OAR Chapter 257 — Department of State Police

Division 1 PROCEDURAL RULES

Or. Admin. R. 257-001-0000 Notice of Proposed Rule

Prior to the adoption, amendment, or repeal of any rule, the Department of State Police 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 15 days prior to the effective date.

(2) By mailing a copy of the Notice to persons on the Department’s mailing list established pursuant to ORS 183.335(6).

(3) By mailing a copy of the Notice to the following persons, organizations, or publications:

(a) United Press International and Associated Press;

(b) Oregon Association of Chiefs of Police;

(d) Oregon Police Officers’ Association;

(e) Oregon District Attorneys’ Association;

(f) Oregon Circuit Judges’ Association;

(g) Oregon District Judges’ Association;

(h) Oregon Law Enforcement Council;

(i) Oregon Newspaper Publishers’ Association;

(j) American Civil Liberties Union;

(k) Law Enforcement Data System Advisory Board;

(l) Board on Public Safety Standards and Training.

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 183.341(4)
DSP 4-1981, f. 12-14-81, ef. 12-15-81
DSP 3, f. 4-22-76, ef. 4-30-76

Or. Admin. R. 257-001-0005 Model Rules of Practice and Procedures

Except as provided in OAR 257-001-0020, 257-001-025 and 257-045-0010 to 257-045-0050 with respect to the rules for impoundment hearings under ORS 806.016 and hearings for vehicles taken into custody and towed under 819.110 or 819.120, the Model Rules of Procedure as promulgated by the Attorney General of the State of Oregon under the Administrative Procedure Act effective January 1, 2010, are adopted as the Rules of Procedure of the Department of State Police and shall be controlling except as otherwise required by statute or rule.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Oregon State Police.]

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 181, 181.040, 181.280, 183, 806, 806.014, 806.016 & 814, OL 2009 & ch. 371 (HB 2739)
Statutes/Other Implemented: ORS 183.341(4), OL 2009 & ch. 371 (HB 2739)
OSP 2-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 4-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-29-10
Reverted to OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94
OSP 1-1998(Temp), f. & cert. ef. 7-24-98 thru 1-1-99
OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94
OSP 2-1994(Temp), f. 6-30-94, cert. ef. 7-1-94
OSP 1-1986, f. & ef. 7-28-86
DSP 5-1981, f. 12-14-81, ef. 12-15-81
DSP 4-1979, f. & ef. 12-13-79
DSP 4, f. 4-22-76, ef. 4-30-76
DSP 1, f. 4-19-74, ef. 5-11-74

Or. Admin. R. 257-001-0015 Requiring Reporting of Precursor Transactions

(1) When contacted by a person that desires to purchase precursor substances, the transferer (seller/supplier) is required to complete Oregon State Police Form 310-1. The completion of this form requires the purchaser/receiver to contact the transferer in person and provide valid, state-issued photo identification. The identification may be in the form of a driver’s license or state identification card. Upon completion of OSP Form 310-1, the original must be forwarded to the Oregon State Police Precursor Substance Unit. After receipt of the form, the Precursor Substance Unit will issue that transaction an authorization number and notify the transferer of that number by telephone. The transferer will note on the remaining copies the number, date, and time of receiving the authorization. The 72-hour statutory waiting period prior to delivery of the precursor substance(s) will commence at the time of receipt by the Oregon State Police Precursor Substance Unit of the transferer’s notification.

(2) After the appropriate waiting period has elapsed and the receiver contacts the transferer to take possession of the precursor substance(s), the receiver will be provided a copy of OSP Form 310-1 by the Oregon State Police.

(3) The Precursor Substance Monthly Transaction Report, OSP Form 310-2, will be used only upon approval by the Oregon State Police Precursor Substance Unit. Use of this form shall apply only when a patter or regular supply, for lawful purposes, of the precursor substances has been established. The request for its use must be made in writing by the purchaser and shall include the business name, address, intended use of the precursor substances, and location(s) where the precursor substances are to be used.

(4) Any person/business in possession of precursor substances who discovers the loss, theft, or discrepancy of any amount of precursor substances must complete and submit OSP Form 310-3 to the Oregon State Police Precursor Substance Unit within three days. These forms shall be provided by the Oregon State Police upon request.

(5) OSP Forms 310-1, 310-2, and 310-3 are hereby adopted and incorporated into this rule.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 475.945
OSP 3-1987, f. 10-14-87, ef. 12-11-87
OSP 2-1987(Temp), f. & ef. 9-28-87

Or. Admin. R. 257-001-0020 Notices and Requests for Hearings Under ORS 806.016

(1) A “person entitled to lawful possession” of a vehicle means the owner as defined in ORS 801.375 or a security interest holder. A person not listed as the owner or security interest hold on the records of the Driver and Motor Vehicle Services Branch (DMV) shall have the burden of establishing right possession by clear and convincing evidence.

(2) A person entitled to lawful possession of an impounded vehicle may request a hearing to contest the validity of the impoundment. Such request must be in writing and, within 5 days from the date of the impoundment, be mailed to or received by the agency conducting the hearing. The hearing request must include the person’s full name, address, driver’s license number, daytime telephone number, the names of and daytime telephone numbers for any other persons (e.g. attorney, witnesses) expected to participate in the hearing, date of the impoundment, the registration number and a description of the vehicle impounded, and a brief statement describing the person’s interest in the vehicle (e.g. owner, lessee) and why the person believes the impoundment was impounded. A person who will need an interpreter for the hearing or accommodation for an impairment must also give notice of that in the hearing request.

(3) Notice of the hearing date shall be sent to the person request the hearing as soon as practicable after receipt of the hearing request. The notice shall include or be accompanied by:

(a) The time and date of the hearing;

(b) Notice of the scope of the hearing, which shall be limited to the validity of the impoundment;

(d) A copy of the documents then in the hearing officer’s file;

(e) A form with instructions on the hearing procedures, and advising persons with impairments of the opportunity to use a telecommunication device line.

(f) Information that the hearing costs may be assessed against the person if the impoundment is held proper.

(4) The hearing officer, upon finding the impoundment to have been proper, may assess the costs of the hearing pursuant to ORS 806.016(4) or may waive, in whole or in part the hearing costs upon finding that the person is indigent. A person claiming indigence shall have the burden of establishing that, and the person’s eligibility for food stamps shall be the primary factor to be considered by the hearing officer in determining indigence.

History

Statutory/Other Authority: ORS 181, 181.040, 181.280, 183, 809.720, 809.716 & 814
Statutes/Other Implemented: ORS 809.716
Reverted to OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94
OSP 4-2002(Temp), f. & cert. ef. 10-25-02 thru 4-22-03
Reverted to OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94
OSP 4-2000(Temp), f. & cert. ef. 10-9-00 thru 4-6-01
Reverted to OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94
OSP 1-1998(Temp), f. & cert. ef. 7-24-98 thru 1-1-99
OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94
OSP 2-1994(Temp), f. 6-30-94, cert. ef. 7-1-94

Or. Admin. R. 257-001-0025 Rules for Impoundment Hearings Under ORS 809.716

Hearings to determine the validity of the impoundment of vehicles under ORS 806.014 shall be subject to the following procedural rules.

(1) The following of the Attorney General’s Model Rules of Procedure adopted under OAR 257-001-0005, and no other, shall apply:

(a) OAR 137-003-0001 Contested Case Notice;

(b) OAR 137-003-0002 Rights of Parties in Contested Cases;

(d) OAR 137-003-0040 Conducting Contested Case Hearing;

(e) OAR 137-003-0045 Telephone Hearings

(f) OAR 137-003-0050 Evidentiary Rules;

(g) OAR 137-003-0055 Ex Parte Communications;

(h) OAR 137-003-0075 Final Orders by Default;

(i) OAR 137-003-0080 Reconsideration and Rehearing-Contested Cases;

(j) OAR 137-003-0090 Stay Request;

(k) OAR 137-003-0091 Intervention in Stay Proceeding;

(l) OAR 137-003-0092 Stay Proceeding and Order.

(2) With reference to model OAR 137-003-0045, all hearings will be conducted by telephone unless the person requesting the hearing:

(a) Includes in the hearing request a request for an in-person hearing;

(b) Provides adequate justification for holding the hearing in-person (EXAMPLE: hearing impairment or other physical disability making telephone hearings impractical); and

(3) Discovery shall be limited to the documents contained in the hearings officer’s file. Such documents shall be sent to the person requesting the hearing at the time the notice of the scheduled hearing is sent, or as soon thereafter as possible.

(4) The Department shall enter into an interagency agreement with another state agency which has an established hearings unit, to ensure that hearings under ORS 806.016 are conducted as fairly and efficiently as practicable. Exceptions to hearings’ officers proposed orders under ORS 806.016 may be submitted to the Director of the Patrol Division of the Oregon State Police who shall have all authority to issue a final order. Written argument submitted with the exceptions will be considered; no opportunity for oral argument will be allowed.

History

Statutory/Other Authority: ORS 181, 181.040, 181.280, 183, 809.720, 809.716 & 814
Statutes/Other Implemented: ORS 809.716
Reverted to OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94
OSP 4-2002(Temp), f. & cert. ef. 10-25-02 thru 4-22-03
Reverted to OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94
OSP 4-2000(Temp), f. & cert. ef. 10-9-00 thru 4-6-01
Reverted to OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94
OSP 1-1998(Temp), f. & cert. ef. 7-24-98 thru 1-1-99
OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94
OSP 2-1994(Temp), f. 6-30-94, cert. ef. 7-1-94

Division 10 OREGON CRIMINAL OFFENDER INFORMATION SYSTEM

Or. Admin. R. 257-010-0010 Scope of System

(1) Rules adopted herein relate solely to the Oregon Criminal Offender Information System and the Identification Services Section as maintained by the Oregon State Police. The rules do not affect in any way other agencies’ original records of arrest, arrest logs, or reports of crimes available for inspection under terms of the Oregon Public Records Law (ORS 192.311 to 192.335).

(2) Oregon Criminal Offender Information files contain information, contributed by Criminal Justice Agencies, on a person’s record of arrests, the nature and disposition of criminal charges, sentencing, confinement, and release, plus identifying data only relating to fingerprints of applicants submitted under Oregon Law. The fingerprints, photographs, records and reports compiled under ORS 137.225, 166.291, 166.415, 181A.010, 181A.160, 181A.175, 181A.220, 181A.230, 181A.875, and 806.060 are confidential and exempt from public inspection except as provided in ORS 181A.220. These files shall not contain information about the political, religious, or social views, associations, or activities of any individual, group, association, corporation, business, or partnership unless such information directly relates to an investigation of past or threatened criminal acts or activities and there are reasonable grounds to suspect the subject of the information is or may be involved in criminal acts or activities.

(3) The Oregon CCH System is a computerization of essentially the same criminal offender, regulatory and applicant information, and is maintained by the OSP under provisions of Oregon Law. Computerization of the files is designed to provide faster access to criminal offender information for Oregon Criminal Justice and Designated Agencies.

(4) The Oregon Firearm Instant Check System is a computerization of firearm and firearm purchaser information, and is maintained by the OSP under provisions of Oregon Law. The record of the information obtained by the OSP during a request for a criminal records check by a gun dealer is exempt from disclosure under public records law.

History

Statutory/Other Authority: ORS 166.412, ORS 183.310 - 183.540, ORS 181A.220, ORS 181A.230, ORS 166.291, ORS 183.390, ORS 192.234, ORS 181A.245 & ORS 181A.200
Statutes/Other Implemented: ORS 166.291, ORS 166.412 & ORS 181A.875
OSP 3-2019, minor correction filed 01/02/2019, effective 01/02/2019
OSP 1-2019, minor correction filed 01/02/2019, effective 01/02/2019
OSP 1-2002, f. & cert. ef. 3-8-02
OSP 3-1996, f. 5-24-96, cert. ef. 7-1-96
OSP 4-1994, f. & cert. ef. 8-2-94
OSP 4-1993, f. & cert. ef. 12-20-93
OSP 3-1992, f. & cert. ef. 9-16-92
OSP 1-1990, f. & cert. ef. 6-4-90
DSP 4, f. 4-22-76, ef. 4-30-76
DSP 2, f. 6-14-74, ef. 7-11-74

Or. Admin. R. 257-010-0015 Definitions

(1) “Criminal Offender Information” means records and related data as to the physical description and vital statistics, including fingerprints and photographs, received, compiled, and disseminated by the Oregon State Police for purposes of identifying criminal offenders and alleged offenders. Records of arrest, the nature and disposition of criminal charges, including sentencing, confinement (confinement shall not include the retention by the Oregon State Police of records of transfer of inmates between penal institutions or other correctional facilities), parole, and release, and includes the OSP Computerized Criminal History System.

(2) “Agency Agreement” means a written agreement between Oregon State Police and a Criminal Justice or Designated Agency as defined by ORS 181A.010(5) authorized to receive criminal offender information, or between Oregon State Police and any state, federal, Native American tribe or private agency specifically granted authority by statute to receive Oregon criminal offender information, specifying the terms and conditions of accessing and receiving Oregon Criminal History Record Information (CHRI).

(3) “Computerized Criminal History (CCH) System” means the administration and maintenance of on-line computer files of significant criminal offender information.

(4) “OSP” means the Oregon State Police and includes the CCH unit, the Automated Biometric Identification System (ABIS) unit,, the Firearms Instant Check System, the Oregon Sex Offender Registry, and the Law Enforcement Data System (LEDS).

(5) “Oregon CCH System” means the Oregon Computerized Criminal History System.

(6) “Federal Criminal Offender Information System” means the national computerized criminal history system maintained and operated by the Federal Bureau of Investigation (FBI) which includes the Interstate Identification Index.

(7) “Criminal Justice Agency” as defined in ORS 181A.010 means:

(a) The Governor;

(b) Courts of Criminal Jurisdiction;

(d) District Attorneys, City Attorneys with criminal prosecutive functions and public defender organizations established under ORS Chapter 151;

(e) Law Enforcement Agencies;

(f) The Department of Corrections;

(g) The State Board of Parole and Post-Prison Supervision;

(h) The Board on Public Safety Standards and Training; and

(i) Any other state or local agency with law enforcement authority designated by order of the Governor.

(8) “Designated Agency” means any state, county or municipal government agency where Oregon criminal offender information is required to implement a federal or state statute, executive order or administrative rule that expressly refers to criminal conduct and contains requirements or exclusions expressly based on such conduct or for agency employment purposes, or licensing purposes, or other demonstrated and legitimate needs when designated by order of the Governor.

(9) “Regional Information Sharing System (RISS)” means an interjurisdictional intelligence system, in whatever form, designed pursuant to 42 USC § 3796(h) and 23 CFR Part 23 to identify, target, and remove criminal conspiracies and activities and terrorist conspiracies and activities that occur across law enforcement and state jurisdictional boundaries.

(10) “CJIS Systems Agency (CSA)” means the agency within each state which is responsible for the state’s computer link with the National Crime Information Center and The International Justice and Public Safety Network known as NLETS, and which is responsible for ensuring that NCIC and NLETS system security and operational policies and procedures are carried out within the state.

(11) “Law Enforcement Agency” as defined in ORS 181A.010(7)

(12) The “Administration of Criminal Justice” means the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. It also includes criminal identification activities; the collection, storage, and dissemination of criminal history record information; and criminal justice employment. In addition, administration of criminal justice includes “crime prevention programs” to the extent access to criminal history record information is limited to law enforcement agencies for law enforcement programs (e.g., record checks of individuals who participate in Neighborhood Watch or “safe house” programs) and the result of such checks will not be disseminated outside the law enforcement agency.

(13) “Firearm Instant Check System” means information received from Oregon Gun Dealers as defined in 18 U.S.C. § 921, concerning the selling, leasing or otherwise transferring a firearm and compiled by the Oregon State Police under authority of ORS 166.412 for purposes of determining if the person purchasing the firearm is disqualified from purchasing a firearm under Oregon or Federal Law and if the firearm being purchased is stolen.

(14) “Authorized agency” means the Department of State Police or other governmental agency designated by the state to report, receive or disseminate criminal offender information.

(15) “Qualified entity” means a business or organization that:

(a) Provides care or placement services, or licenses or certifies others to provide care or placement services, for children, elderly persons or dependent persons;

(b) Is not governed by a state regulatory or licensing agency; and

(c) Has been determined by an authorized agency to meet the criteria established by the authorized agency by rule under subsection (9) ORS 181A.190.

