or Section 211 of the Electronic Government Act of 2002 in effectuating or promoting transfers of property to DPSST.

(3) To purchase through a federal program, DPSST must document the following in the procurement file:

(a) The federal authority for DPSST to purchase through the federal program;

(b) The acquisition meets DPSST's needs;

(d) No other price agreement for the goods or services exists based on DPSST's inquiry through OregonBuys or other applicable electronic procurement system;

(e) DPSST has considered the acquisition's impact upon local business as follows:

(A) If the procurement is in excess of $10,000, DPSST has given timely notice through OregonBuys, or other applicable electronic procurement system, of its needs, reasons, and intent to procure through a federal program;

(B) DPSST has provided a reasonable time period under the circumstances for individuals to respond to the notice and send written comments to DPSST; and

(C) DPSST has considered any comments and replied, if appropriate, before proceeding with its procurement through a federal program. This rule provides for an informal opportunity to comment to and be considered by DPSST, instead of the formal notice requirements for solicitations in excess of $10,000 according to ORS 200.035.

(f) State and local preference programs, including but not limited to Inmate Labor in accordance with the Oregon Constitution, Article I, Section 41 and Products of Disabled Individuals Program of ORS 279.835 to 850, are not waived or otherwise adversely affected by an acquisition through a federal program;

(g) DPSST has complied with OAR 137-045-0010 to 137-045-0090, and if it is required, obtained a legal sufficiency review or exemption from the Department of Justice; and

(h) DPSST is informed of its federal program's procurement process, including:

(A) Voluntary and Direct Contract. DPSST and contractors participate voluntarily. The contractors make direct deliveries to DPSST and retain the right to decline orders on a case-by-case basis, for any reason, within a five-day period of receipt of that order;

(B) Funding Fee. The price of a federal program contract includes a GSA industrial funding fee to cover GSA administrative costs to operate the federal program;

(C) New Contract. When a contractor accepts an order from DPSST, a new contract is formed. The contract's terms and conditions are incorporated by reference; and

(D) Additional Terms and Conditions. DPSST may add to its contract such significant, substantial contract terms and conditions as are required by State statutes or rules, if such additions do not conflict with the federal program's contract terms and conditions. Examples of such terms and conditions include, but are not limited to:

(i) Prompt Payment. DPSST may apply the terms and conditions of Oregon's prompt payment law to its contracts, but if DPSST fails to make this addition, then DPSST may be subject to the Federal Prompt Payment Act, 31 U.S.C. sec. 3901 et seq., as implemented at subpart 32.9 of the Federal Acquisition Regulation (FAR);

(ii) Commercial Terms. Patent indemnity and other commercial terms and conditions may be added if they do not conflict with the federal program's terms and conditions; and

(iii) Conflict Resolution. DPSST may revise the contract's dispute resolution provision to use alternative dispute resolution to the extent authorized by law.

History

Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065, ORS 279A.070 & ORS 279A.180
Statutes/Other Implemented: ORS 181A.410, ORS 279A.065, ORS 279A.070 & ORS 279A.180
DPSST 2-2024, amend filed 03/18/2024, effective 03/18/2024
DPSST 7-2023, amend filed 09/18/2023, effective 10/01/2023
DPSST 26-2020, adopt filed 10/22/2020, effective 11/01/2020
DPSST 16-2020, temporary adopt filed 08/20/2020, effective 08/20/2020 through 02/15/2021

Division 8 CRIMINAL JUSTICE EMPLOYMENT, TRAINING AND CERTIFICATION

Or. Admin. R. 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 and emotionally fit; and

(b) The Board and Department will promote the safety, efficiency, effectiveness, self-sufficiency and competence of public safety agencies and professionals.

(c) The Board and Department will encourage participation among public and private security, law enforcement, telecommunications and corrections organizations, the related organizations with whom they work as well as the interests of the communities they serve.

(d) The Board and Department will work together on matters related to public safety standards, training and certification.

(e) The Board may adopt or approve any policy, standard or minimum requirement related to public safety certifications and training.

(f) The Department may administer operations and procedures and implement or apply the policies and standards of the Board.

(g) The Department is a full department of the state.

(2) The objectives of the Board and Department are:

(a) To improve public safety services in Oregon by raising the level of competence of public safety personnel and their support staffs:

(A) By setting minimum standards for all levels of career development in areas such as employment; promotion; education; physical, emotional, intellectual, and moral fitness; and any other matter that relates to the competence and reliability of a person seeking employment or promotion within public safety.

(B) By setting minimum standards for training and certifying public safety personnel for all levels of professional development, basic through executive;

(b) To conduct and stimulate research to improve the police, fire service, corrections, adult parole and probation, emergency medical dispatch and telecommunicator professions.

History

Statutory/Other Authority: ORS 181A.410 & ORS 181A.365
Statutes/Other Implemented: ORS 181A.410 & ORS 181A.365
DPSST 30-2018, minor correction filed 02/21/2018, effective 02/21/2018
DPSST 11-2015, f. 6-23-15, cert. ef. 7-1-15
DPSST 14-2009, f. & cert. ef. 12-15-09
BPSST 22-2002, f. & cert. ef. 11-18-02
BPSST 3-1998, f. & cert. ef. 6-30-98
BPSST 1-1998, f. & cert. ef. 5-6-98
BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98
Reverted to PS 2-1995, f. & cert. ef. 9-27-95
PS 10-1997(Temp), f. & cert. ef. 11-5-97
PS 2-1995, f. & cert. ef. 9-27-95
Renumbered from 259-010-0000, PS 1-1990, f. & cert. ef. 2-7-90
PS 1-1983, f. & ef. 12-15-83
PS 1-1979, f. 10-1-79, ef. 10-3-79
PS 12, f. & ef. 12-19-77

Or. Admin. R. 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 employed in the first position subordinate to a Department Head who is primarily responsible for supervision of middle managers and supervisors.

(3) "Board" means the Board on Public Safety Standards and Training.

(4) "Casual employment" means employment that is occasional, irregular, or incidental for which the employee does not receive seniority rights or fringe benefits.

(5) "Certified Reserve Officer" means a reserve officer who has been designated by a local law enforcement unit, has received training necessary for certification and has met the minimum standards and training requirements established under ORS 181A.410.

(6) "Commissioned" means being authorized to perform various acts or duties of a police officer, certified reserve officer or reserve officer and acting under the supervision and responsibility of a county sheriff or as otherwise provided by law.

(7) "Community College" means a public institution operated by a community college district for the purpose of providing courses of study limited to not more than two years full-time attendance and designed to meet the needs of a geographical area by providing educational services, including, but not limited to, vocational or technical education programs or lower division collegiate programs.

(8) "Corrections Officer" means an officer or member employed full-time by a law enforcement unit who:

(a) Is charged with and primarily performs the duty of custody, control or supervision of individuals convicted of or arrested for a criminal offense and confined in a place of incarceration or detention other than a place used exclusively for incarceration or detention of juveniles;

(b) Has been certified as a corrections officer described in paragraph (a) of this subsection and has supervisory or management authority for corrections officers described in paragraph (a) of this subsection; or

(c) Is any full-time employee of the Department who possesses the requisite qualifications and is so certified pursuant to ORS 181A.570.

(9) “Criminal Disposition” means a conviction, violation, adjudication, civil compromise, an entered plea of guilty or no contest, or a finding of guilty except for insanity or its equivalent for any violation of a criminal law under the law of the jurisdiction where the criminal disposition occurred.

(10) "Department" and “DPSST” means the Department of Public Safety Standards and Training.

(11) "Department Head" means the chief of police, sheriff, superintendent or chief executive of a law enforcement unit or a public or private safety agency directly responsible for the administration of that unit or agency.

(12) "Director" means the Director of the Department of Public Safety Standards and Training.

(13) "Educational Credits" are credits earned for studies satisfactorily completed at an accredited post-secondary education institution recognized under OAR 259-008-0045.

(14) "Emergency Medical Dispatcher" means a person who has responsibility to process requests for medical assistance from the public or to dispatch medical care providers.

(15) "First-Level Supervisor" means a public safety officer employed in a position between the operational level and the middle manager, who is primarily responsible for the direct supervision of subordinates. A first level supervisor position does not include a position with limited or acting supervisory responsibilities.

(16) "Full-time employment" means the employment of a person who has the responsibility for, and is paid to perform the duties of a public safety professional for more than 80 hours per month for a period of more than 90 consecutive calendar days. For purposes of this rule, any employment that meets the definition of seasonal, casual, or temporary employment is not considered full-time employment as a public safety professional.

(17) "High School" is a school accredited as a high school by the Oregon Department of Education, a school accredited as a high school by the recognized regional accrediting body, or a school accredited as a high school by the state university of the state in which the high school is located.

(18) “Jurisdiction” means any tribunal with authority to render a criminal disposition, including but not limited to municipal, state, federal including military, tribal tribunals, and any tribunal outside the United States or a United States owned territory where a criminal offense must be proven beyond a reasonable doubt.

(19) "Law Enforcement Officers" means police, corrections, parole and probation officers and regulatory specialists as described in the Public Safety Standards and Training Act.

(20) "Law Enforcement Unit" means:

(a) A police force or organization of the state, a city, university that has established a police department under ORS 352.121 or 353.125, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, tribal government as defined in ORS 181A.680 that employs authorized tribal police officers as defined in ORS 181A.680, the Criminal Justice Division of the Department of Justice, the Department of Corrections, the Oregon State Lottery Commission, the Marshal's Office of the Judicial Department or common carrier railroad the primary duty of which, as prescribed by law, ordinance or directive, is any one or more of the following:

(A) Detecting crime and enforcing the criminal laws of this state or laws or ordinances relating to airport security;

(B) The custody, control or supervision of individuals convicted of or arrested for a criminal offense and confined to a place of incarceration or detention other than a place used exclusively for incarceration or detention of juveniles; or

(C) The control, supervision and reformation of adult offenders placed on parole or sentenced to probation and investigation of adult offenders on parole or probation or being considered for parole or probation;

(b) A police force or organization of a private entity with a population of more than 1,000 residents in an unincorporated area the employees of which are commissioned by a county sheriff;

(d) The Oregon Liquor and Cannabis Commission with regard to regulatory specialists; or

(e) A humane investigation agency as defined in ORS 181A.340.

(21) "Leave" means an authorized absence granted to a public safety professional by their employing public or private safety agency.

(22) “Limited Duration, Administrative Position” means a non-elected, certifiable public safety position where the primary duties relate to the administration, operation, and accountability of a public safety agency, including, but not limited to, the responsibility for command assignments and the supervision of subordinate managers.

(a) Primary duties are regular or recurring supervisory or managerial duties that are performed in a continuous manner and are the foundation of a limited duration, administrative position.

(b) Non-supervisory or non-managerial public safety duties, such as patrol, criminal investigations, or enforcement actions are not primary duties of a limited duration, administrative position.

(23) "Middle Manager" means a public safety officer working in a position that is between a first-level supervisor and a department head, who is primarily responsible for management and command duties. A middle manager position does not include a position with limited or acting middle management duties.

(24) “Multi-disciplined Officer” or “Multi-discipline Certified” means a law enforcement officer, telecommunicator or emergency medical dispatcher who is employed by one public safety agency in more than one discipline for employment and certification purposes that support the efficient operation of the employing agency.