(16) “Subject individual” means a person who is employed or seeks to be employed by a qualified entity or who is providing services or seeks to provide services to a qualified entity on a contractual or voluntary basis.

(17) “Organization” means a qualified entity, as defined in ORS 181A.190 that:

(a) Is exempt from taxation under section 501(c) of the Internal Revenue Code, as amended and in effect on January 1, 2002; and

(b) Provides mentoring programs or tutoring programs.

(18) “Tutoring program” means a program that provides a committed, sustained, one-to-one relationship between a volunteer and a youth, dependent person or elderly person. A sustained relationship typically lasts nine months or longer.

(19) “Youth” means a person who has not attained 18 years of age.

(20) “Dependent person” means a person who, because of physical or mental disability, or medical disability due to alcohol or drug dependence, needs mentoring or tutoring programs.

(21) “Elderly person” means a person 65 years of age or older.

(22) “SOR” means the Oregon Sex Offender Registry.

History

Statutory/Other Authority: ORS 183.310 - 183.540, ORS 181A.200, ORS 181A.210, ORS 181A.230, ORS 181A.235, ORS 181A.245, ORS 192.243 & ORS 181A.190
Statutes/Other Implemented: ORS 181A.210 & ORS 181A.235
OSP 3-2026, amend filed 06/24/2026, effective 06/24/2026
OSP 2-2019, minor correction filed 01/02/2019, effective 01/02/2019
OSP 1-2011, f. 2-3-11, cert. ef. 2-28-11
Reverted to OSP 1-2002, f. & cert. ef. 3-8-02
OSP 4-2010(Temp), f. 6-29-10, cert. ef. 7-1-10 thru 12-28-10
OSP 1-2002, f. & cert. ef. 3-8-02
OSP 3-1996, f. & cert. ef. 3-22-96
OSP 4-1994, f. & cert. ef. 8-2-94
OSP 4-1993, f. & cert. ef. 12-20-03
OSP 1-1991, f. 5-17-91, cert. ef. 7-1-91
OSP 1-1990, f. & cert. ef. 6-4-90
OSP 3-1988, f. 8-22-88, cert. ef. 9-1-88
DSP 3-1981, f. 10-30-81, ef. 11-1-81
DSP 1-1981, f. & ef. 5-1-81
DSP 4, f. 4-22-76, ef. 4-30-76
DSP 2, f. 6-14-74, ef. 7-11-74

Or. Admin. R. 257-010-0020 System Responsibilities

(1) Maintenance and Dissemination of Criminal Offender Information. The Oregon State Police has statutory and administrative responsibility for the maintenance and dissemination of criminal offender information in Oregon.

(2) Accuracy and Completeness of Information. Information entered into Criminal Offender Information files is based on written documents submitted to the OSP by Criminal Justice Agencies reporting their record of official action, which documents contain fingerprint or other verification as to the identity of the individual to whom the information refers:

(a) OSP is responsible for the accuracy and completeness of information entered into the Oregon Criminal Offender Information System and any information subsequently transmitted for inclusion in the FBI Interstate Identification Index;

(b) This responsibility extends only to information contained in the documents as submitted to OSP.

(3) Removal of Information. OSP is responsible for removal of information from the Oregon and Federal Criminal Offender Information Systems when required by law or court order. In the event the OSP discovers there has been an erroneous entry in criminal offender information records maintained by OSP or the FBI, OSP shall correct or purge the inaccurate information.

(4) Entry of Information. Only terminals located at the OSP, Identification Services Section or others designated by the Superintendent of the OSP are allowed to enter, update, or modify records in the Oregon CCH File. Entry of information by other forms of electronic communications, as in the case of integration of computer systems, must be approved by the Superintendent of the OSP.

(5) Information to Qualified Criminal Justice and Designated Agencies. OSP is responsible for providing Criminal Offender Information to qualified Criminal Justice and Designated Agencies. Such information will be furnished, after proper inquiry, in either computerized or document form.

(6) Information to Regional Information Sharing Systems. OSP is responsible for providing Criminal Offender Information in computerized form to Regional Information Sharing Systems. Such information will be furnished, after proper inquiry, only if it exists in computerized form.

(7) Development of Operational Procedures. OSP is responsible for development of operational procedures to be followed by Criminal Justice and Designated Agencies permitted access to Oregon Criminal Offender Information and FBI Interstate Identification Index files.

(8) All Criminal Offender information distributed by the OSP shall contain a notice in writing in substantially the following language: Because additions or deletions may be made at any time, a new CCH record should be requested when needed for subsequent use.

(9) All agencies shall insofar as is feasible, taking into consideration the then existing capability of the OSP to respond, request and obtain a current criminal offender information record when that record is to be disseminated outside that agency.

(10) NCIC and NLETS Control Terminal Responsibility. OSP is the “state control terminal” for the NCIC and NLETS computer interface to Oregon and is responsible for assuring that all policies and rules for computer access to Oregon and Federal Criminal Offender Information Systems are adhered to by Oregon user agencies and Regional Information Sharing Systems.

(11) System Development and Operation. OSP is responsible for providing the computer hardware and software capabilities necessary to insure secure access, efficient processing and integrity of the information stored in the Oregon Criminal Offender Information System and for interfacing to the Federal Criminal Offender Information System.

(12) Physical Security of Computer Installation. OSP is responsible for development and implementation of policies and procedures to safeguard the criminal offender information at the central computer site from accidental or malicious damage or unauthorized access or use.

(13) Audit and Inspection of the User Agencies. OSP is responsible for periodically auditing and inspecting each computer terminal location accessing Oregon and Federal Criminal Offender Information to insure compliance with state and federal law, published rules, policies, and procedures.

(14) CCH computer terminal transaction records will be maintained at and by OSP and will be made available, upon written request, to participating Criminal Justice Agencies.

History

Statutory/Other Authority: ORS 183.310 - 183.540, ORS 181A.230, ORS 181A.245 & ORS 192.234
Statutes/Other Implemented: ORS 166.291, ORS 166.412 & ORS 181A.875
OSP 4-2019, minor correction filed 01/02/2019, effective 01/02/2019
OSP 1-2011, f. 2-3-11, cert. ef. 2-28-11
Reverted to OSP 1-2002, f. & cert. ef. 3-8-02
OSP 4-2010(Temp), f. 6-29-10, cert. ef. 7-1-10 thru 12-28-10
OSP 1-2002, f. & cert. ef. 3-8-02
OSP 4-1993, f. & cert. ef. 12-20-93
OSP 1-1990, f. & cert. ef. 6-4-90
DSP 4, f. 4-22-76, ef. 4-30-76
DSP 2, f. 6-14-74, ef. 7-11-74

Or. Admin. R. 257-010-0025 Access to and Use of Criminal Offender Information

(1) Access to OSP criminal offender information by any means shall be limited to:

(a) Criminal Justice Agencies, where the information is to be used for the administration of criminal justice, Criminal Justice Agency employment, or the information is required to implement a federal or state statute, local ordinance, Executive Order, or administrative rule that expressly refers to criminal conduct and contains requirements or exclusions expressly based on such conduct, or other demonstrated and legitimate needs;

(b) Designated Agencies upon Executive Order of the Governor, where the information is required to implement a federal or state statute, Executive Order, or administrative rule that expressly refers to criminal conduct and contains requirements or exclusions expressly based on such conduct or for agency employment purposes, or licensing purposes, or other demonstrated and legitimate needs:

(A) When a Designated Agency requests criminal offender information about an individual from OSP under ORS 181A.230 (1) for agency employment, licensing or other permissible purposes, the agency shall provide documentation that the individual:

(i) Gave prior written consent for the agency to make a criminal offender record check through the OSP; or

(ii) Has received written notice from the agency that a criminal offender record check may be made through the OSP. Notice shall be provided prior to the time the request is made and shall include: Notice of the manner in which the individual may be informed of the procedures adopted under ORS 181A.230(3) for challenging inaccurate criminal offender information; and notice of the manner in which the individual may become informed of rights, if any, under Title VII of the Civil Rights Act of 1964; and notice that discrimination by an employer on the basis of arrest records alone may violate federal civil rights law and that the individual may obtain further information by contacting the Bureau of Labor and Industries.

(B) When an authorized agency or organization requests, in written form, criminal offender information about an individual from OSP under ORS 181A.230(1), that agency will be charged the applicable fee noted in the CJIS Fee Schedule for each individual checked (fee does not apply when check is made by agency using their LEDS terminal).

(c) Qualified entities upon successful determination as being a qualified entity by the OSP Identification Services Section. Qualified entities may request from OSP Identification Services Section a criminal records check for purposes of evaluating the fitness of a subject individual as an employee, contractor or volunteer. The OSP Identification Services Section may access state and federal criminal records only through use of the subject individual’s fingerprints.

(A) Before the OSP Identification Services Section conducts a criminal records check based on the subject individual's fingerprints:

(i) The OSP Identification Services Section shall determine whether the entity requesting the criminal records check is a qualified entity as defined in 257-010-0015(15) and has executed a user agreement making that determination;

(ii) The qualified entity must establish criteria to be used by the OSP Identification Services Section in reviewing the criminal offender information for a final record check determination;

(iii) The qualified entity must provide the criteria established under paragraph (ii) of this subsection to the OSP Identification Services Section; and

(iv) The qualified entity must have informed the subject individual that the qualified entity might request a fingerprint-based criminal records check and that the subject individual may obtain a copy of the record check report from, or challenge the accuracy or completeness of the record check report through, the OSP Identification Services Section or the Federal Bureau of Investigation.

(B) Upon receipt of a subject individual’s criminal offender information, the OSP Identification Services Section shall make a final record check determination by comparing the criminal offender information with the criteria provided to the OSP Identification Services Section by the qualified entity under subsection (A)(ii) of this section. In making the final record check determination, the OSP Identification Services Section may only consider information that the Department of State Police may disclose under ORS 181A.245. The OSP Identification Services Section may only consider records of any conviction, or of any arrest less than one year old on which there has been no acquittal or dismissal.

(C) The OSP Identification Services Section shall only respond to a qualified entity’s inquiry concerning a subject individual in the following manner and shall not provide specific criminal offender information:

(i) Yes. (No disqualifying criteria established by the qualified entity and ORS 181A.245 was found.)

(ii) No. (One or more disqualifying criteria established by the qualified entity and ORS 181A.245 was found.)

(d) Regional Information Sharing Systems, where the information is to be used to identify, target, and remove criminal conspiracies and activities and terrorist conspiracies and activities that occur across law enforcement and state jurisdictional boundaries. Access to Oregon Criminal Offender Information by Regional Information Sharing Systems is limited to only Oregon Criminal Offender Information that exists in computerized format;

(e) A person or agency not defined as a Criminal Justice, Designated Agency, or Qualified Entity has access only through the OSP Identification Services Section pursuant to ORS 181A.230 and 181A.245. The request must be submitted in writing and may be hand carried or mailed to the OSP Identification Services Section. The applicable fee(s) noted in the CJIS fee will be charged for each check, as well as when certification by a notary public is requested. Checks are to be made payable to the Oregon State Police. Inquiries are to be addressed to Oregon State Police, Identification Services Section, 3565 Trelstad Ave SE, Salem, OR 97317. Inquiries may also be made through the OSP webpage at www.oregon.gov/osp, when a customer account is established for billing purposes.

(A) The requesting party must furnish OSP with sufficient information to assist identifying and notifying the individual of interest. If the information is sought for employment purposes the requester must state on the written request that the individual has been so advised and the manner in which the individual was so advised;

(B) These individuals will be advised by letter the name of the requestor, and that they are allowed to review their criminal history for inaccurate or incomplete information. They will also be advised that they may become informed of certain rights under Title VII of the Civil Rights Act of 1964 by contacting the Bureau of Labor and Industries;

(C) If a challenge is received prior to the end of the statutory 14 day waiting period, response to the requester will be held in abeyance until the challenge is resolved;

(D) OSP will respond to all requests and furnish Oregon conviction information and any arrest information less than one year old on which there has been no acquittal or dismissal. If the compiled information does not meet the above criteria or there is no record of the subject, OSP will reply to the requester that there is no criminal record.

(2) Access to Oregon CCH information by means of computer terminals shall be limited to Criminal Justice Agencies, Designated Agencies, and Regional Information Sharing Systems using their respective identification number (ORI) as authorized by OSP in an “Agency Agreement.” Access to FBI criminal offender information by a Regional Information Sharing System is authorized, pursuant to an OSP “Agency Agreement,” only upon a showing that the system is authorized under Title 28, United States Code, Section 534 and Title 28, Code of Federal Regulations, Part B & C, to receive such FBI criminal offender information.

(3) Oregon criminal offender information may be shared between authorized Criminal Justice and Designated Agencies, and between Regional Information Sharing Systems and their respective participating law enforcement agencies. All other secondary dissemination of criminal offender information is prohibited unless expressly permitted by Oregon Revised Statute. Dissemination of Oregon criminal offender information by the Department of Human Services or the Employment Department to public or private agencies authorized by ORS 181A.200 shall be limited to persons with a demonstrated and legitimate need to know the information. Such need must be demonstrated to the satisfaction of the Department of Human Services or the Employment Department responsible for the dissemination of the information. Title 28, United States Code, Section 534 and Title 28, Code of Federal Regulations, Section 20.33(b), prohibits dissemination of FBI criminal offender information to public or private agencies by Criminal Justice or Designated Agencies. Inquiries for nonofficial purposes or the checking of records for unauthorized persons or agencies is prohibited. A person wishing to review their criminal history record maintained by the FBI should write to: Federal Bureau of Investigation, CJIS Division, Attn: SCU, Module D2, 1000 Custer Hollow Road, Clarksburg, West Virginia, 26306. The FBI will inform the person how to obtain a copy of their record and, if necessary, how to challenge the accuracy or completeness of that record.

(4) Criminal offender information may be furnished to authorized Criminal Justice, Designated Agency, and Regional Information Sharing System employees and no person who has been convicted of a crime which could have resulted in a sentence to a federal or state penitentiary will be allowed to operate a computer terminal accessing CCH information or have access to Criminal offender information. All authorized agency or system employees as described above must be fingerprinted and the fingerprint card submitted to OSP. The fingerprint cards will be searched against the state and federal criminal record files. The “Reason Fingerprinted” may be for criminal justice employment such as “Police Officer,” “Corrections Officer” or “Access to CCH.” These fingerprint cards will be retained by OSP and entered into the CCH File. Exceptions to this rule may be made in extraordinary circumstances upon written application to the Superintendent of the Oregon State Police setting forth such circumstances. The Superintendent of OSP will maintain a central file where such exception authorization shall be filed.

(5) Screening of Criminal Justice, Designated Agency, and Regional Information Sharing System employees who have access to CCH or criminal offender information records is the responsibility of the employing agency or system.

(6) Any Criminal Justice, Designated Agency, or Regional Information Sharing System that obtains Oregon or FBI criminal offender information, either directly through that agency’s or system’s computer terminal, through the computer terminal of another agency or system, or directly from OSP, must have executed a written “Agency Agreement” with the OSP prior to such access. Any public or private agency receiving Oregon criminal offender information from the Department of Human Services or the Employment Department pursuant to ORS 181A.200(2)(d) must have executed a written “Agency Agreement” with the Department of Human Services or the Employment Department prior to receiving the information. Dissemination of Oregon criminal offender information received under authority of ORS 181A.200(2)(d) by a public or private agency is strictly prohibited.

(7) Security of computer terminals. Any computer terminal with CCH accessing capability must be physically secure and placed in a location not available to unauthorized persons. Computer terminals must be so placed that unauthorized persons may not observe the content of messages transmitted or received on such computer terminal.

(8) Security of criminal offender information records. Any Criminal Justice, Designated Agency, Regional Information Sharing System, or private entity obtaining or receiving criminal offender information shall maintain those records in secure files, available only to authorized agency employees, until they are destroyed by burning, shredding or secure and confidential recycling and shall treat those records in such a manner that the record does not become public information in any later proceeding, except through court order or as otherwise provided by law.

(9) Radio Transmission. Any radio transmission of criminal offender information records shall be limited to essential details only, with information identifying individuals and offenses concealed insofar as possible. Plain text transmission of an entire (summary or full CCH) record is prohibited.

(10) Fee for relief from the bar of purchasing/possessing a firearm. When a person barred from possessing a firearm under ORS 166.250(1)(c)(A), (B), (D) or (E) or barred from purchasing a firearm under ORS 166.470 and is granted relief from the bar by a court under ORS 166.274, the applicable fee noted in the CJIS Fee Schedule will be charged to enter and maintain this information in the CCH File as authorized under ORS 166.274(5)(b).