(25) "Part-time Employment" means the employment of a person who has the responsibility for, and is paid to perform the duties of a public safety professional for 80 hours or less per month for a period of more than 90 consecutive calendar days.

(26) "Parole and Probation Officer" means:

(a) An officer who is employed full-time by the Department of Corrections, a county or a court and who is charged with and performs the duty of:

(A) Community protection by controlling, investigating, supervising and providing or making referrals to reformative services for adult parolees or probationers or offenders on post-prison supervision; or

(B) Investigating adult offenders on parole or probation or being considered for parole or probation;

(b) An officer who:

(A) Is certified and has been employed as a full-time parole and probation officer for more than one year;

(B) Is employed part-time by the Department of Corrections, a county or a court; and

(i) Community protection by controlling, investigating, supervising and providing or making referrals to reformative services for adult parolees or probationers or offenders on post-prison supervision; or

(ii) Investigating adult offenders on parole or probation or being considered for parole or probation;

(c) An officer who is certified as a parole and probation officer and is employed full-time by the State Board of Parole and Post-Prison Supervision; or

(d) A full-time employee of the Department who possesses requisite qualifications and is so certified pursuant to ORS 181A.570.

(27) "Police Officer" means:

(a) An officer, member or employee of a law enforcement unit employed full-time as a peace officer who is:

(A) Commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, tribal government as defined in ORS 181A.680, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission, a university that has established a police department under ORS 352.121 or 353.125, the Governor or the Department of State Police; and

(B) Responsible for enforcing the criminal laws of this state or laws or ordinances relating to airport security;

(b) An investigator of a district attorney’s office if the investigator is or has been certified as a peace officer in this or another state;

(d) A judicial marshal appointed under ORS 1.177 who is trained pursuant to ORS 181A.540;

(e) An authorized tribal police officer as defined in ORS 181A.680; or

(f) Any full-time employee of the Department who possesses the requisite qualifications and is so certified pursuant to ORS 181A.570.

(28) “Primary Discipline” means the discipline specified by the employing agency as the discipline that a public safety officer is assigned to for the majority of their employment functions or duties when a public safety officer is employed and certified as a multi-disciplined officer.

(29) "Public or private safety agency" means:

(a) A law enforcement unit; or

(b) A unit of state or local government, a special purpose district or a private firm that provides, or has authority to provide, police, ambulance or emergency medical services.

(30) “Public Safety Professional”, “Public Safety Personnel” and “Public Safety Officer” include corrections officers, emergency medical dispatchers, parole and probation officers, police officers, certified reserve officers, reserve officers, telecommunicators and regulatory specialists.

(31) "Regulations" mean written directives established by the Department or its designated staff describing training activities and student procedures at the Oregon Public Safety Academy.

(32) “Regulatory Specialist” means a full-time employee of the Oregon Liquor and Cannabis Commission (OLCC) who is authorized to act as an agent of the OLCC in conducting inspections or investigations, making arrests and seizures, aiding in prosecutions for offenses, issuing citations for violations and otherwise enforcing ORS Chapter 471, ORS 474.005 to 474.095, 474.115, 475B.010 to 475B.545, 475B.550 to 475B.590 and 475B.600 to 475B.655, OLCC rules and any other statutes the OLCC considers related to regulating liquor, marijuana or marijuana-derived products.

(33) "Reimbursement" is the money allocated from the Police Standards and Training Account, established by ORS 181A.665, to a law enforcement unit meeting the requirements of these regulations to defray the costs of officer salaries, relief duty assignments, and other expenses incurred while officers attend approved training courses certified by the Department.

(34) "Reserve Officer" means an officer or member of a law enforcement unit who is:

(a) A volunteer or employed less than full time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, tribal government as defined in ORS 181A.680, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission, a university that has established a police department under ORS 352.121 or 353.125, the Governor or the Department of State Police;

(b) Armed with a firearm; and

(c) Responsible for enforcing the criminal laws and traffic laws of this state or laws or ordinances relating to airport security.

(35) "Seasonal Employment" means employment that can be carried on only at certain seasons or fairly definite portions of the year, with defined starting and ending dates based on a seasonally determined need.

(36) "Staff" means those employees occupying full-time, part-time, or temporary positions with the Department.

(37) "Telecommunicator" means:

(a) A person employed as an emergency communications worker as defined in ORS 243.736 or a public safety dispatcher whose primary duties are receiving, processing and transmitting public safety information received through the emergency communications system as defined in ORS 403.105; or

(b) A full-time employee of the Department who possesses the requisite qualifications and is so certified pursuant to ORS 181A.570.

(38) "Temporary employment" means employment that lasts no more than 90 consecutive calendar days and is not permanent.

(39) "The Act" refers to the Public Safety Standards and Training Act (ORS 181A.355 to 181A.670).

(40) "Waiver" means to refrain from pressing or enforcing a rule.

History

Statutory/Other Authority: ORS 181A.410
Statutes/Other Implemented: ORS 181A.410
DPSST 17-2021, amend filed 09/03/2021, effective 09/10/2021
DPSST 15-2020, amend filed 05/04/2020, effective 05/15/2020
DPSST 5-2020, amend filed 02/10/2020, effective 05/01/2020
DPSST 7-2019, amend filed 07/26/2019, effective 08/01/2019
DPSST 49-2018, minor correction filed 05/16/2018, effective 05/16/2018
DPSST 46-2018, amend filed 04/27/2018, effective 05/01/2018
DPSST 14-2017, f. 7-28-17, cert. ef. 8-1-17
DPSST 4-2016, f. 3-22-16, cert. ef. 4-1-16
DPSST 18-2015, f. 12-22-15, cert. ef. 1-1-16
DPSST 11-2015, f. 6-23-15, cert. ef. 7-1-15
DPSST 7-2015, f. & cert. ef. 3-24-15
DPSST 5-2014, f. & cert. ef. 1-29-14
DPSST 1-2014, f. & cert. ef. 1-2-14
DPSST 31-2012, f. & cert. ef. 12-27-12
DPSST 24-2012, f. & cert. ef. 10-26-12
DPSST 6-2012, f. & cert. ef. 3-27-12
DPSST 7-2010, f. 7-15-10, cert. ef. 8-1-10
DPSST 12-2006, f. & cert. ef. 10-13-06
DPSST 3-2007, f. & cert. ef. 1-12-07
DPSST 5-2004, f. & cert. ef. 4-23-04
BPSST 22-2002, f. & cert. ef. 11-18-02
BPSST 11-2000, f. 11-13-00, cert. ef. 11-15-00
BPSST 7-2000, f. & cert. ef. 9-29-00
BPSST 3-1998, f. & cert. ef. 6-30-98
BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98
BPSST 1-1998, f. & cert. ef. 5-6-98
Reverted to PS 3-1997, f. 3-20-97, cert. ef. 3-25-97
PS 10-1997(Temp), f. & cert. ef. 11-5-97
PS 3-1997, f. 3-20-97, cert. ef. 3-25-97
PS 2-1996, f. 5-15-96, cert. ef. 5-20-96
PS 2-1995, f. & cert. ef. 9-27-95
Renumbered from 259-010-0010, PS 1-1990, f. & cert. ef. 2-7-90
PS 1-1985, f. & ef. 4-24-85
PS 1-1983, f. & ef. 12-15-83
PS 1-1979, f. 10-1-79, ef. 10-3-79
PS 12, f. & ef. 12-19-77

Or. Admin. R. 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 legally admitted to the United States under a Compact of Free Association.

(b) A person may not be employed as a police officer or a parole and probation officer for more than 18 months unless the person is a citizen of the United States or a nonimmigrant legally admitted to the United States under a Compact of Free Association.

(c) A person may not be employed as a regulatory specialist for more than 18 months unless the person is a citizen of the United States.

(d) The citizenship requirement found in (c) does not apply to a person employed as a regulatory specialist on March 16, 2012, who continues full-time employment as a regulatory specialist without a lapse.

(2) Age. No law enforcement unit in this state may employ or utilize any person under the age of 21 years as a police officer, corrections officer, parole and probation officer, regulatory specialist, or reserve officer.

(3) Background Investigation. A person may not be employed as a law enforcement officer or utilized as a reserve officer without a background investigation completed in accordance with OAR 259-008-0015.

(4) Fingerprints. Within 90 days of the date of employment in a certifiable position, each law enforcement officer must be fingerprinted on a standard applicant fingerprint card.

(a) The hiring agency is responsible for fingerprinting and must forward one card to the Oregon State Police Identification Services Section for processing and the assignment of an identification number.

(b) If any procedural change is made by either the Federal Bureau of Investigation or the Oregon State Police Identification Services Section, the Department must comply with the most current requirements.

(c) Applications for certification will not be processed until an applicant’s fingerprints have cleared Oregon State Police Identification Services.

(5) Notification of Arrest or Criminal Citation to Appear. A law enforcement officer who is arrested, or receives a criminal citation to appear or its equivalent, for any offense punishable as a crime must notify the Department within five business days. Notification must be in writing and include the date of the arrest or citation, the location of the arrest or citation, the reason for the arrest or citation and the arresting or citing agency.

(6) Moral Fitness. All law enforcement officers must meet moral fitness standards for certification. The moral fitness standards defined in OAR 259-008-0290 and OAR 259-008-0300 apply to law enforcement officers who are employed in a certifiable position but not yet certified, currently certified law enforcement officers and law enforcement officers with lapsed certification.

(7) Education:

(a) Applicants for the position of a law enforcement officer will be required to furnish documentary evidence of one of the following:

(A) High School diploma;

(B) Successful completion of the General Educational Development (GED) Test; or

(C) A four-year, post-secondary degree issued by an accredited, degree-granting college or university recognized by the Oregon Office of Degree Authorization under the provisions of ORS 348.604.

(i) For the purpose of determining high school graduation level as required by these rules, the applicant must have achieved a score no less than that required by the Oregon Board of Education before issuing an Oregon GED certificate.

(ii) Applicants holding a GED from another state may be required to obtain an Oregon certificate at the discretion of the Department.

(b) Evidence of the above must consist of official transcripts, diplomas, or GED test report forms. Other documentation may be accepted, at the discretion of the Department.

(c) Academic Proficiency Standard. Before beginning basic training or beginning the career officer development course, each applicant must provide evidence to DPSST that the applicant possesses the academic tools necessary to successfully complete basic training.

(A) The hiring agency is responsible for ensuring a law enforcement proficiency test or validated written test designed to evaluate predictors of job-related skills and behaviors has been administered. The hiring agency must verify the completion of the test and report the date of completion to the Department on a Form F-5 (Application for Training) prior to the applicant being admitted to basic training.

(B) Individuals submitting transcripts verifying that they possess at least a four-year academic degree from an institution recognized by the Department under the provisions of OAR 259-008-0045 are exempt from this testing requirement.

(C) Individuals who have successfully completed training resulting in the award of certification in the discipline they are applying for training are exempt from this testing requirement. Individuals must submit proof of training and certification.

(8) Physical Standards.

(a) Prior to admittance into a basic training course, as described in OAR 259-008-0025, all law enforcement officers or applicants must demonstrate the physical abilities to perform the critical and essential tasks of a law enforcement officer. The critical and essential tasks for law enforcement officers have been determined by the following:

(A) The 2015 DPSST Job Task Analysis for Police Officers;

(B) The 2015 DPSST Job Task Analysis for Parole & Probation Officers;

(D) The 2013 Job Task Analysis for Liquor Enforcement Inspectors.