(11) Fee for conducting fingerprint based criminal record background check for authorized non-criminal justice purposes. The applicable fee noted in the CJIS Fee Schedule will be charged to conduct a fingerprint based criminal record background check The applicable fee will be waived as provided in ORS 181A.235(1) & (2).

( 12) Agencies authorized by Oregon Revised Statute or federal law to submit fingerprint record checks to the FBI, Identification Division via OSP, are responsible to pay the prevailing user fee charged by the FBI for those fingerprint record checks in addition to the OSP user fee, except as otherwise provided by state or federal law.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 166.291, ORS 166.412, ORS 183.310 - 183.540, ORS 181A.200, ORS 181A.230, ORS 181A.245, ORS 192.243 & ORS 194.400
Statutes/Other Implemented: ORS 166.291, ORS 166.412 & ORS 181A.875
OSP 1-2021, amend filed 08/04/2021, effective 08/04/2021
OSP 5-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 1-2011, f. 2-3-11, cert. ef. 2-28-11
Reverted to OSP 3-2005, f. & cert. ef. 9-12-05
OSP 4-2010(Temp), f. 6-29-10, cert. ef. 7-1-10 thru 12-28-10
OSP 3-2005, f. & cert. ef. 9-12-05
Reverted to OSP 1-2002, f. & cert. ef. 3-8-02
OSP 1-2005(Temp), f. & cert. ef. 3-1-05 thru 8-27-05
OSP 1-2002, f. & cert. ef. 3-8-02
OSP 3-1996, f. 5-24-96, cert. ef. 7-1-96
OSP 4-1994, f. & cert. ef. 8-2-94
OSP 4-1993, f. & cert. ef. 12-20-93
OSP 1-1992, f. 3-17-92, cert. ef. 3-18-92
OSP 1-1991, f. 5-17-91, cert. ef. 7-1-91
OSP 1-1990, f. & cert. ef. 6-4-90
DSP 1-1982, f. 3-12-82, ef. 3-15-82
DSP 3-1981, f. 10-30-81, ef. 11-1-81
DSP 1-1981, f. & ef. 5-1-81
DSP 4, f. 4-22-76, ef. 4-30-76
DSP 2, f. 6-14-74, ef. 7-11-74

Or. Admin. R. 257-010-0035 Access by Individuals for Purpose of Review and/or Challenge

(1) All individuals desiring to review information concerning them maintained in the OSP Criminal Offender Information System, or who believes that the information as maintained is inaccurate, incomplete, or maintained in violation of any state or federal statute or act, shall be entitled to review such information and obtain a copy thereof for the purpose of review, challenge or correction.

(2) Verification of such individual’s identity may only be effected through submission, in writing, of name, date of birth, and a set of rolled ink fingerprints to the Oregon State Police, Identification Services Section, 3565 Trelstad Ave SE, Salem, OR 97317. The request for review may be made at the Oregon State Police, Identification Services Section, 3565 Trelstad Ave SE, Salem, OR 97317, or through mail or postal service. The OSP may prescribe reasonable hours and places of inspection. If the request is made by mail or postal service, after positive identification by the OSP of the fingerprints submitted, copy of the record, along with the fingerprints submitted for that purpose, will be returned to the individual making the request to the address provided in the request.

(3) All data included in the Criminal Offender Information System is obtained from contributing Criminal Justice and Designated Agencies. If after review of the information concerning them as maintained, the individual believes that it is incomplete or incorrect in any respect and wishes changes, corrections, or updating of the alleged deficiency, they must make application directly to the contributor of the questioned information, requesting the appropriate agency to correct it in accordance with its respective administrative rules and procedures. Upon receipt of an official communication directly from the agency which contributed the original information, the OSP will make any changes necessary in accordance with the information supplied by the agency.

(4) Any Criminal Justice or Designated Agency receiving a record after such notice of contested case has been filed and prior to final determination, shall be notified by the OSP that the record is being challenged.

(5) All individuals desiring to obtain a copy of their Oregon criminal history or documentation of no record being maintained in the OSP Criminal Offender Information System. For purposes other than review, challenge or correction specified in (1) will be charged the applicable fee noted in the CJIS Fee Schedule for each request. Verification of the requesting individual’s identity shall only be effected through submission and positive identification of the person’s fingerprints.

(6) All individuals desiring to obtain a set of their inked fingerprints taken by Oregon State Police Identification Services Section, will be charged the applicable fee noted in the CJIS Fee Schedule for each fingerprint card provided, except as provided in ORS 181A.235.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 166.291, ORS 166.412, ORS 181A.200, OS 181A.230, ORS 181A.245, ORS 183.310 - 183.540 & ORS 192.243
Statutes/Other Implemented: ORS 166.291, ORS 166.412 & ORS 181A.875
OSP 1-2021, amend filed 08/04/2021, effective 08/04/2021
OSP 7-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 3-2005, f. & cert. ef. 9-12-05
Reverted to OSP 1-2002, f. & cert. ef. 3-8-02
OSP 1-2005(Temp), f. & cert. ef. 3-1-05 thru 8-27-05
OSP 1-2002, f. & cert. ef. 3-8-02
OSP 3-1996, f. 5-24-96, cert. ef. 7-1-96
OSP 4-1994, f. & cert. ef. 8-2-94
OSP 4-1993, f. & cert. ef. 12-20-93
OSP 1-1992, f. 3-17-92, cert. ef. 3-18-92
OSP 1-1991, f. 5-17-91, cert. ef. 7-1-91
OSP 1-1990, f. & cert. ef. 6-4-90
DSP 4, f. 4-22-76, ef. 4-30-76
DSP 2, f. 6-14-74, ef. 7-11-74

Or. Admin. R. 257-010-0041 Criminal Justice Information Services Division Fee Schedule

See Fee Schedule Attached

(Effective 9/1/2021)

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 181A.195, ORS 181A.230, ORS 181A.245, ORS 137.225, ORS 166.274, ORS 166.412 & ORS 166.291
Statutes/Other Implemented: OAR 257-010-0025, OAR 257-010-0035 & OAR 257-010-0055
OSP 2-2022, amend filed 03/23/2022, effective 03/23/2022
OSP 2-2021, temporary amend filed 08/25/2021, effective 09/01/2021 through 02/27/2022
OSP 1-2021, adopt filed 08/04/2021, effective 08/04/2021

Or. Admin. R. 257-010-0045 Violation of Rules

(1) Willful violation of Oregon Revised Statute, Executive Order or published rules relating to the Oregon Criminal Offender Information System by any authorized agency, Regional Information Sharing System, or employee may result in immediate termination of such agency’s authorization to receive such information from the Oregon and/or Federal Criminal Offender Information Systems.

(2) Reinstatement will be effected only upon demonstration by the agency or system that the cause of such violation has been corrected. Final determination as to the reinstatement of any agency or system so terminated will be the responsibility of the OSP.

History

Statutory/Other Authority: ORS 181A.230, ORS 181A.245, ORS 183.310 - 183.540 & ORS 192.234
Statutes/Other Implemented: ORS 166.291, ORS 166.412 & ORS 181A.875
OSP 8-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 1-2011, f. 2-3-11, cert. ef. 2-28-11
Reverted to OSP 4-1993, f. & cert. ef. 12-20-93
OSP 4-2010(Temp), f. 6-29-10, cert. ef. 7-1-10 thru 12-28-10
OSP 4-1993, f. & cert. ef. 12-20-93
OSP 1-1990, f. & cert. ef. 6-4-90
DSP 4, f. 4-22-76, ef. 4-30-76
DSP 2, f. 6-14-74, ef. 7-11-74

Or. Admin. R. 257-010-0050 Rights of Appeal

A Criminal Justice, Designated Agency, Regional Information Sharing System, or employee desiring to appeal any action, order, or administrative ruling by the OSP may proceed under the provisions of Rules 30.00 to 30.80 of the Attorney General's Model Rules of Practice and Procedures under the Administrative Procedure Act relating to contested cases and judicial review.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 181A.230, ORS 181A.245, ORS 183.310 - 183.540 & ORS 192.234
Statutes/Other Implemented: ORS 166.291, ORS 166.412 & ORS 181A.875
OSP 9-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 1-2011, f. 2-3-11, cert. ef. 2-28-11
Reverted to OSP 4-1993, f. & cert. ef. 12-20-93
OSP 4-2010(Temp), f. 6-29-10, cert. ef. 7-1-10 thru 12-28-10
OSP 4-1993, f. & cert. ef. 12-20-93
OSP 1-1990, f. & cert. ef. 6-4-90
DSP 4, f. 4-22-76, ef. 4-30-76
DSP 2, f. 6-14-74, ef. 7-11-74

Or. Admin. R. 257-010-0055 Firearm Instant Check System

(1) The Oregon Firearm Instant Check System is a computerization of firearm and firearm purchaser information, and is maintained by the OSP under provisions of Oregon Law. The purpose of the Firearm Instant Check System is to receive information from Oregon Gun Dealers and private citizens to determine if the person purchasing the firearm is disqualified under Oregon (ORS 166.470) and Federal Law from completing the purchase of a firearm and if the firearm being transferred is stolen.

(2) The OSP may retain a record of the information obtained during a request for a criminal records check for no more than five years.

(3) The record of the information obtained by the OSP during a request for a criminal records check by a gun dealer is exempt from disclosure under public records law.

(4) Identification required of the purchaser shall include one piece of current identification bearing a photograph and date of birth of the purchaser that is issued under the authority of the United States government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization; and is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual.

(5) If the identification presented by the purchaser under (4) of this rule does not include the current address of the purchaser, the purchaser shall present a second piece of current identification that contains the current address of the purchaser and corroborates the name on the first piece of identification. Examples of a second piece of identification that will be accepted are: current vehicle registration, current rent receipt and current utility bill.

(6) The OSP may require that the gun dealer verify the identification of the purchaser if that identity is in question by sending the thumbprints of the purchaser to the OSP, Identification Services Section. The OSP shall publish the firearms transaction thumbprint form and shall furnish the form to gun dealers on application at cost.

(7) The OSP may adopt a fee schedule for criminal history record checks and collect a fee for each criminal history record check requested. The fee schedule shall be calculated to recover the cost of performing criminal history record checks, but may not exceed the cost noted in statute per record check. The applicable fees for a firearm transfer background check are noted in the CJIS Fee Schedule.

(8) The OSP may respond to a telephone request from any person requesting that the OSP determine if the firearm is stolen.

(9) The Department of State Police shall develop a state form to be completed by a person seeking to obtain a firearm at a gun show from a transferor other than a gun dealer. The department shall consider including in the form all of the requirements for disclosure of information that are required by federal law for over-the-counter firearms transactions.

(10) The department shall make the form available to the public at no cost.

History

Statutory/Other Authority: ORS 166.291, ORS 166.412, ORS 192.243 & ORS 194.400
Statutes/Other Implemented: ORS 166.291, ORS 166.412 & ORS 181A.875
OSP 1-2021, amend filed 08/04/2021, effective 08/04/2021
OSP 10-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 2-2011, f. 2-3-11, cert. ef. 2-28-11
Reverted to OSP 1-2002, f. & cert. ef. 3-8-02
OSP 1-2010(Temp), f. 5-17-10 cert. ef. 5-28-10 thru 11-23-10
OSP 1-2002, f. & cert. ef. 3-8-02
OSP 3-1996, f. 5-24-96, cert. ef. 7-1-96

Or. Admin. R. 257-010-0060 Mental Health Information Reporting to NICS

(1) Definitions. As used in this administrative rule:

(a) “Designated Agencies” means the Oregon Department of Human Services (DHS), the Oregon Health Authority (OHA), the Psychiatric Review Board (PSRB), and the Oregon Judicial Department (OJD).

(b) “Minimum Information” means only those data elements or identifying information that is minimally or nominally necessary to accurately identify a person listed under ORS 181A.290 and who is prohibited under either 18 U.S.C. §922(d)(4) and (g)(4) from purchasing, possessing, transporting or receiving a firearm, ORS 166.250 (1)(c)(D) or (E) from possessing a firearm, or ORS 166.470 (1)(e) or (f) from receiving a firearm. “Minimum information” includes at least the person’s name, date of birth, gender and ORI number of the designated agency or originating court that originally created the underlying record or file of the person. “Minimum information” does not include any medical, psychiatric or psychological information, case histories or files of a person, or any record or file of a designated agency or originating court.

(c) “NICS” means the National Instant Criminal Background Check System mandated by the Brady Handgun Violence Prevention Act of 1993 (Pub. L. 103-159, 107 Stat. 1536).

(d) “ORI” means the Law Enforcement Data System (LEDS) and FBI National Crime Information Center (NCIC) originating agency identifier code.

(e) “Originating court” means the Oregon county circuit court that transmits a mental health record to OSP as required under either ORS 426.160 or 427.293.

(f) “Prohibited Persons File” (PPF) means a data table created by OSP that contains minimum information, as reported to OSP by the designated agencies or originating courts responsible for maintaining Oregon mental health records, for individuals that are prohibited under either 18 U.S.C. §922(d)(4) and (g)(4) from purchasing, possessing, transporting or receiving a firearm, ORS 166.250 (1)(c)(D) or (E) from possessing a firearm, or ORS 166.470 (1)(e) or (f) from receiving a firearm. This file will be maintained by OSP in LEDS. The agencies contributing to the file will be responsible for ensuring the data is accurate. Information in this file is confidential and not to be accessed for any purpose other than:

(A) Maintaining the minimum information in the PPF;

(B) Reporting minimum information to NICS as required by federal and state law;or

(2) Transmission of Existing Minimum Information to OSP and NICS.

(a) As soon as a designated agency is capable of electronically transmitting existing minimum information to OSP, the designated agency shall provide OSP with all current and former client minimum information as required under ORS 181A.290.

(b) Each designated agency shall provide all of its current and former client information to OSP in one single electronic file. The single electronic file shall contain all minimum information data elements in an electronic format that is capable of being individually searched and copied.

(c) Notwithstanding subsection (2)(b) of this rule, designated agencies may provide minimum information to OSP in a non-electronic format, on a client-by-client basis and only as approved by OSP.

(d) Given the current limitations of the Oregon Judicial Department’s information systems, OJD shall continue working with OSP and designated agencies to accomplish reconciliation of its records to those records of the other designated agencies. OJD shall continue its efforts to upgrade its information systems in order for OJD to provide minimum information to OSP as required under ORS 181A.290. Upon OJD having the capability of providing minimum information to OSP from its information systems, OJD shall provide all of its current and former minimum information to OSP in one single electronic file, as provided in section (2)(b) of this rule.

(e) Upon receipt of any designated agency’s minimum information, OSP may search, use, copy, and maintain that minimum information. OSP shall enter the minimum information into the PPF and electronically transmit it from the PPF to NICS.

(3) Transmission of Subsequent Minimum Information to OSP and NICS.

(a) Upon providing OSP with minimum information as provided under subsection 2 of this rule, designated agencies shall thereafter provide subsequent client information to OSP in electronic format, in a format approved by OSP. Designated agencies and originating courts shall electronically transmit subsequent minimum information to OSP as soon as such client minimum information becomes available for transmission and inclusion into the PPF Designated agencies shall not delay in transmitting minimum information to OSP and shall transmit minimum information to OSP immediately upon such information becoming available to the designated agency.

(b) Designated agencies shall provide minimum information data elements to OSP in an electronic format that is capable of being individually searched and copied.

(c) Upon OJD having the capability of providing minimum information to OSP from its information systems, OJD shall thereafter provide subsequent minimum information to OSP, including information from originating courts, as provided in section (3)(a) of this rule.

(d) Upon receipt of any designated agency’s minimum information, OSP may search, use, copy, and maintain that minimum information. OSP shall enter the minimum information into the PPF and electronically transmit it from the PPF to NICS on a daily basis through a secure electronic message via the Law Enforcement Message Switch (LEMS).

(e) Notwithstanding subsection (3)(b) of this rule, designated agencies may provide minimum information to OSP in a non-electronic format, on a client-by-client basis and only as approved by OSP. In the event that OSP accepts minimum information from a designated agency in a non-electronic format, OSP shall electronically enter the minimum information for that particular person into the PPF, and return the non-electronically formatted minimum information to the designated agency.

(4) PPF and Minimum Information Maintenance. OSP shall request a report from NICS every 3 months that details Oregon’s mental health prohibited person record data located in NICS for comparison with the data in the PPF. OSP shall send data discrepancies to the submitting designated agency for resolution. Based on ORI number, designated agencies may further re-direct challenges to the court of original jurisdiction for resolution. Designated agencies shall include any changes or amendments to previously submitted minimum information in their subsequent electronic transmissions of minimum information to OSP.

(5) Challenges to Minimum Information. All minimum information and data elements maintained by OSP in the PPF is the minimum information and data elements directly submitted to OSP by designated agencies. Any and all challenges to minimum information data elements submitted to OSP by a designated agency and that are contained or maintained by OSP in the PPF and transmitted to NICS will be re-directed to the submitting designated agency for resolution. Based on ORI number, designated agencies may further re-direct challenges to the court of original jurisdiction for resolution.

(6) Relief Maintenance.

(a) When the PSRB grants relief from the prohibitions under 18 U.S.C. §922(d)(4) and (g)(4) for the purchase, possession, transportation or receipt of a firearm, or grants additional or alternative relief from either the prohibition on possessing a firearm under ORS 166.250 (1)(c)(D) or (E), or the prohibition on receiving a firearm under ORS 166.470 (1)(e) or (f), the PSRB shall send the minimum information of the person for whom relief is granted electronically to OSP. Upon receipt of the minimum information from the PSRB, OSP shall update the PPF and transmit the minimum information and notification of relief to NICS on the same day OSP receives the minimum information from the PSRB.

(b) When a person files a petition for judicial review with an appellate court following a final order of the PSRB that denies relief, and the appellate court subsequently grants the person relief from the prohibitions under 18 U.S.C. §922(d)(4) and (g)(4) for the purchase, possession, transportation or receipt of a firearm, or grants additional or alternative relief from either the prohibition on possessing a firearm under ORS 166.250 (1)(c)(D) or (E), or the prohibition on receiving a firearm under ORS 166.470 (1)(e) or (f), OJD shall send the minimum information of the person for whom relief is granted electronically to OSP as provided in subsection 3(b) of this rule. Upon receipt of the minimum information from OJD, OSP shall update the PPF and transmit the minimum information and notification of relief to NICS on the same day OSP receives the minimum information from OJD.

(c) In addition to the requirements set forth in 6 (a), whenever the PSRB or an appellate court grants relief under the following circumstances, the person granted relief shall provide a certified copy of either the PSRB written final order or appellate judgment and the person’s fingerprint card to OSP for the purposes of updating the petitioner’s Computerized Criminal History:

(A) The person granted relief was found responsible except for insanity for an act under ORS 419C.411;

(B) The person granted relief was found guilty except for insanity of a crime under ORS 161.295 to 161.370 and the person has an existing criminal history; or

(C) The person granted relief was found by a court to lack fitness to proceed under ORS 161.370 and the person has an existing criminal history.

History

Statutory/Other Authority: ORS 181A.290, ORS 426.130, ORS 426.160, ORS 427.290, ORS 427.293, ORS 161.370, ORS 161.295–161.370, ORS 419C.411, ORS 161.327, ORS 161.336–161.351, ORS 419C.529–419C.544 & ORS 192.234
Statutes/Other Implemented: ORS 181A.290 & OL 2009 Ch 826
OSP 11-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 2-2012, f. & cert. ef. 5-22-12
OSP 5-2011(Temp), f. 12-13-11, cert. ef. 12-15-11 thru 6-12-12

Or. Admin. R. 257-010-0065 Permit-to-Purchase

(1) OSP shall determine the format and shall assign the unique application and permit number to each Oregon State Permit-to-Purchase application and permit that shall be used by all permit agents for Permit-to-Purchase applications. The Permit-to-Purchase application is hereby incorporated by reference.

(2) When submitting Permit-to-Purchase application packets to OSP for background checks, permit agents shall use either US Mail, hand delivery by the permit agent, or delivery by courier. The packet must include both the paper fingerprint cards and the Permit-to-Purchase application form.

(3) OSP shall create the Permit-to-Purchase format that shall be issued by all permit agents. Permit agents shall print the issued State of Oregon Permit-to-Purchase permit form in quadruplicate (four copies). The State of Oregon Permit-to-Purchase permit form is hereby incorporated by reference.

(4) Permit agents may designate permit agent responsibilities only to other Oregon law enforcement agencies and only as follows:

(a) Local police chiefs may designate permit agent responsibilities to other local police chiefs or the Oregon Sheriff having jurisdiction over the residence of a person making an application for a permit-to purchase; or

(b) An Oregon Sheriff may designate permit agent responsibilities to a local police chief having jurisdiction over the residence of a person making an application for a permit-to-purchase.

(5) Designations conducted under subsection (4) of this rule shall be made using an Intergovernmental Agreement or other similar agreement

(6) Only law enforcement agencies working in the permit agent role may initiate the fingerprint-based background check for Oregon and the FBI. A non-law enforcement agency designee may not initiate the fingerprint-based background check.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: BM 114
Statutes/Other Implemented: BM 114 & ORS 166.210 - ORS 166.490
OSP 1-2023, adopt filed 05/30/2023, effective 06/06/2023
OSP 4-2022, temporary adopt filed 12/07/2022, effective 12/08/2022 through 06/05/2023

Division 15 LAW ENFORCEMENT DATA SYSTEM (LEDS)

Or. Admin. R. 257-015-0000 Purpose of Rules

Rules adopted herein prescribe the policies and procedures for operation and use of the Oregon Law Enforcement Data System (LEDS).

History

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
OSP 12-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 1-1995, f. & cert. ef. 8-15-95

Or. Admin. R. 257-015-0010 Authority

(1) The Law Enforcement Data System (LEDS) was established by act of the 1969 Oregon Legislature (ORS 181.710) which authorized the state Executive Department to develop and operate a police information network. In 1973, the term “Police Information Network” was amended to read “Law Enforcement Data System.” Senate Bill 1044 in the 1993 legislative session transferred LEDS to the Department of Oregon State Police (ORS 181A.280).

(2) The Law Enforcement Data System is a program organized within the Intergovernmental Services Bureau of the Department of Oregon State Police. It provides a criminal justice telecommunications and information system for the State of Oregon, and is the control point for access to similar programs operated by other states and the Federal Government.

History

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
OSP 13-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 1-1995, f. & cert. ef. 8-15-95

Or. Admin. R. 257-015-0030 Definitions

(1) “LEDS” means the Department of State Police, Law Enforcement Data System.

(2) “NCIC/III” means the Federal Bureau of Investigation, National Crime Information Center/ Information Identification Index.

(3) “NLETS” means the International Justice & Public Safety Network, Incorporated. Previously known as the National Law Enforcement Telecommunications System.

(4) “Associated Systems” means any automated or manual information system which is accessible via LEDS.

(5) “Authorized User/Personnel” means an individual, or group of individuals, who have been appropriately vetted through a national fingerprint-based record check and have been granted access to criminal justice information.

(6) “Criminal Justice Information” (CJI) means all of the FBI CJIS provided data necessary for law enforcement agencies to perform their mission and enforce the laws, including but not limited to: biometric, identity history, person, organization, property (when accompanied by any personally identifiable information), and case/incident history data. Additionally, CJI refers to the FBI CJIS provided data necessary for Non-criminal justice (government) agencies to perform their mission; including, but not limited to data used to make hiring decisions.

(7) “Criminal Justice Agency” (CJA) means the following as defined by the National Crime Information Center:

(a) Courts;

(b) A government agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice; or

(c) A criminal justice agency as defined by ORS 181A.010(1), or ORS 181A.265(3) who has a statutory requirement to access Oregon criminal history records but does not qualify for access to NCIC/III access as a criminal justice agency either by definition or budget.

(8) “Criminal Justice Purpose” means: The administration of criminal justice, as defined in section (9) of this rule.

(9) The “Administration of Criminal Justice” means the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. It also includes criminal identification activities; the collection, storage, and dissemination of criminal history record information; and criminal justice employment. In addition, administration of criminal justice includes “crime prevention programs” to the extent access to criminal history record information is limited to law enforcement agencies for law enforcement programs (e.g., record checks of individuals who participate in Neighborhood Watch or “safe house” programs) and the result of such checks will not be disseminated outside the law enforcement agency.

(10) “Investigative Files” means computerized records stored in LEDS, NCIC or other state criminal justice information systems, as follows: outstanding arrest warrants and other wanted persons; missing persons; unidentified persons; restraining orders; lost or stolen identification; Psychiatric Security Review Board Orders; persons who have threatened a Secret Service protected person; Persons under the supervision of a Court or a Corrections agency; gang members; armed career criminals; Sex offender registrants; concealed handgun license records; stolen, repossessed, impounded vehicles; stolen vehicle license plates, vehicle parts, vehicle identification plates and title certificates; vehicles used in the commission of a felony; stolen and pawned firearms; stolen securities; stolen boats and associated equipment; other stolen and pawned property; other files of a similar nature which may be established to assist in law enforcement investigations or to enhance other criminal justice purposes.

(11) ”CJIS Systems Agency (CSA)” means: The agency within each state who is responsible for the state’s computer link with the National Crime Information Center (NCIC/III) and the International Justice & Public Safety Network, formerly known as the National Law Enforcement Telecommunications System (NLETS) and who is responsible for ensuring that NCIC/III and NLETS system security and operational policies and procedures are carried out within the state.

(12) “Management Control Agreement” means a written agreement between a criminal justice agency and a non-criminal justice agency as defined in the federal CJIS Security Policy.

(13) Non-Criminal Justice Agency means: An agency designated by Executive order, statute, or regulation that provides services primarily for purposes other than the administration of criminal justice but may have a need to process CJI. Examples of services include, but are not limited to, employment suitability, licensing determinations, regulatory enforcement, child welfare investigations, or the administration of information technology equipment on behalf of a state law-enforcement agency.

(14) ORI means an Agency Originating Identification Number used to access LEDS Oregon criminal justice information or information available in NCIC/III as determined allowed by the Oregon State Police CJIS Division.

History

Statutory/Other Authority: ORS 181A.280(3), ORS 181A.010 & ORS 181A.265
Statutes/Other Implemented: ORS 181A.280
OSP 3-2026, amend filed 06/24/2026, effective 06/24/2026
OSP 15-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 2-1998, f. & cert. ef. 10-6-98
OSP 1-1995, f. & cert. ef. 8-15-95

Or. Admin. R. 257-015-0040 LEDS Responsibilities

The general responsibilities of the Law Enforcement Data System program are as follows:

(1) Develop and operate a computerized criminal justice telecommunications and information system providing message switching and record storage and retrieval capabilities.

(2) Provide a level of training adequate to enable effective use of LEDS and associated systems.

(3) Function as the NCIC Control Terminal Agency and the NLETS Control Terminal Agency for the State of Oregon.

(4) Assist and train criminal justice agencies in the development of information from LEDS and associated systems for use in criminal investigations.

(5) Develop and maintain linkages with the Driver and Motor Vehicle Services Branch (DMV), the State Marine Board, the Public Utility Commission, and other non-criminal justice agencies to make appropriate information available to Oregon criminal justice agencies to assist in the enforcement of state criminal and traffic laws and regulations.

(6) Provide staff support to the Law Enforcement Data System Advisory Committee.

(7) Develop and operate the State Uniform Crime Reporting Program to collect crime statistics information from local and state law enforcement agencies; provide information to the public, the Governor, the Legislature, contributing agencies, and others who have a responsibility for the prevention or reduction of crime.

(8) Provide monthly and annual Oregon crime statistics information to the Federal Bureau of Investigation to satisfy national uniform crime reporting program requirements.

(9) Operate a program of record validation, quality control, and audits to ensure that records entered into LEDS and NCIC files by user agencies are kept accurate and complete and that compliance with state and national standards is maintained.

(10) Provide assistance and information access to non-criminal justice user agencies for statutory licensing, employment and regulatory purposes and for other purposes authorized by law.

History

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
OSP 16-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 2-1998, f. & cert. ef. 10-6-98
OSP 1-1995, f. & cert. ef. 8-15-95

Or. Admin. R. 257-015-0050 User Responsibilities

(1) “User Agreement” — Any agency using a terminal to access the Law Enforcement Data System, whether directly or through another agency, is responsible for adhering to all applicable LEDS rules and policies and must sign an agreement with LEDS to that effect.

(2) “Record Validation” — Any agency that enters information into LEDS or NCIC files is responsible for the accuracy, timeliness and completeness of that information. LEDS will send a record validation review list, regularly, to each agency. Validation is accomplished by reviewing the original entry and current supporting documents. Recent reconsultation with any appropriate complainant, victim, prosecutor, court, motor vehicle registry files, or other appropriate source or individual also is required with respect to the Wanted Person, Missing Person, and Vehicle Files. In the event the agency is unsuccessful in its attempts to contact the victim, complainant, etc., the entering authority must make a determination based on the best information and knowledge available whether or not to retain the original entry in the file. Validation procedures must be formalized and copies of these procedures must be on file for review during a LEDS or NCIC audit. When the agency has completed the validation they must return a signed certification of their validity within an appropriate time as established by LEDS.

(3) “Minimum Training” — Each agency employee who operates a terminal to access the LEDS network must complete a LEDS System Training Guide at a level consistent with the employee’s duties. Pursuant to procedures outlined in the LEDS Operating Manual, the agency LEDS Representative must issue a Training Guide to such employees within ten (10) calendar days of the person beginning to access LEDS via a terminal. The Training Guide must be completed within 60 calendar days from the date of issue. Each employee who operates a terminal to access LEDS must be re-certified by the agency every two years per schedules and procedures as prescribed by LEDS.

(4) “Hit Confirmation” — When another agency receives a positive record response (Hit) from LEDS or NCIC and requests confirmation of the status of the record (warrant, stolen vehicle, etc.), the agency responsible for entry of the record must respond within 10 minutes for urgent hit confirmation requests or within one (1) hour for routine hit confirmation requests, with an answer indicating the status of the record or indicating when the record status will be confirmed.

(5) “Agency LEDS Representatives” — The agency administrator of each agency with terminal access to LEDS must designate an agency LEDS Representative who shall be the primary contact for all matters relating to use of LEDS by the agency. The agency LEDS Representative must complete the LEDS System Training Guide before a training guide will be issued to other agency employees. The agency LEDS Representative must complete a LEDS System Training Guide at the highest level required by any person in the agency before a training guide will be issued to other agency personnel. Every LEDS Representative must satisfactorily complete no less than the Inquiry Level Training Guide.

(6) “Background Checks of Terminal Operators Required” — Policies for access to the FBI-NCIC system require background screening of all terminal operators with access to the NCIC system. For efficiency and consistency, the key elements of the NCIC background screening policies are also adopted for all LEDS access, as follows:

(a) Appropriate Background investigations, including a check of LEDS and NCIC fugitive warrant files, the Oregon computerized criminal history (CCH) system, and the FBI Interstate Identification Index (III), must be conducted on all terminal operators with LEDS access. To assure positive identification, submission of a completed applicant fingerprint card to the FBI Identification Division through the Oregon State Police Identification Services Section is also required;

(b) If the applicant is found to be a fugitive or to be the subject of a current prosecution, access will be denied. If the applicant has been convicted of a crime which could have resulted in a sentence to a Federal or State penitentiary, access will be denied;

(c) Exceptions to denials based upon prior criminal convictions may be made in extraordinary circumstances upon application by the user agency to the Superintendent of State Police setting forth the circumstances. The Superintendent or his/her designee will maintain a central file where such exception authorizations shall be filed.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
OSP 17-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 1-1995, f. & cert. ef. 8-15-95

Or. Admin. R. 257-015-0060 Information Access and Dissemination

Information is made available to LEDS users from various sources and agencies, including LEDS and other state information system files, motor vehicle departments, NCIC, Oregon State Police Identification Services Section, etc. Each user must observe any restrictions placed on the use or dissemination of information by its source. It is LEDS’ responsibility to advise user agencies of any restrictions which apply to any information accessed via the Law Enforcement Data System.

(1) Investigative Files: Information from investigative files maintained by LEDS, NCIC, or other agencies is for criminal justice use only and is not to be disseminated to any person for other than an official criminal justice purpose. Inquiries from the public regarding the status of an investigative file should be referred to the agency holding the case.

(2) Oregon Computerized Criminal History Records (CCH):

(a) Oregon criminal history records are available via LEDS, from the Oregon State Police Computerized Criminal History Files, to agencies which are authorized by the Oregon State Police.

(b) All agencies accessing the Oregon CCH files must have a signed agreement with the Oregon State Police and must adhere to Oregon Administrative Rules (OAR) 257-010-0025 through 257-010-0050 adopted by the Department of State Police.