(b) The following minimum physical standards are required for all law enforcement officers:

(A) Visual Acuity.

(i) Monocular vision must be at least 20/30 (Snellen) corrected in each eye and not worse than 20/100 (Snellen) uncorrected in either eye.

(ii) Binocular vision must be at least 20/20 (Snellen) corrected.

(iii) Officers or applicants whose uncorrected vision is worse than 20/100 must wear soft contact lenses to meet the corrected vision requirement.

(B) Color Vision.

(i) Law enforcement officers or applicants must be able to distinguish red, green, blue, and yellow, as determined by the HRR Test, 4th Edition.

(ii) Red or green deficiencies may be acceptable, providing the officer or applicant can read at least nine of the first 13 plates of the Ishihara Test.

(iii) Officers or applicants who fail to meet the color vision standard may meet the standard by demonstrating that they can correctly discriminate colors via a field test conducted by the employer as approved by the examining licensed physician or surgeon.

(D) Peripheral Vision. Visual Field Performance must be 140 degrees in the horizontal meridian combined.

(E) Hearing.

(i) Law enforcement officers or applicants must have no average hearing loss greater than 25 decibels (db) at the 500, 1,000, 2,000 and 3,000-Hertz levels in either ear with no single loss in excess of 40 db.

(ii) Law enforcement officers or applicants who fail to meet the hearing standard must be examined by a licensed audiologist or otorhinolaryngologist to determine if an amplification device will allow them to meet the hearing standard.

(iii) An amplification device may be used to meet the hearing standard, if a licensed audiologist or otorhinolaryngologist determines an amplification device will allow the officer or applicant to meet the hearing standard.

(F) Cardiovascular.

(i) Resting blood pressure must be less than or equal to 160 mmHg systolic and 100 mmHg diastolic.

(ii) Law enforcement officers or applicants who fail to meet the cardiovascular standards must be examined by a general practitioner to address the issue.

(iii) Law enforcement officers or applicants who have a history of organic cardiovascular disease will necessitate further medical evaluation.

(G) Pulmonary Capacity. Officers and applicants with obstructive or restrictive spirograms (FVC or FEV1 less than 80% or FVC/FEV1 ratio of less than 70%) require further evaluation.

(H) Medications. The side effects of any prescribed medication must not interfere with the law enforcement officer’s or applicant’s ability to perform the critical and essential tasks of the job.

(I) Medical Recommendations.

(i) It is recommended that officers or applicants with a history of seizures or diabetes be evaluated following American College of Occupational and Environmental Medicine’s Guidance for the Medical Evaluation of Law Enforcement Officers, to include post-employment monitoring.

(ii) It is recommended that officers or applicants with a history of hypertension (resting blood pressure exceeding 160 mmHg systolic and 100 mmHg diastolic (160/100) have post-employment medical monitoring.

(9) Medical Examinations. To ensure that law enforcement officers and applicants meet the minimum physical standards listed in section (8) of this rule, all officers and applicants must be examined by a licensed physician or surgeon.

(a) The licensed physician or surgeon performing the medical examination must be provided with a current DPSST Medical Examination Report (Form F-2) for completion at the time of the examination.

(b) The medical examination must conform to applicable standards of the Americans with Disabilities Act (ADA) Title 42 USC 1210.

(c) The medical examination must be completed within 180 days prior to the start of employment as a law enforcement officer.

(d) Upon completion of the medical examination, the examining licensed physician or surgeon must sign the final page of the Form F-2 (Form F-2A) attesting that the officer or applicant has met or has not met the minimum physical standards listed in section (8) of this rule.

(e) The Form F-2A must be submitted to the Department no later than 90 days after the start of employment.

(f) Law enforcement officers and applicants will not be admitted into a basic course until the Department receives a Form F-2A attesting that the minimum physical standards have been met or a physical standard waiver has been granted, as described in section (10) of this rule.

(g) DPSST may require that a law enforcement officer or applicant take a subsequent examination by a licensed physician or surgeon of the Department’s choice at the expense of the officer, the applicant or the hiring agency.

(h) Certified individuals who are hired into a discipline they are not certified for are required to successfully complete a new physical examination.

(i) A law enforcement officer whose certification has lapsed will be required to complete a new medical examination prior to re-applying for certification.

(j) Individuals employed in a limited duration, administrative position, as described in OAR 259-008-0078, are exempt from the medical examination requirement.

(k) Regulatory Specialists employed by OLCC prior to July 1, 2015 who have previously completed OLCC basic training are exempt from completion of the physical examination.

(10) Physical Standard Waivers.

(a) An individual or department head may request a waiver of any physical standard in section (8) of this rule by:

(A) Submitting a request to the Department in writing; and

(B) Providing documentation or pertinent testimony that supports the physical standard waiver request.

(C) If further clarification is needed, the Department may require additional documentation or testimony from the individual or department head requesting the physical standard waiver.

(D) The requesting individual may be required to demonstrate the ability to perform the critical and essential job tasks.

(E) If the Department finds that the physical standard waiver request would not prohibit the requesting individual’s ability to successfully complete training and the performance of the critical and essential tasks, the waiver will be granted.

(F) Any expense associated with providing physical standard wavier documentation or testimony will be the responsibility of the requesting individual or the requesting agency.

(G) If an individual requests and is granted a medical waiver, but does not obtain employment within one year from the date the waiver is granted, the waiver will be void.

(H) If the Department denies a request for a waiver of any physical standard in section (8) of this rule, the Department will issue Notice and proceed as provided in section (10)(b) of this rule.

(b) Contested Case Hearing Process for Denial of Physical Standard Waivers.