(3) Federal Bureau of Investigation — Interstate Identification Index (FBI-III): The Federal Bureau of Investigation maintains the Interstate Criminal Identification Index which is available through LEDS. Access to this information is restricted to criminal justice agencies, as defined in OAR 257-015-0030(7), in the discharge of their official responsibilities, or to non-criminal justice agencies which provide services to criminal justice agencies, and which have signed a management control agreement with a criminal justice agency as defined in OAR 257-015-0030(12).

(4) Oregon Motor Vehicle and Driver Records:

(a) Oregon motor vehicle registration and driving records are the responsibility of the Oregon Department of Transportation, Driver and Motor Vehicle Services Branch (DMV). Government agencies in Oregon have access to these records via LEDS for authorized criminal justice purposes and for licensing, employment and regulatory purposes specifically authorized by State Law and approved in writing by DMV. Communication, dissemination, or use of this information for other than authorized purposes is prohibited.

(b) Authorized purposes do not include inquiries for the collection of taxes and parking violation fees or fines;

(A) Enforcement of state traffic and criminal laws, and regulations;

(B) Identification of vehicles which have been towed or impounded by police;

(D) Identification of vehicles or individuals associated with criminal investigations;

(E) Review of driving and registration records for prosecution and sentencing functions;

(F) Processing of school bus driver applications by the State Department of Education;

(G) Access to vehicle registration information by fire and rescue agencies in emergency situations where waiting for the availability of a law enforcement officer would compound the emergency;

(H) The identification of vehicles or individuals associated with the Weighmaster enforcement function;

(I) Inquiries for licensing, employment and regulatory purposes authorized by State law and approved in writing by DMV.

(d) Inquiries for any purpose other than those specified in paragraphs (4)(c)(A)–(4)(c)(I) of this section must be directed to the department of Transportation, Driver and Motor Vehicle Services Branch (DMV) by telephone or by mail, together with the proper fee or account number. Violations of these policies may result in the suspension or termination of motor vehicle records access.

(5) The International Justice & Public Safety Network, formerly known as the National Law Enforcement Telecommunications System (NLETS) Access: NLETS provides a link to criminal justice information systems in other states for the purpose of point-to-point communications between criminal justice agencies and for access to information systems. Access to criminal history records in other states, via NLETS, is restricted to criminal justice agencies, as defined in OAR 257-015-0030(7). Access to motor vehicle records in other states and the use of the agency-to-agency communication facilities may be limited by NLETS policies or policies in other states.

(6) Corrections Offender Records:

(a) The Corrections Offender File contains records of persons under the active supervision (probation, parole, other non-custodial supervision) of a state or local or federal corrections agency. Entries and changes to this file are the responsibility of the supervising state or local or federal corrections agency.

(b) Access to Corrections offender records via LEDS is restricted to criminal justice agencies for criminal justice purposes.

(7) Administrative Messages: An administrative message (AM) is a free text message for sending messages from one agency to one or more agencies. Use of administrative messages via LEDS is restricted to authorized or designated criminal justice agencies as defined in ORS 181A.010 and ORS 181A.265. Emergency public safety messages may be transmitted by authorized or designated criminal justice agencies.

(a) Emergency public safety messages may be transmitted from non-criminal agencies with responsibilities for such messages through an agreement with a law enforcement agency or a criminal justice agency for subjects such as storm warnings, disaster warnings, road conditions, etc.

(b) Messages from agencies recruiting for personnel are not to be sent as all points bulletins or area broadcast messages. They may be sent to LEDS. LEDS will then compile and transmit a consolidated bulletin weekly, or as needed.

(c) Messages from agencies regarding equipment wanted, or for sale, are not to be sent as all points bulletins or area broadcast messages. They may be sent to LEDS. LEDS will then compile and transmit a consolidated bulletin weekly, or as needed.

(d) Announcements of meetings of recognized criminal justice professional organizations may be sent by the authorized officers of such organizations.

(e) Announcements of official inter-departmental or intra-departmental activities such as training classes, shooting tournaments and other organized professional competition or sports events, public service projects, etc., may be sent by the criminal justice agency responsible for scheduling the activity. The addressees of such announcements should be limited to those participating in, or interested in, the activity.

(f) Use of LEDS for promotion of a particular political point of view (lobbying) regarding proposed legislation, elections, or other issues is prohibited. However, this does not preclude information announcements of association meetings, hearings, or other forums where such issues will be discussed.

(8) Demonstration or Display of Records: Any public demonstration involving the display of records or communication received via LEDS shall be confined to information pertaining to the individual performing the demonstration or to appropriate test records.

History

Statutory/Other Authority: ORS 181A.280(3), ORS 181A.010, ORS 181A.265, ORS 802.179 & ORS 802.181
Statutes/Other Implemented: ORS 181A.280
OSP 3-2026, amend filed 06/24/2026, effective 06/24/2026
OSP 5-2022, minor correction filed 12/15/2022, effective 12/15/2022
OSP 18-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 2-1998, f. & cert. ef. 10-6-98
OSP 1-1995, f. & cert. ef. 8-15-95

Or. Admin. R. 257-015-0070 System Security and Privacy

The data stored in the LEDS, NCIC, and other criminal justice information system files is documented criminal justice information. This information must be protected to ensure its integrity and its correct, legal and efficient storage, dissemination and use. It is incumbent upon and agency operating a LEDS terminal, or a terminal on another system which has access to the LEDS network, to implement the procedures necessary to make the terminal secure from any unauthorized use. All agency personnel authorized to access the LEDS network must be instructed in the proper use and dissemination of the information.

History

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
OSP 19-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 1-1995, f. & cert. ef. 8-15-95

Or. Admin. R. 257-015-0080 Criteria for ORI Access to LEDS and or NCIC/III

Oregon State Police CJIS division uses the following criteria to determine if an agency qualifies for access to the National Criminal Information Center (NCIC/III), or for access to the LEDS Oregon criminal justice information network. Agencies may request an ORI by contacting CJIS Division and providing required documentation and justification for the request. Requests for full access, criminal justice ORIs are first reviewed by the Oregon State Police CJIS division and forwarded to the FBI for further approval and assignment. Oregon only access ORIs may be approved and assigned by the Oregon State CJIS Division.

(1) The agency is a criminal justice agency as defined in OAR 257-015-0030(7) and qualifies for access to NCIC/III via an ORI for the administration of criminal justice as defined in OAR 257-015-0030(9) and has been approved for access by the FBI CJIS Division; or

(2) The agency is a public safety dispatching service agency which provides computer aided services, dispatching support, or other direct support service to one or more criminal justice agencies, and which has signed a management control agreement with a criminal justice agency; or

(3) The agency is a non-criminal justice agency with a statutory requirement to access limited criminal justice information which may be available via LEDS, and use of the information will be for a criminal justice purpose as defined in OAR 257-015-0030(9); or

(4) The agency is a non-criminal justice social services agency which performs child welfare protection duties under a state statute or federal law.

(5) The agency is a non-criminal justice agency with statutory requirement to use Oregon criminal justice information or capabilities which may be available via LEDS, and use of an ORI by the agency will be for the specific non-criminal justice purpose(s) for which the agency is authorized access to the information or capabilities available via LEDS, and the agency has been approved for access to Oregon criminal justice information by the Oregon State Police CJIS Division.

History

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
OSP 4-2026, minor correction filed 07/28/2026, effective 07/28/2026
OSP 3-2026, amend filed 06/24/2026, effective 06/24/2026
OSP 2-2025, amend filed 03/31/2025, effective 04/01/2025
OSP 20-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 2-1998, f. & cert. ef. 10-6-98
OSP 1-1995, f. & cert. ef. 8-15-95

Or. Admin. R. 257-015-0090 Criteria for Revocation of Terminal or Informational Access to LEDS

The authorization of any agency to access the LEDS network or associated systems or to retain access is subject to revocation or cancellation by LEDS on the following grounds:

(1) Violation by the agency or a by a member of the agency of any state statute, administrative rule, or policy pertaining to the use of LEDS or associated systems.

(2) Violation of the security of the LEDS system.

(3) Accessing, retrieving or using information from or through the LEDS system for non-official or unauthorized purposes.

History

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
OSP 21-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 1-1995, f. & cert. ef. 8-15-95

Or. Admin. R. 257-015-0100 Criteria for Computer Access to the LEDS Network

(1) A local or state government computer center may be given direct access to the LEDS network if the agency operating the computer is a criminal justice agency. If the agency operating the computer is not a criminal justice agency, then there must be a current management control agreement in effect between the computer center management and one of the criminal justice agencies served by the computer center.

(2) The criteria for allowing terminal access to LEDS are described in OAR 257-015-0080. A local or state computer system connected to LEDS may allow such access after giving written notification to the LEDS Director, including the identification of the agency requesting access, the terminal identifier, and other information needed by LEDS to ensure proper authorization.

History

Statutory/Other Authority: ORS 181A.280(3)
Statutes/Other Implemented: ORS 181A.280
OSP 22-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 2-1998, f. & cert. ef. 10-6-98
OSP 1-1995, f. & cert. ef. 8-15-95

Division 20 PUBLIC RECORDS

Or. Admin. R. 257-020-0010 Public Records Access and Fees

(1) The Department of State Police may require any request for public records be made in writing.

(2) The Department may charge fees to cover its reasonable costs in responding to requests for public records:

(a) The Department will establish a schedule of fees. The schedule may be amended from time to time to reflect changes in the actual costs incurred by the Department. The fee schedule is available to any person from the Department without charge.

(b) The Department may prepare an estimate of the cost of responding to any request for public records, and the Department shall prepare an estimate when requested by the person making the request for records.

(c) The Department may require payment of all or a portion of estimated costs prior to making the requested records available.

(d) The Department at its discretion may waive fees.

History

Statutory/Other Authority: ORS 181A.235 & ORS 192
Statutes/Other Implemented: ORS 192
OSP 23-2019, minor correction filed 01/03/2019, effective 01/03/2019
OSP 2-2002, f. 4-4-02, cert. ef. 4-5-02

Division 25 FIELD SOBRIETY TESTS

Or. Admin. R. 257-025-0000 Statement of Purpose

The purpose of these rules is to implement and interpret ORS Chapters 801 and 813 with regard to field sobriety tests. The Department of State Police is empowered to make rules interpreting and implementing the described statutes. It is intended by these rules to standardize field sobriety tests throughout the state.

History

Statutory/Other Authority: ORS 801.272
Statutes/Other Implemented: ORS 801.272 & 813.135
OSP 2-1997, f. & cert. ef. 5-22-97
OSP 5-1996(Temp), f. & cert. ef. 12-20-96
OSP 4-1996, f. & cert. ef. 7-16-96
OSP 5-1989, f. 12-27-89, cert. ef. 1-15-90

Or. Admin. R. 257-025-0005 General Requirements of ORS 801.272

ORS 801.272 generally provides that the Oregon State Police approve by rule, after consultation with the Board on Public Safety Standards and Training (BPSST), physical and/or mental tests that enable a police officer or trier of fact to screen for or detect evidence of physical condition that indicates probable impairment from intoxicating liquor, a controlled substance or a combination of intoxicating liquor and controlled substance. Tests meeting the requirements of ORS 801.272 are defined as field sobriety tests and are listed and described in OAR 257-025-0012 and 257-025-0020.

History

Statutory/Other Authority: ORS 801.272
Statutes/Other Implemented: ORS 801.272
OSP 4-1996, f. & cert. ef. 7-16-96
OSP 4-1992, f. & cert. ef. 12-16-92
OSP 5-1989, f. 12-27-89, cert. ef. 1-15-90

Or. Admin. R. 257-025-0010 Acts, Signs, and Symptoms of Intoxicant Impairment

The following acts, signs or symptoms are, typically, present in circumstances of intoxicant impairment. They are not field sobriety tests. A police officer may testify to their presence at any proceeding, criminal or civil, resulting from a DUII (driving under the influence of intoxicants) arrest. These acts, signs and symptoms include, but are not limited to:

(1) Difficulty in walking or unusual walking.

(2) Difficulty standing.

(3) Difficulty following directions.

(4) Odor of alcoholic beverage on the breath.

(5) Flushed or pale appearance.

(6) Speech difficulties or unusual speech patterns.

(7) Disorderly or unusual conduct or demeanor.

(8) Lack of muscular coordination or muscular tremors.

(9) Evidence of mental disturbance.

(10) Visual disorders or difficulties.

(11) Sleepiness or drowsiness.

(12) Dizziness.

(13) Nausea or vomiting.

(14) Mood swings.

(15) Difficultly with divided attention.

(16) Bloodshot and/or watery and/or glassy eyes.

History

Statutory/Other Authority: ORS 801.272
Statutes/Other Implemented: ORS 801.272
OSP 2-1997, f. & cert. ef. 5-22-97
OSP 5-1996(Temp), f. & cert. ef. 12-20-96
OSP 4-1996, f. & cert. ef. 7-16-96
OSP 5-1989, f. 12-27-89, cert. ef. 1-15-90

Or. Admin. R. 257-025-0012 Approved Field Sobriety Tests

(1) The following “field sobriety tests,” as that phrase is defined by ORS. 801.272, are approved by the Department of State Police, after consultation with the Board on Public Safety Standards and Training (BPSST), for use by sworn police officers:

(a) Horizontal Gaze Nystagmus (HGN);

(b) Walk and turn test;

(d) Modified Finger to Nose Test;

(e) Finger Count;

(f) Alphabet;

(g) Counting;

(h) Internal Clock;

(i) Romberg Balance Test.

(2) The following additional approved tests may be performed by police officers who have completed the 8-hour “Drugs That Impair Driving” curriculum:

(a) Lack of Convergence Test;

(b) Pupil Size Estimation;

(3) Officers trained and approved by the Oregon State Police as a Drug Recognition Expert (DRE) may utilize any of the above listed tests plus the following approved tests which are only included in the DRE training. Tests which may be utilized upon successful completion of the 72-hours of DRE training include:

(a) Physical examination tests including the following: the person’s vital signs (pulse, temperature and blood pressure); the person’s psychophysical responses (coordination of mind and body); signs of administration of drugs (injection sites, etc.); eye responses (horizontal/vertical gaze nystagmus, eye convergence, pupil size under varying light intensities); and physical and behavioral characteristics (muscle rigidity or flaccidity, hyperactivity, etc.).

(4) These rules are necessary for the implementation of ORS 801.272. No stop, arrest, civil or criminal proceeding commenced prior to the effective date of these rules is affected by the requirements of these rules.

History

Statutory/Other Authority: ORS 801.272
Statutes/Other Implemented: ORS 801.272
OSP 2-1997, f. & cert. ef. 5-22-97
OSP 5-1996(Temp), f. & cert. ef. 12-20-96
OSP 4-1996, f. & cert. ef. 7-16-96

Or. Admin. R. 257-025-0020 Conducting Approved Field Sobriety Tests

(1) Nothing in this rule prohibits the police officer from providing additional information to the person asked or requested to take the field sobriety tests that the officer considers convenient or appropriate. By way of example, but not limitation, the officer may orally describe some or all of the tests intended to be administered. Prior to the administration of each field sobriety test, the officer shall generally explain the field sobriety test to the person requested to take the test. The field sobriety tests shall be administered substantially as described below. Each field sobriety test, as described below, is specifically found to meet the requirements of ORS 801.272:

(a) Horizontal Gaze Nystagmus: The police officer must have received training in the administration of the Horizontal Gaze Nystagmus (HGN) test by the Oregon State Police, BPSST, or other governmental entity prior to its administration under this rule. The officer shall use a stimulus (such as a finger, pencil or penlight) held vertically in front of the person’s face approximately 12 to 15 inches away from the person’s face. The person tested must hold their head still. The officer, during the administration of the testing procedures, should conduct the testing procedures in the order listed unless circumstances or conditions dictate otherwise:

(A) The officer shall move the stimulus from the center of the face to the side, checking for the lack of smooth pursuit of the eyes as they track the stimulus;

(B) The officer shall check for distinct nystagmus at the maximum deviation of each eye;

(b) Walk and Turn Test: The officer will instruct the person, while standing, to place the person’s left foot on a line (if no line is available, use a general direction for the person to walk an imaginary line) then place the right foot on the line with the heel of that foot ahead of the toes of the left foot. Instruct the person to take nine steps down the line, keeping arms at sides, looking at feet, and counting each step while walking heel-to-toe. Instruct the person how to turn (at the discretion of the officer) and to walk back in the same manner previously described. Generally demonstrate the test.

(c) One Leg Stand: Instruct the person to stand straight with the person’s feet together and arms at the sides. Instruct the person to raise one foot approximately six inches off the ground while looking at the foot, and to count “1001, 1002, 1003,” etc., until told to stop by the officer. The officer will then time the person for thirty seconds. The person will count 1001, 1002, 1003, etc., until told to stop by the officer. The officer may conduct the same test with the other foot. Generally demonstrate the test.

(d) Romberg Balance Test:

(A) Instruct the person to stand straight with feet together with arms at the person’s sides.

(B) While standing as described above, instruct the person to tilt their head backward, close their eyes and estimate the passage of thirty seconds before opening their eyes again. Generally demonstrate the test.

(e) Modified Finger to Nose Test: Instruct the person to stand straight with heels together, eyes closed, arms at sides, and head tilted back. Instruct the person to touch the end of the person’s nose with end of the index finger by bringing the person’s arm and hand from the person’s side directly to the end of the nose. Have the person repeat for the other index finger and repeat the test in the same manner, if deemed appropriate. Generally demonstrate the test.

(f) Finger count: Have the person hold a hand out and touch each of the four fingers with the thumb of that hand and count 1-2-3-4, 4-3-2-1, or any other order deemed appropriate by the officer. Generally demonstrate the test.

(g) Alphabet: Have the person say the alphabet or any portion of the alphabet the officer may choose. This test may be used as part of the Romberg test.

(h) Counting: Have the person count any length of numbers, forward or backward, as the officer may require. This test may be used as part of the Romberg test.

(i) Internal Clock: Ask the person to tell you when 30 seconds has elapsed. Time the person’s estimation.

(2) Pursuant to OAR 257-025-0012 a police officer may administer any, all, or none of the field sobriety tests described in this rule as deemed appropriate in the sole discretion of the police officer.

History

Statutory/Other Authority: ORS 801.272
Statutes/Other Implemented: ORS 801.272
OSP 2-1997, f. & cert. ef. 5-22-97
OSP 5-1996(Temp), f. & cert. ef. 12-20-96
OSP 4-1996, f. & cert. ef. 7-16-96
OSP 4-1992, f. & cert. ef. 12-16-92
OSP 5-1989, f. 12-27-89, cert. ef. 1-15-90

Or. Admin. R. 257-025-0025 Effective Date

These rules take effect upon filing.

History

Statutory/Other Authority: ORS 801.272
Statutes/Other Implemented: ORS 801.272
OSP 2-1997, f. & cert. ef. 5-22-97
OSP 5-1996(Temp), f. & cert. ef. 12-20-96
OSP 4-1996, f. & cert. ef. 7-16-96
OSP 5-1989, f. 12-27-89, cert. ef. 1-15-90

Division 30 ALCOHOL BREATH TESTING

Or. Admin. R. 257-030-0040 Criteria for Approval of Breath Testing Equipment

Any instrument or equipment to be used for the testing of a person’s breath to determine the alcohol content of the blood may be approved by the Oregon State Police if one or more of the following criteria are met:

(1) Submission by the manufacturer or distributor of the instrument of at least two reports of studies correlating blood analysis and breath tests performed with this instrument, conducted by two separate laboratories of governmental health or law enforcement agencies, or independent organizations, financially unrelated to the manufacturer or distributor of such instruments.

(2) Provision of a production model of the instrument by the manufacturer or distributor to the Oregon State Police for a sufficient period of time to allow Oregon State Police technician(s) to conduct sufficient investigation and laboratory tests to adequately ascertain accuracy and reproducibility of the breath testing equipment.

(3) Those instruments which have been found by the National Highway Traffic Safety Administration to conform to the model specifications for evidential breath testing devices, and which are listed on the Conforming Products List in the Federal Register.

(4) Subsequent series of above instruments, so long as the subsequent changes and series do not diminish the instrument’s ability to accurately determine blood alcohol content.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183.335 & 813
Statutes/Other Implemented: ORS 813.160
OSP 5-2026, repeal filed 09/11/2026, effective 10/01/2026
OSP 1-1996, f. & cert. ef. 3-22-96
OSP 1-1993, f. 1-19-93, cert. ef. 1-20-93
OSP 2-1992, f. 7-20-92, cert. ef. 9-1-92

Or. Admin. R. 257-030-0050 Definitions

As used in these rules, “Chemical Test” and “Chemical Analysis” both mean a quantitative analysis for alcohol by means of direct or indirect measurement of physicochemical technique performed on a sample of breath.

History

Statutory/Other Authority: ORS 183.335 & 813.160
Statutes/Other Implemented: ORS 813.160
OSP 5-2026, repeal filed 09/11/2026, effective 10/01/2026
OSP 2-1992, f. 7-20-92, cert. ef. 9-1-92

Or. Admin. R. 257-030-0060 Approved Breath Testing Equipment

The following breath testing equipment is approved under OAR 257-030-0040 for performing chemical analysis of a person’s breath: The Intoxilyzer 5000:

(1) Reports of correlation studies furnished by the manufacturer(s) are maintained by the Oregon State Police.

(2) Correlation studies performed with the Intoxilyzer 5000 by Oregon State Police technician(s) are incorporated as Appendix 1: Studies Performed with the Intoxilyzer® 5000.

[ED. NOTE: Appendices referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183.335 & 813.160
Statutes/Other Implemented: ORS 813.160
OSP 5-2026, repeal filed 09/11/2026, effective 10/01/2026
OSP 3-2006, f. & cert. ef. 11-22-06
OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06
OSP 2-1996, f. & cert. ef. 3-22-96
OSP 3-1993, f. & cert. ef. 11-8-93
OSP 1-1993, f. 1-19-93, cert. ef. 1-20-93
OSP 2-1992, f. 7-20-92, cert. ef. 9-1-92

Or. Admin. R. 257-030-0070 Approved Methods for Operating the Intoxilyzer 5000

The following method of performing Chemical Analysis of a subject’s breath is approved for the Intoxilyzer 5000:

(1) Test Identification: A check list containing an outline of the approved procedures shall be used and completed by all operators of this instrument.

(2) Pre-Test Requirement:

(a) The operator is certain that the subject has not taken anything by mouth (drinking, smoking, eating, taking medication, etc.), vomited, or regurgitated liquid from the stomach into mouth, for at least fifteen minutes before taking the test;

(b) There is no requirement that the operator be the person who makes observation of the subject. The person performing the Pre-Test Requirement (observation period) need not possess a permit to test the alcoholic content of blood.

(3) Test Procedure:

(a) Ensure that the “Power” switch is on and the instrument is out of the “Not Ready” stage;

(b) Push “Start Test” button to initiate testing sequence;

(d) After instructing the subject on how to give a proper breath sample, have the subject provide a breath sample when “Please Blow” appears on the display;

(e) Remove the test record card with printout of test results.

(4) Testing Sequence: The testing sequence the instrument follows will be:

(a) Diagnostics: The instrument will perform a complete diagnostic check on its components and operational standards. If all the operational parameters are proper, the instrument will proceed to the next step;

(b) Air Blank: The instrument will draw in outside air to purge the unit of any alcohol or other material which may be present in the sample cell. It is also looking at the operational environment and analyzing for any possible contaminant which may be present in the room air. If all parameters are met, the instrument will proceed to the next step;

(c) Subject Test: At this time the instrument will display “Please Blow”. The subject is instructed on how to give a proper breath sample. The subject has approximately three minutes to comply with this request. The subject test phase has been completed and will proceed to the next step when:

(A) The instrument has accepted the breath sample and displayed the result; or

(B) The subject test is aborted by action of the operator or by the instrument; or

(D) The operator has depressed the Start Test button to indicate a refusal.

(d) Air Blank: This air blank is to purge the instrument of the collected sample and once again check the operational environment for any possible contaminants. If all parameters are proper the instrument will print the testing sequence information and display “Test Complete”. If the post sample check is improper the instrument will abort the test and an error message will be displayed;

(e) Evidence Card: The final phase of the analysis is the printing of the evidence card. If all parameters and every operational aspect of the instrument were proper, a completed evidence card is received. If at any time there was a malfunction, error or condition that would affect the validity of the test, or any section of the instrument was not in perfect working order, the test would have been aborted and a completed evidence card would not be received.

(5) “Completed” Evidence Card: A “Completed” evidence card is one which indicates a breath test result, a refusal, or the presence of an interfering substance:

(a) An evidence card obtained using the “Reprint” option contains the identical information as would be printed on the original card and may be used in addition to or in place of the original test card;

(b) The operator shall record the following information on the evidence card: Name and date of birth of the subject tested, operator’s name and breath test permit number;

(c) If the subject did not provide an adequate breath sample within the three minute request period, the instrument will indicate “Insufficient” and print an asterisk (*) before the “Subject Test” result, and “*Insufficient Sample — Value printed was highest obtained”. The value printed is an accurate measurement of the sample provided and is equal to or less than the subject’s actual blood alcohol value;

(d) If during the three minute request period the subject refuses, through some willful act, to follow the instructions to provide an adequate breath sample, the operator may depress the “Start Test” button to terminate the breath test request phase. The instrument will indicate “Refused” and print “Subject Test Refused”. A printed test record card, as described in this subsection, is not required to document the operator’s decision to terminate the breath test request phase as “Refused”.

(e) If the instrument detects the presence of acetone or other substances which could interfere with the instrument’s ability to accurately measure the amount of ethyl alcohol in the breath, the message “Interf Detected” will be displayed and the test will be aborted. The printout on the test record will indicate “Invalid Test *Interferant Detected”. This is a completed test and the operator should not restart the testing sequence.

(6) Incomplete Evidence Card: The following conditions will result in an incomplete evidence card:

(a) If the subject did not provide a breath sample or blow with sufficient force to activate the breath pressure sensor at any time within the three minute request period, the instrument will indicate “No Sample Given” and print an asterisk (*) before “Subject Test” and “*No Sample Given”. If the evidence card indicates “*No Sample Given”, the operator should restart the testing sequence and proceed until a completed evidence card is obtained or until the subject refuses;

(b) If the operator receives an error message and print out from the instrument, such as “Invalid Test” (not to include “Invalid Test *Interferant Detected”), “Residual Alcohol Present”, “Inhibited.RFI”, “Invalid Mode”, “Check Ambient Conditions”, etc., the operator should take corrective action as outlined in the Intoxilyzer 5000 Student Manual, and restart the testing sequence. Nothing in this subsection precludes an operator from terminating the breath testing sequence as “Refused” if the subject refuses, through a willful act, to follow the instructions of the operator. A printed test record card, as described in section (5) (d), is not required to document the operator’s decision to terminate the breath test sequence as “Refused”.

(7) Failure to record information specified in section (1) and subsection (5)(b) of this rule does not invalidate the test result obtained if the procedures were followed.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183.335 & 813
Statutes/Other Implemented: ORS 813.160
OSP 5-2026, repeal filed 09/11/2026, effective 10/01/2026
OSP 3-2006, f. & cert. ef. 11-22-06
OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06
OSP 1-1996, f. & cert. ef. 3-22-96
OSP 3-1993, f. & cert. ef. 11-8-93
OSP 2-1993(Temp), f. & cert. ef. 9-23-93
OSP 1-1993, f. 1-19-93, cert. ef. 1-20-93
OSP 2-1992, f. 7-20-92, cert. ef. 9-1-92

Or. Admin. R. 257-030-0080 Qualifications of Breath Test Equipment Operators

(1) No individual shall operate approved breath testing equipment to determine the alcoholic content of the blood of a person in accordance with the provisions of ORS 813.160 unless that individual has been issued a permit to operate such equipment by the Oregon State Police.

(2) To qualify for training and to obtain a permit for the operation of approved breath testing equipment, an individual must be a police officer as defined in ORS 801.395 or a trained technician of the Oregon State Police. The term police officer includes reserve police officer.

History

Statutory/Other Authority: ORS 183.335 & 813.160
Statutes/Other Implemented: ORS 813.160
OSP 5-2026, repeal filed 09/11/2026, effective 10/01/2026
OSP 1-1996, f. & cert. ef. 3-22-96
OSP 1-1993, f. 1-19-93, cert. ef. 1-20-93
OSP 2-1992, f. 7-20-92, cert. ef. 9-1-92

Or. Admin. R. 257-030-0090 Training for Operators of Breath Test Equipment

(1) The Oregon State Police, or instructors approved by the Oregon State Police will provide a course of instruction as provided in ORS 813.160.

(2) Upon completion of the course of instruction, a written examination will be given and a passing grade of 80 percent or above will be required. Each officer or technician obtaining a passing grade will be issued a permit by the Oregon State Police stating the method and equipment the officer or technician is qualified to operate.

History

Statutory/Other Authority: ORS 183.335 & 813.160
Statutes/Other Implemented: ORS 813.160
OSP 5-2026, repeal filed 09/11/2026, effective 10/01/2026
OSP 1-1993, f. 1-19-93, cert. ef. 1-20-93
OSP 2-1992, f. 7-20-92, cert. ef. 9-1-92

Or. Admin. R. 257-030-0100 Certification of Accuracy of Breath Test Equipment

A trained technician of the Oregon State Police will conduct an accuracy test of approved breath testing equipment and shall certify the accuracy of the equipment if accuracy test performance is within a range of 0.010 high to 0.020 low of the expected value. The testing can be performed by either an on site test, or by remote testing via telephone modem utilizing a computer. The computerized testing will utilize a security system to ensure the integrity of the scientific testing of the breath test equipment.

History

Statutory/Other Authority: ORS 183.335 & 813.160
Statutes/Other Implemented: ORS 813.160
OSP 5-2026, repeal filed 09/11/2026, effective 10/01/2026
OSP 1-1996, f. & cert. ef. 3-22-96
OSP 1-1993, f. 1-19-93, cert. ef. 1-20-93
OSP 2-1992, f. 7-20-92, cert. ef. 9-1-92

Or. Admin. R. 257-030-0105 Definitions; Severability

(1) As used in these rules, “Chemical Test” and “Chemical Analysis” of a person’s breath both mean the quantitative analysis for alcohol by means of direct or indirect measurement of physicochemical technique. Two valid breath samples, provided within a single testing sequence and culminating in a printed report with a completed test result shall constitute a “Chemical Test” of a person’s breath.

(2) A “valid breath sample” means a sample of a person’s breath provided in such a manner to be acceptable for analysis by the instrument.

(3) Severability: If any part or provision of OAR 257-030-0105 to 257-030-0170 or the application thereof is held invalid, the remaining part(s) or provision(s) shall remain in full force and effect.

History

Statutory/Other Authority: ORS 183.335 & 813.160
Statutes/Other Implemented: ORS 813.160
OSP 3-2006, f. & cert. ef. 11-22-06
OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06

Or. Admin. R. 257-030-0110 Criteria for Approval of Breath Testing Equipment

(4) Subsequent series of above instruments, so long as the subsequent changes and series do not diminish the instrument’s ability to accurately determine blood alcohol content.

History

Statutory/Other Authority: ORS 183.335 & 813.160
Statutes/Other Implemented: ORS 813.160
OSP 3-2006, f. & cert. ef. 11-22-06
OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06

Or. Admin. R. 257-030-0120 Approved Breath Testing Equipment

The following breath testing equipment is approved under OAR 257-030-0110 for performing chemical analysis of a person’s breath: The Intoxilyzer 8000: Correlation studies performed with the Intoxilyzer 8000 by Oregon State Police technician(s) are incorporated as Appendix 2: Studies Performed with the Intoxilyzer® 8000.

[ED. NOTE: Appendices referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183.335 & 813.160
Statutes/Other Implemented: ORS 813.160
OSP 3-2006, f. & cert. ef. 11-22-06
OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06

Or. Admin. R. 257-030-0130 Approved Methods for Operating the Intoxilyzer 8000

The following method of performing Chemical Analysis of a subject’s breath is approved for the Intoxilyzer 8000:

(1) Test Identification: A check list containing an outline of the approved procedures shall be used and completed by all operators of this instrument. Failure to record information specified in this section does not invalidate the test result obtained if the testing procedures were otherwise followed.

(2) Pre-Test Requirement:

(c) The Pre-Test Requirement (observation period) does not require that the subject rinse the mouth or remove dentures prior to providing a breath sample;

(d) The use of a mouthpiece by the subject during the testing sequence does not constitute a violation of the Pre-Test Requirement.