(A) Initiation of Proceedings: A contested case notice will be prepared when the Department denies a physical standard waiver after determining that factual data meeting the statutory and administrative rule requirements justifies the denial.

(B) Contested Case Notice: The contested case notice will be prepared in accordance with the applicable provisions of the Attorney General's Model Rules of Procedure adopted under OAR 259-005-0015.

(C) Response Time: A party who has been served with a "Contested Case Notice of Intent to Deny a Waiver" has 60 days from the date of mailing or personal service of the notice in which to file a written request for a hearing with the Department.

(D) Default Order: If a timely request for a hearing is not received, the Contested Case Notice will become a final order denying the requested waiver pursuant to OAR 137-003-0672.

(E) Hearing Request: If a timely request for a hearing is received, the Department will refer the matter to the Office of Administrative Hearings in accordance with OAR 137-003-0515.

(F) Proposed and Final Orders: In cases where a hearing is requested, proposed orders, exceptions, and final orders will be issued pursuant to the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015.

(11) Pre-employment Psychological Evaluation. A person may not be employed as a law enforcement officer or utilized as a reserve officer without a pre-employment psychological evaluation conducted in accordance with this rule. This requirement applies to police officers and reserve officers hired on or after January 1, 2020, and corrections officers, parole and probation officers, and regulatory specialists hired on or after July 1, 2023.

(a) As used in this section, “psychological evaluation” or “evaluation” refers to a pre-employment psychiatric or psychological evaluation.

(b) A psychological evaluation is required as follows:

(A) When an applicant is initially hired by the hiring agency;

(B) When a law enforcement officer or reserve officer is rehired by the same agency after a separation of employment that is more than 180 days; or

(C) When a public safety professional who has been continuously employed or utilized by the hiring agency becomes a police officer or reserve officer for that agency and the person has not completed a psychological evaluation that is equal to the evaluation used by the hiring agency when hiring an applicant as a police officer or reserve officer.

(A) Identify mental conditions, personality disorders, personality traits, or behavior patterns that may adversely affect the applicant’s ability to perform the essential functions of the job with reasonable skill, safety, and judgment based upon the psychological evaluation criteria established by the hiring agency; and

(B) Conduct an assessment of the applicant’s tendencies, feelings and opinions toward diverse cultures, races and ethnicities and differing social, political, economic and life statuses.

(d) The psychological evaluation must be conducted by a licensed mental health professional who can demonstrate, to the hiring agency’s satisfaction, expertise in clinical assessment and the assessment of normal personality characteristics, skills, and abilities relevant to public safety personnel selection. “Licensed Mental Health Professional” includes:

(A) A physician with a specialty in psychiatry licensed by the Oregon Medical Board or the licensing body in the state where the psychiatrist provides the psychiatric services;

(B) A psychologist who is licensed by the Oregon Board of Psychology or the licensing body in the state where the person provides the psychological services; or

(C) A mental health professional who is licensed by the licensing body in the state where the person provides mental health services.

(e) The psychological evaluation must include the following:

(A) A written psychological test battery relevant to the psychological evaluation criteria established by the hiring agency;

(B) An assessment of the applicant’s tendencies, feelings and opinions toward diverse cultures, races and ethnicities and differing social, political, economic and life statuses;

(D) A report provided by the licensed mental health professional in the manner requested by the hiring agency.

(f) The psychological evaluation must conform with the applicable standards of the Americans with Disabilities Act (ADA) Title 42 USC 1210.

(g) Evaluations older than one year are no longer valid for the purposes of satisfying this rule.

(h) Hiring decisions are the responsibility of each hiring agency. The hiring agency maintains the discretion to determine how the information provided in the evaluation report impacts the hiring decision.