(3) Test Procedure: The operator shall administer the test (consisting of two valid breath samples, provided within a single testing sequence and culminating in a printed report with a completed test result) as follows:

(a) Ensure that the instrument display indicates “Ready to Start”;

(b) Push “Start Test” button to initiate the test sequence;

(c) Once the operator initiates the testing sequence by pressing the “Start Test” button, the testing sequence shall be conducted without interruption until:

(A) The instrument completes the test sequence and the operator obtains a completed test report; or

(B) The operator depresses the “Start Test” button or the “R” key on the keyboard to indicate that the subject refused the test; or

(d) Using the instrument’s bar code scanner and/or keyboard, the operator shall enter sufficient information to:

(A) Identify the operator conducting the test; and

(B) Establish that the operator possesses a valid operator permit and PIN combination. The operator should also enter sufficient information to link the test report to the test subject. The instrument will start the testing sequence when the operator’s permit has been validated and the data entry process is complete;

(e) After instructing the subject on how to give a proper breath sample, have the subject provide a breath sample through the mouthpiece when “Please blow into mouthpiece to activate tone” appears on the display;

(f) Continued Observation Period: The operator shall continue to observe the subject and remain certain that the subject does not take anything by mouth (drink, smoke, eat, take medication(s), etc.), vomit, or regurgitate liquid from the stomach into mouth until the second breath sample request period is completed. The use of a mouthpiece by the subject during the testing sequence does not constitute a violation of the observation period.

(g) When “Please blow into mouthpiece to activate tone” again appears on the display, have the subject provide a second breath sample;

(h) Once the instrument accepts the second breath sample, it will automatically perform an analysis of a gaseous sample containing a known alcohol vapor concentration (“control sample”) to test the accuracy and proper working order of the instrument. The operator does not need to take any action with the instrument at this time other than to monitor the progression of the instrument through the remainder of the test sequence. If all parameters are met, the instrument will proceed to the next step;

(i) When the instrument has successfully completed the test sequence, the operator will be afforded an opportunity to enter into and review comments added to the test report. The test report will then be printed with the test result.

(k) If at any time the operator has questions concerning the breath testing procedures or sequence, the operator should consult the Intoxilyzer 8000 Operator’s Guide located near the instrument.

(4) Testing Sequence: The instrument will conduct the test as follows:

(a) Test Authorization: The operator shall enter into the instrument a permit and Personal Identification Number (PIN) information through the bar code scanner and/or keyboard for the purpose of: (1) identifying the operator conducting the test, and (2) establishing that the operator possesses a valid operator permit and PIN combination. Only operators who possess both a valid permit and PIN will be authorized to conduct a test sequence. If all parameters are met, the instrument will proceed to the next step;

(b) Data Entry: The operator should enter information into the instrument through the bar code scanner and/or keyboard for the purposes of linking a breath test document to the test subject. The instrument will proceed to the next step when the data entry process is complete;

(c) Air Blank: The instrument will draw in outside air to purge the unit of any alcohol or other material which may be present in the sample cell. It is also looking at the operational environment and analyzing for any possible contaminant which may be present in the room air. If all parameters are met, the instrument will proceed to the next step;

(d) Diagnostics: The instrument will perform a complete diagnostic check on its components and operational standards. If all the operational components and standards are within proper parameters, the instrument will proceed to the next step;

(e) Air Blank: The instrument will draw in outside air to purge the unit of any alcohol or other material which may be present in the sample cell. It is also looking at the operational environment and analyzing for any possible contaminant which may be present in the room air. If all parameters are met, the instrument will proceed to the next step;

(f) Breath Sample: At this time the instrument will display “Please blow into mouthpiece to activate tone.” The subject is instructed on how to give a proper breath sample. The subject has approximately three minutes to comply with this request. The breath sample collection phase has been completed and will proceed to the next step when:

(A) The instrument accepts the breath sample; or

(B) The operator depresses the “Start Test” button or the “R” key on the keyboard to indicate that the subject has refused the test; or

(D) The operator or the instrument aborts the testing sequence.

(g) Air Blank: This air blank is to purge the instrument of the collected sample and once again check the operational environment for any possible contaminants. If all parameters are met, the instrument will proceed to the next step;

(h) Air Blank: In preparation for the next breath sample, the instrument will delay for approximately ninety (90) seconds and then will draw in outside air to purge the unit of any alcohol or other material which may be present in the sample cell. It is also looking at the operational environment and analyzing for any possible contaminant which may be present in the room air. If all parameters are met, the instrument will proceed to the next step;

(i) Breath Sample: At this time, the instrument will again display “Please blow into mouthpiece to activate tone.” The subject has approximately three minutes to comply with this request. The breath sample collection phase is complete and the instrument will proceed to the next step when:

(A) The instrument accepts the breath sample; or

(B) The operator depresses the “Start Test” button or the “R” key on the keyboard to indicate that the subject refused the test; or

(D) The operator or the instrument aborts the testing sequence.

(j) Air Blank: The instrument will draw in outside air to purge the unit of any alcohol or other material which may be present in the sample cell. It is also looking at the operational environment and analyzing for any possible contaminant which may be present in the room air. If all parameters are met, the instrument will proceed to the next step;

(k) Control Sample: The instrument will perform an analysis of a gaseous sample containing a known alcohol vapor concentration, the result of which must be within a range of 0.010 high to 0.020 low of the expected value, to test the accuracy and proper working order of the instrument. If all parameters are met, the instrument will proceed to the next step;

(l) Air Blank: This air blank is to purge the instrument of the collected sample and once again check the operational environment for any possible contaminants. If all parameters are met, the instrument will proceed to the next step;

(m) Comments: The instrument will display three (3) prompts for the operator to enter any observations made during the test sequence. This information will be printed on the test report by the instrument. Entry of comment information is not required and does not preclude the operator from placing handwritten comments on the test report. The instrument will proceed to the next step when the comment entry process is complete.

(n) Test Report: The final phase of the testing sequence is the printing of the test report. If all parameters and every operational aspect of the instrument were proper, a completed test report is produced by the instrument. The test report will be titled “Breath Test Report” with the result of the chemical test printed in the “Test Result” box. If at any time there was a malfunction, event, or condition that would affect the validity of the test, or any section of the instrument was not in correct working order, the instrument would have aborted the test sequence and not produced a completed test report.

(5) Completed Test Report: A “Completed” test report is one which indicates a numeric test result, a refusal, or the presence of an interfering substance:

(a) A test report obtained using the “Reprint” option contains the identical information as would be printed on the original report and may be used in addition to or in place of the original test report. A “Reprint” may be performed either locally at the instrument location or remotely by the Oregon State Police;

(b) If during either of the breath sample collection periods, the subject refuses, through some willful act, to follow the instructions to provide an adequate breath sample, the operator may depress the “Start Test” button or the “R” key on the instrument keyboard to terminate the breath testing sequence. The instrument will indicate “Refused” on the display and a test result of “Refused” will be produced. A printed test report, as described in this subsection, is not required to document the operator’s decision to terminate the breath test request phase as refused.

(c) If the instrument detects the presence of acetone or other substances which could interfere with the instrument’s ability to accurately measure the amount of ethyl alcohol in the breath, it will display the message “Interfering Substance Detected” and abort the testing sequence. The printout on the test report will indicate “Interfering Substance” and “*Invalid Test — Interfering Substance Detected”. This is a completed test and the operator should not restart the testing sequence.

(6) Incomplete Test Report: The following conditions will result in an incomplete test report:

(a) If the subject did not provide a breath sample or blow with sufficient force to activate the minimum breath flow requirements of the instrument at any time within either of the three minute breath sample collection periods, the instrument will indicate “No Sample Given” and print “*Invalid Test — No Sample Given”. If the test report indicates “No Sample Given”, the operator should restart the testing sequence and proceed until a completed test report is obtained;

(b) If the operator receives an exception message and printout from the instrument, such as “*Invalid Sample — Residual Alcohol Present”, or “*Invalid Test —” (not to include “*Invalid Test — Interfering Substance Detected”), etc., the operator should consult the “Suggested Corrective Action” outlined near the bottom of the test report, take appropriate action, and restart the testing sequence. Nothing in this subsection precludes an operator from terminating the breath testing sequence as “Refused” if the subject refuses, through a willful act, to follow the instructions of the operator. A printed test report, as described in section (5)(b), is not required to document the operator’s decision to terminate the breath test sequence as “Refused”.

(7) Failure to record information specified in section (1) and subsection (4)(b) of this rule does not invalidate the test result obtained if the testing procedures were otherwise followed.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183.335 & 813.160
Statutes/Other Implemented: ORS 813.160
OSP 3-2006, f. & cert. ef. 11-22-06
OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06

Or. Admin. R. 257-030-0140 Determining Agreement of Breath Samples Within a Testing Sequence

Agreement between two valid breath samples within a testing sequence is established when the subject sample measurements agree within plus or minus ten percent of their mean, inclusive of the upper and lower bounds of the range. If the instrument establishes agreement, the lower breath sample measurement shall be truncated to two decimal places and reported as the chemical test result. If the subject sample measurements do not agree, the instrument will abort the testing sequence and display “Sample Correlation Failure”.

History

Statutory/Other Authority: ORS 183.335 & 813.160
Statutes/Other Implemented: ORS 813.160
OSP 3-2006, f. & cert. ef. 11-22-06
OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06

Or. Admin. R. 257-030-0150 Qualifications of Breath Test Equipment Operators

(1) No individual shall operate approved breath testing equipment to determine the alcoholic content of the blood of a person in accordance with the provisions of ORS 813.160 unless that individual has been issued and maintains a valid permit to operate such equipment by the Oregon State Police.

History

Statutory/Other Authority: ORS 183.335 & 813.160
Statutes/Other Implemented: ORS 813.160
OSP 3-2006, f. & cert. ef. 11-22-06
OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06

Or. Admin. R. 257-030-0160 Training for Operators of Breath Test Equipment

(1) The Oregon State Police, or instructors approved by the Oregon State Police will provide a course of instruction as provided in ORS 813.160.

(3) Upon issuance of a permit to operate by the Oregon State Police, the operator shall select a Personal Identification Number (PIN) to be used by the Oregon State Police to establish the operator’s operator permit and PIN combination. The operator permit number shall be the operator’s Department of Public Safety Standards and Training (DPSST) number. The operator’s permit and PIN combination shall be unique and kept confidential by both the operator and the Oregon Department of State Police.

(4) Expiration:

(a) Permits shall expire at intervals not to exceed three (3) years from the original date of issue, unless renewed for an additional three (3) year period.

(5) Renewal:

(a) Operators that successfully complete the permit renewal process shall be issued a new expiration date not to exceed three years from the date of renewal. The issuance of a renewal date shall have the effect of extending the same authorizations granted under the original permit to operate breath testing equipment.

(6) Suspension and Re-instatement of Permits:

(a) Operators that do not successfully complete the permit renewal process before the expiration date assigned to the individual permit shall have their authorization to operate breath testing equipment suspended.

(b) Upon suspension of a permit, an operator shall be granted a “grace period” not to exceed ninety (90) days in which to complete the renewal process without further penalty or reduction in operator status. Upon successful completion of the renewal process, the operator’s permit shall be re-instated with the same authorizations issued under the original permit.

(c) Failure to complete the renewal process within the ninety (90) day grace period shall result in termination of the operator’s permit.

(7) Termination and Revocation of Permits:

(a) Pursuant to ORS 813.160, operator permits are subject to termination and revocation at the discretion of the Department of Oregon State Police.

(b) Termination of an operator permit shall occur at 12:01 a.m. upon the ninety-first (91st) day after the date of expiration assigned to the permit.

(A) Disqualification of operator status or eligibility for training under OAR 257-030-0150;

(B) Failure to adhere to approved methods and procedures for operating breath testing equipment under ORS 813.160;

(C) For any other conduct deemed contrary to the Implied Consent Program at the discretion of the Department of State Police.

(d) An operator whose permit has been terminated or revoked by the Department may be eligible for reinstatement of their permit upon successful completion of an approved course of instruction as provided in ORS 813.160.

History

Statutory/Other Authority: ORS 183.335 & 813.160
Statutes/Other Implemented: ORS 813.160
OSP 3-2006, f. & cert. ef. 11-22-06
OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06

Or. Admin. R. 257-030-0170 Certification of Accuracy of Breath Test Equipment

Pursuant to ORS 813.160(b)(C), a trained technician of the Oregon State Police shall conduct an accuracy test of approved breath testing equipment and certify the accuracy of the equipment if accuracy test performance is within a range of 0.010 high to 0.020 low of the expected value. The testing can be performed by either an on site test, or by remote testing via telephone, modem, or Internet connection utilizing a computer. The computerized testing will utilize a security system to ensure the integrity of the scientific testing of the breath test equipment.

History

Statutory/Other Authority: ORS 183.335 & 813.160
Statutes/Other Implemented: ORS 813.160
OSP 3-2006, f. & cert. ef. 11-22-06
OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06

Division 35 USE OF CRIME DETECTION LABORATORIES EQUIPMENT

Or. Admin. R. 257-035-0005 Use of Crime Detection Laboratories Equipment

“Services” as used in ORS 181.080 means the operation of the equipment by authorized Department personnel and excludes the private use of laboratory facilities.

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 181.080
OSP 2-1985, f. & ef. 10-1-85

Division 40 ELECTRONIC SIGNALING DEVICES

Or. Admin. R. 257-040-0005 Introductory Provisions

(1) Nothing in these rules is intended to impose any duty or any standard of care or conduct on any public or private body, entity or person to initiate or undertake any search and rescue or related operation, to conduct any such operation in any particular manner, or to provide any form of monitoring of radio signals in any geographic area.

(2) The distributor of electronic signaling devices may require that users of the devices execute a release or waiver form under which users absolve the distributor or liability based on a claim that the device failed to function successfully, but no such release shall apply with respect to wilful or wanton misconduct or to distribution of a device with actual knowledge that is fails to meet the specifications in Exhibit 1 of theses rules.

(3) Distributors shall require users to report to the distributor, its agents or employes any activation, dropping, abuse, damage or impacts sustained by the devices.

[ED. NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 401.635
Statutes/Other Implemented: ORS 401.605 - 401.635
OSP 2-1988, f. 8-17-88, cert. ef. 10-1-88
OSP 1-1988(Temp), f. 4-11-88, cert. ef. 4-8-88

Or. Admin. R. 257-040-0010 Distribution Procedures

(1) Prior to giving any users custody of an electronic signaling device, the distributor must:

(a) Test the device for minimum power and so indicate on the user log (a Model User Log is attached as Exhibit 1);

(b) Visually inspect the device for external signs of damage and so indicate on the user log;

(d) Provide the user a copy of the written device instructions and a copy of the user’s fact sheet (a Model User’s Fact Sheet is attached as Exhibit 2), alert the user to any use instructions on the device or its harness, and obtain the user’s written acknowledgement that the user has read the written instructions and witnessed the minimum power test;

(e) Enter his or her initial on the “Check Out Procedures” portion of the user log.

(f) The distributor shall not permit the use of any device that fails any test or inspection required above. However, where the visual inspection discloses only superficial damage of the device, as opposed to breakage of any component or a breach of the case, the device may be used it it passes the other tests and inspections.

(2) The distributor must obtain in writing the name, home or business address, telephone number if any, and state-issued license to operate a motor vehicle or equally reliable identification, such as Oregon Division of Motor Vehicles identification card.

(3) The distributor may require users to provide other identifying information, to pose security or a deposit to ensure the return of the device, take other customary business measures to prevent loss of of damage to the devices, and may limit the geographic area in which the device may be transported or used.

(4) Nothing in these rules shall be construed as requiring a distributor to record the anticipated return time of the user or the device, nor as requiring a distributor to notify any authority in the event a device is not timely returned.

[ED. NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 401.635
Statutes/Other Implemented: ORS 401.605 - 401.635
OSP 2-1988, f. 8-17-88, cert. ef. 10-1-88
OSP 1-1988(Temp), f. 4-11-88, cert. ef. 4-8-88

Or. Admin. R. 257-040-0020 Return of a Device to a Distributor

(1) On the return of a device to a distributor, the distributor must:

(a) Test the device for minimum power and so indicate on the user log;

(b) Visually inspect the device for external signs of damage and so indicate on the user log;

(d) Enter his or her initials on the “Check In Procedures” portion of the user log.

(2) These rules impose only minimum requirements. Nothing in theses rules is intended to prevent distributors from using additional forms, agreements or leases, or from requiring compensation for use of the devices.