History

Statutory/Other Authority: ORS 181A.410, ORS 183.341, ORS 181A.485 & ORS 181A.676
Statutes/Other Implemented: ORS 181A.410, ORS 183.341, ORS 181A.395, ORS 181A.490, ORS 181A.520, ORS 181A.530, ORS 181A.550, ORS 181A.640, ORS 181A.485, ORS 181A.676 & ORS 181A.688
DPSST 6-2023, amend filed 04/27/2023, effective 07/01/2023
DPSST 30-2020, amend filed 10/22/2020, effective 11/01/2020
DPSST 5-2020, amend filed 02/10/2020, effective 05/01/2020
DPSST 1-2020, amend filed 01/24/2020, effective 01/24/2020
DPSST 13-2019, temporary amend filed 11/21/2019, effective 12/01/2019 through 05/28/2020
DPSST 18-2017, amend filed 10/26/2017, effective 01/01/2018
DPSST 14-2017, f. 7-28-17, cert. ef. 8-1-17
DPSST 7-2017, f. 3-22-17, cert. ef. 4-1-17
DPSST 11-2016, f. 7-25-16, cert. ef. 7-29-16
DPSST 4-2016, f. 3-22-16, cert. ef. 4-1-16
DPSST 18-2015, f. 12-22-15, cert. ef. 1-1-16
DPSST 11-2015, f. 6-23-15, cert. ef. 7-1-15
DPSST 7-2015, f. & cert. ef. 3-24-15
DPSST 32-2014, f. 12-29-14, cert. ef. 1-1-15
DPSST 13-2014, f. & cert. ef. 6-24-14
DPSST 1-2014, f. & cert. ef. 1-2-14
DPSST 18-2013, f. & cert. ef. 7-23-13
DPSST 19-2012, f. & cert. ef. 8-31-12
DPSST 18-2012, f. & cert. ef. 8-27-12
DPSST 14-2011, f. 9-26-11, cert. ef. 10-1-11
DPSST 9-2011, f. & cert. ef. 6-28-11
DPSST 10-2009, f. & cert. ef. 9-21-09
DPSST 21-2008, f. 12-15-08, cert. ef. 1-1-09
DPSST 4-2008, f. & cert. ef. 4-15-08
DPSST 1-2008(Temp), f. & cert. ef. 1-15-08 thru 4-18-08
DPSST 13-2007(Temp), f. & cert. ef. 11-1-07 thru 4-18-08
DPSST 10-2007, f. & cert. ef. 10-15-07
DPSST 12-2006, f. & cert. ef. 10-13-06
DPSST 3-2006, f. & cert. ef. 2-28-06
DPSST 14-2003, f. & cert. ef. 12-22-03
DPSST 8-2003, f. & cert. ef. 4-18-03
DPSST 6-2003, f. & cert. ef. 4-11-03
DPSST 3-2003, f. & cert. ef. 1-22-03
BPSST 20-2002, f. & cert. ef. 11-21-02
BPSST 16-2002, f. & cert. ef. 7-5-2002
BPSST 5-2002(Temp), f. 4-3-02, cert. ef. 4-6-02 thru 8-1-02
BPSST 12-2001(Temp), f. & cert. ef. 10-26-01 thru 4-5-02
BPSST 3-2001, f. & cert. ef. 8-22-01
BPSST 9-2000, f. 11-13-00, cert. ef. 11-15-00
BPSST 1-1999, f. & cert. ef. 3-9-99
BPSST 3-1998, f. & cert. ef. 6-30-98
BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98
BPSST 1-1998, f. & cert. ef. 5-6-98
Reverted to PS 4-1997, f. 3-20-97, cert. ef. 3-25-97
PS 10-1997(Temp), f. & cert. ef. 11-5-97
PS 4-1997, f. 3-20-97, cert. ef. 3-25-97
PS 2-1996, f. 5-15-96, cert. ef. 5-20-96
PS 2-1995, f. & cert. ef. 9-27-95
Renumbered from 259-010-0015, PS 1-1990, f. & cert. ef. 2-7-90
PS 1-1987, f. & ef. 10-26-87
PS 1-1985, f. & ef. 4-24-85
PS 1-1983, f. & ef. 12-15-83
PS 1-1981, f. 9-26-81, ef. 11-2-81
PS 12, f. & ef. 12-19-77

Or. Admin. R. 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.

(2) Fingerprints. Within 90 days of the date of employment in a certifiable position, each telecommunicator and emergency medical dispatcher must be fingerprinted on a standard applicant fingerprint card.

(a) If the hiring agency is a public agency, it is responsible for fingerprinting and forwarding one fingerprint card to the Oregon State Police Identification Services Section for processing and the assignment of an identification number.

(b) If the hiring agency is a private agency, it is responsible for fingerprinting and forwarding one fingerprint card to the Department along with the appropriate fee.

(c) Applications for certification will not be processed until an applicant’s fingerprints have cleared Oregon State Police Identification Services.

(d) If any procedural change is made by either the Federal Bureau of Investigation or the Oregon State Police Identification Services Section, the Department will comply with the most current requirements.

(3) Notification of Arrest or Criminal Citation to Appear. A telecommunicator or emergency medical dispatcher who is arrested, or receives a criminal citation to appear or its equivalent, for any offense punishable as a crime must notify the Department within five business days. Notification must be in writing and include the date of the arrest or citation, the location of the arrest or citation, the reason for the arrest or citation and the arresting or citing agency.

(4) Moral Fitness. All telecommunicators and emergency medical dispatchers must meet moral fitness standards for certification. The moral fitness standards defined in OAR 259-008-0290 and OAR 259-008-0300 apply to telecommunicators and emergency medical dispatchers who are employed in a certifiable position but not yet certified, currently certified telecommunicators and emergency medical dispatchers, and telecommunicators and emergency medical dispatchers with lapsed certification.

(5) Education:

(a) Applicants for the position of a telecommunicator or emergency medical dispatcher will be required to furnish documentary evidence of one of the following:

(A) High School diploma;

(B) Successful completion of the General Educational Development (GED) Test; or

(C) A four-year, post-secondary degree issued by a degree-granting college or university accredited by a recognized national or regional accrediting body, or recognized by the Oregon Office of Degree Authorization under the provisions of ORS 348.604.

(ii) Applicants holding a GED from another state may be required to obtain an Oregon certificate at the discretion of the Department.

(b) Evidence of the above must consist of official transcripts, diplomas, or GED test report forms. Other documentation may be accepted, at the discretion of the Department.

(6) Academic Proficiency Standard. Before beginning basic telecommunicator or Emergency Medical Dispatcher (EMD) training or challenging basic telecommunicator training, each applicant must provide evidence to DPSST that the applicant possesses the academic tools necessary to successfully complete basic telecommunicator or EMD training.

(a) The hiring agency is responsible for ensuring a telecommunicator/EMD proficiency test or validated written test designed to evaluate predictors of job-related skills and behavior has been administered. The hiring agency must verify the completion of the test and report the date of completion to the Department on a Form F-5 (Application for Training) prior to the applicant being admitted to basic telecommunicator or EMD training.

(b) Individuals submitting transcripts verifying that they possess at least a four-year academic degree from an institution recognized by DPSST under the provisions of OAR 259-008-0045 are exempt from this testing requirement.

(c) Individuals who have successfully completed training resulting in the award of certification in the discipline they are applying for training are exempt from this testing requirement. Individuals must submit proof of training and certification.

(7) Physical Standards.

(a) Prior to admittance into a basic training course, as described in OAR 259-008-0025, all telecommunicators, emergency medical dispatchers and applicants must demonstrate the physical abilities to perform the critical and essential tasks of a telecommunicator or emergency medical dispatcher.

(A) The critical and essential tasks for telecommunicators have been determined by the 2015 DPSST Job Task Analysis for Telecommunicators.

(B) The critical and essential tasks for emergency medical dispatchers have been determined by the 1995 National Highway Traffic Safety Administration Emergency Medical Dispatcher (EMD) National Standards Curriculum.

(b) The following minimum physical standards are required for all telecommunicators and emergency medical dispatchers.

(A) Visual Acuity. Corrected vision must be at least 20/30 (Snellen) when tested using both eyes together.

(B) Color Vision.

(i) Telecommunicators, emergency medical dispatchers and applicants must be able to distinguish red, green, blue, and yellow as determined by the HRR Test, 4th Edition.

(ii) Red or green deficiencies may be acceptable, providing the telecommunicator, emergency medical dispatcher or applicant can read at least nine of the first 13 plates of the Ishihara Test.

(iii) Telecommunicators, emergency medical dispatchers or applicants who fail to meet the color vision standard may meet the standard by demonstrating that they can correctly discriminate colors via a field test conducted by the employer as approved by the examining licensed health professional.

(i) Telecommunicators, emergency medical dispatchers or applicants must meet National Emergency Number Association (NENA) hearing standard NENA-STA-007.2-2014 (June 14, 2014).

(ii) Telecommunicators, emergency medical dispatchers or applicants who fail to meet the hearing standard must be examined by a licensed audiologist or otorhinolaryngologist to determine if an amplification device will allow them to meet the hearing standard.

(iii) An amplification device may be used to meet the hearing standard, if a licensed audiologist or otorhinolaryngologist determines an amplification device will allow the telecommunicator, emergency medical dispatcher or applicant to meet the hearing standard.

(D) Medications. The side effects of any prescribed medication must not interfere with the telecommunicator’s, emergency medical dispatcher’s or applicant’s ability to perform the essential functions and tasks of the job.

(8) Medical Examinations. To ensure that telecommunicators, emergency medical dispatchers, and applicants meet the minimum physical standards listed in section (7) of this rule, telecommunicators, emergency medical dispatchers, and applicants must be examined by a licensed health professional.

(a) The licensed health professional performing the medical examination must be provided with a current DPSST Medical Examination Report (Form F-2T) for completion at the time of the examination.

(b) The medical examination must conform to applicable standards of the Americans with Disabilities Act (ADA) Title 42 USC 1210.

(c) The medical examination must be completed within 180 days prior to the start of employment as a telecommunicator or emergency medical dispatcher.

(d) Upon completion of the medical examination, the examining licensed health professional must sign the final page of the Form F-2T (Form F-2TA) attesting that the telecommunicator, emergency medical dispatcher or applicant has met or has not met the minimum physical standards listed in section (7) of this rule.

(e) The Form F-2TA must be submitted to the Department no later than 90 days after the start of employment.

(f) Telecommunicators, emergency medical dispatchers or applicants will not be admitted into a basic course until the Department receives a Form F-2TA attesting that the minimum physical standards have been met or a physical standard waiver has been granted, as described in section (9) of this rule.

(g) The Department may require that a telecommunicator or emergency medical dispatcher take a subsequent examination by a licensed health professional of the Department’s choice at the expense of the applicant or the hiring agency.

(h) Certified individuals who are hired into a discipline for which they are not certified are required to successfully complete a new physical examination.

(i) A telecommunicator or emergency medical dispatcher whose certification has lapsed will be required to complete a new medical examination prior to re-applying for certification.

(j) Individuals employed in a limited duration, administrative position, as described in OAR 259-008-0078, are exempt from the medical examination requirement.

(9) Physical Standard Waivers.

(a) An individual or department head may request a waiver of any physical standard in section (7) of this rule by:

(A) Submitting a request to the Department in writing; and

(B) Providing documentation or pertinent testimony that supports the physical standard waiver request.

(C) If further clarification is needed, the Department may require additional documentation or testimony from the individual or department head requesting the physical standard waiver.

(D) The requesting individual may be required to demonstrate the ability to perform the critical and essential job tasks.

(F) Any expense associated with providing physical standard waiver documentation or testimony will be the responsibility of the requesting individual or the requesting agency.

(G) If an individual requests and is granted a physical standard waiver, but does not obtain employment within one year from the date the waiver is granted, the waiver will be void.

(H) If the Department denies a request for a waiver of any physical standard in section (7) of this rule, the Department will issue Notice and proceed as provided in section (9)(b) of this rule.

(b) Contested Case Hearing Process for Denial of Physical Standard Waivers.

(B) Contested Case Notice: All contested case notices will be prepared in accordance with the applicable provisions of the Attorney General's Model Rules of Procedure adopted under OAR 259-005-0015.

(D) Default Order: If a timely request for a hearing is not received, the Contested Case Notice will become a final order denying the requested waiver pursuant to OAR 137-003-0672.

(E) Hearing Request: If a timely request for a hearing is received, the Department will refer the matter to the Office of Administrative Hearings in accordance with OAR 137-003-0515.

(F) Proposed and Final Orders: In cases where a hearing was requested, proposed orders, exceptions, and final orders will be issued pursuant to the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015.

(10) Pre-employment Psychological Evaluation. A person may not be employed as a telecommunicator or emergency medical dispatcher without a pre-employment psychological evaluation conducted in accordance with this rule. This requirement applies to telecommunicators and emergency medical dispatchers hired on or after January 1, 2024. This requirement does not apply to a person employed as an emergency medical dispatcher by a private safety agency that is an ambulance service provider.

(a) As used in this section, “psychological evaluation” or “evaluation” refers to a pre-employment psychiatric or psychological evaluation.

(b) A psychological evaluation is required as follows:

(A) When an applicant is initially hired by the hiring agency; or

(B) When a telecommunicator or emergency medical dispatcher is rehired by the same hiring agency after a separation of employment that is more than 180 days.