(3) Distributor may use their own instructions, forms, logos and letterheads as written device instructions, user’s fact sheets and users logs. However, any user’s fact sheets and user logs shall contain, as a minimum, the information set forth in Exhibits 1 and 2, which are incorporated into theses rules.

[ED. NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 401.635
Statutes/Other Implemented: ORS 401.605 - 401.635
OSP 2-1988, f. 8-17-88, cert. ef. 10-1-88
OSP 1-1988(Temp), f. 4-11-88, cert. ef. 4-8-88

Or. Admin. R. 257-040-0030 Specifications

(1) The Department of State Police has adopted the document entitled: “Specifications for the Electronic Signaling Device Pilot System (ESD), March 28, 1988, Oregon State Police, Advisory Committee — Senate Bill 915,” as the specifications required by ORS 401.635 for electronic signaling devices. Those specifications are incorporated into these rules and are available at the Oregon Department of State Police, Communications Division, 107 Public Service Building, Salem, OR 97310, (503) 378-2575).

(2) Nothing in these rules is intended to restrict the development of or commerce in electronic signaling devices. Upon the written request of a manufacturer or distributor of such devices, the Department of State Police will consider additions or amendments to the specifications, provided that the proposed changes will not impair the reliability of electronic location devices, the safety of climbers or wilderness travelers, and will comply with federal and state laws regulating electronic transmitters and transmissions.

History

Statutory/Other Authority: ORS 401.635
Statutes/Other Implemented: ORS 401.605 - 401.635
OSP 2-1988, f. 8-17-88, cert. ef. 10-1-88
OSP 1-1988(Temp), f. 4-11-88, cert. ef. 4-8-88

Division 45 VEHICLE TOW HEARING PROCESS

Or. Admin. R. 257-045-0010 Purpose and Authority

(1) These administrative rules govern the hearing process regarding vehicles that will be, or have been taken, into custody by the department pursuant to ORS 819.110 or 819.120.

(2) These administrative rules are promulgated pursuant to Oregon Laws 2009, chapter 371 (HB 2738), which require that if the department is the authority that takes a vehicle into custody pursuant to ORS 819.110 or 819.120 that is located upon the right of way of a state highway, an interstate highway that is part of the National System of Interstate and Defense Highways, or state property, the department is responsible for notices and hearings related to the vehicle taken into custody.

History

Statutory/Other Authority: OL 2009 & ch. 371 (HB 2738)
Statutes/Other Implemented: OL 2009 & ch. 371 (HB 2738)
OSP 2-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 4-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-29-10

Or. Admin. R. 257-045-0020 Scope of Hearing

(1) The owner of the vehicle, a person entitled to possession of the vehicle, or a person with a recorded interest on the title of the vehicle, may request a hearing to contest the validity of the towing and custody of the vehicle.

(2) The owner of the vehicle, a person entitled to possession of the vehicle, or a person with a recorded interest on the title of the vehicle, may request a hearing to contest the reasonableness of the charges for towing and storage only if the department used its own personnel, equipment and facilities in conducting the tow or in storing the vehicle.

History

Statutory/Other Authority: OL 2009 & ch. 371 (HB 2738)
Statutes/Other Implemented: OL 2009 & ch. 371 (HB 2738)
OSP 2-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 4-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-29-10

Or. Admin. R. 257-045-0030 Notice and Request for Hearing

(1) If the department proposes to take or has taken custody of a vehicle in accordance with ORS 819.110 or 819.120, the department shall provide notice as described in ORS 819.170 or 819.180.

(2) A request for hearing shall be made in writing to the department at the address contained in the notice.

(3) Requests for hearing must be received by the department by 5:00 p.m. of the fifth business day (Saturdays, Sundays, and Holidays excluded) following the date of the posting or mailing of the notice. For purposes of this rule, “received by the department” means:

(a) Personally delivered to the Station Commander of the local patrol office in the area in which the vehicle will be, or has been, taken into custody and towed;

(b) Delivered by mail to OSP Headquarters, Patrol Services Division, 255 Capitol Street NE, 4th Floor, Salem, Oregon 97310; or

(4) Requests for hearing shall contain at least the following information:

(a) Petitioner’s full name;

(b) Petitioner’s complete mailing address;

(d) A statement of the grounds upon which the person believes the custody and towing of the vehicle is not justified; and

(e) Dates and times within the immediate future that the petitioner cannot appear at a hearing.

(5) Untimely requests for hearing shall not be granted by the department.

(6) A person who requests a hearing but who fails to appear for a scheduled hearing shall not be entitled to another hearing unless the person provides written good cause to the department for the person’s failure to appear. For purposes of these administrative rules, “good cause” shall be limited to serious impediments that affect a person’s ability to attend a scheduled hearing, such as court conflicts, the death of an immediate family member of the person (verified to the satisfaction of the department), the person’s physical incapacity (verified by a physician to the satisfaction of the department), or the person’s service in the US Armed Forces, military reserves, National Guard or the organized militia.

History

Statutory/Other Authority: OL 2009 & ch. 371 (HB 2738)
Statutes/Other Implemented: OL 2009 & ch. 371 (HB 2738)
OSP 2-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 4-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-29-10

Or. Admin. R. 257-045-0040 Hearing Process

(1) Within 72 hours of its receipt of a timely request for hearing, the department shall schedule a hearing. The 72 hour period shall not include Saturdays, Sundays, or Holidays.

(2) The department shall provide notice of the hearing to the following persons:

(a) The person requesting the hearing;

(b) The owner(s) of the vehicle; and

(c) Any lessors or security interest holders of the vehicle, as shown in the records of the Oregon Department of Transportation.

(3) Except as otherwise provided in these administrative rules, actions taken by the department or the hearing officer in conducting the hearing or issuing a written order are not subject to the Oregon Administrative Procedures Act, ORS Chapter 183.

(4) The Superintendent of the Oregon State Police shall designate officers, officials, or employees of the department to act as hearing officers under these administrative rules, except that a hearings officer shall not be an officer, official, or employee of the department who participated in any determination or investigation related to the actual or proposed taking into custody and removal of the vehicle that is the subject of the hearing. In such case, the Superintendent shall designate another officer, official, or employee of the department to act as the hearings officer.

(5) Hearings shall be conducted by telephonic means, unless the person requesting the hearing provides written justification to the department why the hearing should be conducted in person. In the event a hearing is conducted in person, the hearing shall be conducted at the Oregon State Police Headquarters located in Salem, Oregon, or at any other location designated by the hearing officer.

(6) Hearings shall be informal in nature. Hearings shall be recorded and the presentation of evidence shall be consistent with the requirements of ORS 183.450.

(7) If, after the hearing and by substantial evidence on the record, the hearing officer determines that the towing of the vehicle was invalid, the hearing officer shall issue a written order stating the facts of the vehicle tow and the hearing officer’s reasoning why the vehicle tow is invalid. The hearing officer’s written order shall further order that:

(a) The department shall pay the costs of towing and storage fees as soon as reasonably possible;

(b) The department shall immediately notify the tow company responsible for towing and storing the vehicle that the department is the party responsible for the charges and fees incurred in towing and storing the vehicle;

(c) The vehicle shall be immediately released to the person having a right of possession to the vehicle upon the department notifying the towing company of the department’s liability for the towing charges and storage fees;

(d) The person to whom the vehicle is released is not liable for any towing or storage costs or fees; and

(e) If the person to whom the vehicle is to be released has already paid the towing and storage charges for the vehicle, the department shall reimburse the person for those towing and storage charges upon presentation, to the department’s satisfaction, of proof of payment of those charges.

(8) If, after the hearing and by substantial evidence on the record, the hearing officer determines that the towing of the vehicle was valid, the hearing officer shall issue a written order stating the facts of the vehicle tow and the hearing officer’s reasoning why the vehicle tow is valid. The hearing officer’s written order shall further order that the vehicle shall remain in custody until the party claiming the vehicle pays the costs of the department’s hearing, if any, as well as all towing and storage costs for the vehicle. In the event that the department has not yet taken the vehicle into custody, the hearing officer shall further order the removal of the vehicle.

(9) In the event that the department has used its own personnel, equipment and facilities for the towing and storage of a vehicle and the owner of the vehicle, a person entitled to possession of the vehicle, or a person with a recorded interest on the title of the vehicle requests a hearing to contest the reasonableness of the charges for towing and storage, the hearing officer shall make written findings and conclusion as to the reasonableness of the tow charges and storage fees in his or her written order.

(10) The hearing officer shall provide a copy of a written order to the person requesting a hearing.

(11) The department shall conduct only one hearing for each vehicle taken into custody or towed under ORS 819.110 or 819.120, even if an otherwise interested party fails to appear at a scheduled hearing, unless the party failing to appear provides written good cause to the department for the interested party’s failure to appear.

History

Statutory/Other Authority: OL 2009 & ch. 371 (HB 2738)
Statutes/Other Implemented: OL 2009 & ch. 371 (HB 2738)
OSP 2-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 4-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-29-10

Or. Admin. R. 257-045-0050 Appeals

The determination of the hearing officer is final and not subject to appeal.

History

Statutory/Other Authority: OL 2009 & ch. 371 (HB 2738)
Statutes/Other Implemented: OL 2009 & ch. 371 (HB 2738)
OSP 2-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 4-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-29-10

Division 50 NON-PREFERENCE TOWING

Or. Admin. R. 257-050-0020 Policy and Purpose

It is the policy and purpose of the Oregon State Police that:

(1) To further the Oregon State Police's interest in the prompt and orderly removal of disabled or abandoned vehicles from the highways of the State of Oregon, and to meet the towing needs of the Department, the Department has established a non-preference tow program as defined in Oregon Administrative Rules (OAR) 257-050-0020 to 257-050-0200. The program, in part, consists of a non-preference tow rotational list comprised of listed tow businesses. The non-preference tow rotational list is computer generated and does not favor any one listed tow business. The non-preference tow rotational list is not a guarantee of business to the towing industry by the Department. Listed tow businesses participating in the non-preference tow rotational list understand that they may be called upon to conduct vehicle tows at the operational need of the Oregon State Police, as may be determined by the requesting State Police Officer or Department member. A listed tow business participating in the non-preference tow program must understand that participation is a privilge and not a right.

(2) Because the non-preference tow rotational list is designed to meet the towing needs of the Department, tow businesses do not need to be on the list to conduct business with the public.

(3) The Department does not require and shall not establish, recommend, or in anyway dictate the fee charged for a non-preference tow conducted by a listed tow business under the Department's non-preference tow program.

(4) A participating tow company shall not charge a fee for any work that has not been performed by the tow company or another listed tow company.

(5) A listed tow business shall not represent to any person or business that a fee has been, or will be, charged by the Oregon State Police.

(6) Listed tow businesses conducting business with the Oregon State Police, Oregon Department of Transportation and the citizens of Oregon, must always act professionally. All listed tow businesses must cooperate, be courteous, and provide business-like treatment to all Oregon State Police employees, Oregon Department of Transportation employees and citizens. Listed tow businesses that, through their conduct, abuse the non-preference tow system or the integrity, trust or security of the Oregon State Police shall be removed from the non-preference tow rotational list through the suspension or revocation processes.

(7) The Oregon Department of Transportation as a “roadway authority” may adopt these administrative rules as they relate to the Oregon State Police non-preference Tow list. Only the Oregon Department of Transportation may use the Oregon State Police non-preference tow list as set forth in these rules. Any other agency adopting a non-preference tow program must establish and use their own non-preference tow list which will be operated and enforced by their agency.

(8) A listed tow business must adhere to these rules while conducting business with the Oregon Department of Transportation. The Oregon Department of transportation may report rule violations in writing to the Oregon State Police Tow Program. Rule violations in relation to the Oregon Department of Transportation may result in removal from the listed non-preference tow list as through the suspension or revocation process described in these rules.

(9) The Oregon State Police or the Oregon Department of Transportation may contract directly with the companies on the non-preference list to assist with roadway clearance in times of roadway incidents such as natural disaster or weather-related events. In these instances, a fee may be imposed and charged to the state according to the contract.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: 181.440
OSP 1-2024, amend filed 04/04/2024, effective 04/09/2024
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 5-2005, f. & cert. ef. 11-18-05

Or. Admin. R. 257-050-0040 Authority

(1) These Administrative Rules are promulgated pursuant to ORS 181.440, which permits the Superintendent of the Oregon State Police to make rules governing the eligibility of tow businesses to be placed and remain on any list of listed tow businesses used by the Department when it requests towing services on behalf of any person.

(2) All listed tow businesses providing service to the public and the Department through calls received from the Oregon State Police shall conduct their business operation in accordance with all applicable federal, state, and local laws.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 1-2024, amend filed 04/04/2024, effective 04/09/2024
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 5-2005, f. & cert. ef. 11-18-05
OSP 2-1995, f. & cert. ef. 10-20-95
OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89
OSP 1-1989, f. & cert. ef. 1-3-89

Or. Admin. R. 257-050-0050 Definitions

(1) “Abandoned Auto” or “Abandoned Vehicle” — A vehicle which may be taken into custody, as defined in ORS 819.110.

(2) “Area Commander” or “Station Commander” — The local commanding officer of an area established by the Oregon State Police.

(3) “Authorized Driver” —A driver passed background check and has been permitted to drive through the OSP Tow Program.

(4) “Business Records” — Any record maintained, created, used, or collected in connection to providing tow services.

(5) “Certificate" — A document issued by the Department that declares that a named tow business is listed on the Oregon State Police non-preference rotational tow list.

(6) “Authorized Tow Business” is a tow business determined by the Department to meet the requirements of this rule and which is placed on the Departments non-preference tow rotation.

(7) “Convicted” — An adjudication of guilt upon a verdict or finding entered in a criminal proceeding in a court of competent jurisdiction.

(8) “Delayed Recovery” — An incident in which the Oregon State Police or Oregon Department of Transportation intend for the recovery of a vehicle to occur at a later time.

(9) “Denial” — Action taken by the Department in denying approval to participate in the non-preference tow program.

(10) “Department” — The Department of State Police, also referred to as “Oregon State Police,” and its employees.

(11) "Employee” — Any person in the service of a tow business under contract of hire, express or implied, oral or written, where the business has the power or right to control and direct the employee in the material details of how the work for the business is to be performed.

(12) “Hazardous Vehicle” — A vehicle, as described in ORS 819.120, and defined in OAR 734-020-0147(2).

(13) “Hearings Officer” — A person appointed by an agency or entity contracted by the Department of State Police to conduct contested case hearings.

(14) “Highway” — Every public way, road, street, thoroughfare and place including bridges, viaducts and other structures within the boundaries of the state open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right (ORS 801.305).

(15) “Inspector” — A member or other appointed representative of the Oregon State Police who has been designated by the Department to examine tow trucks and qualified tow businesses.

(16) “Inspection” — The authorized agent or representative of the tow business shall self-certify on its application under penalty of false swearing related to Regulation of Vehicles Related to Businesses (ORS 822.605), Penalty of Perjury (ORS 162.065), suspension or revocation from the non-preference tow rotational list that its tow business, employees and vehicles meet the minimum requirements as set forth in these Administrative Rules. This self-certification shall verify that the tow business’ request for a certification complies with all applicable local laws and regulations as prescribed for the geographical area where the tow business will be established. If local zoning regulations are applicable, the authorized agent or representative of the tow business must include with the application a copy of the certification of approval from the local planning department, zoning commission or other authorized unit of local government to the Department. A zoning certification will become part of the permanent record maintained for each qualified tow business by the Department.

(17) “Non-preference tow rotational List’ or “Non-preference List” of "tow list" or "rotational tow list — A list of tow businesses determined by the Department to meet all the requirements of these rules and which is maintained by the Department to dispatch the tow trucks on an equitable basis when no choice or preference to a tow business is stated by the vehicle owner, driver, or other person responsible for the vehicle.

(18) “On road time” — The time it takes a listed tow business to have a tow truck started and on the road from the time the dispatcher was called by the Department.

(19) “ODOT” — Oregon Department of Transportation.

(20) “Patrol Services Division” — The administrative body of the Oregon State Police that is located at 3565 Trelstad Ave SE, Salem, OR 97317.

(21) “Place of Business” — A building or physical structure that a tow business conducts business transactions, occupies, either continuously or at regular times, where the tow business’ business records are kept and can be accessed electronically.

(22) “Principal” — an owner, partner, corporate officer or other person who controls or manages the business entity or employees or angents of the business organization.

(23) “Region Commander” — The commanding officer of the region as established by the Oregon State Police.

(24) “Recovery vehicle” — A motor vehicle that meets all of the following requirements:

(a) A commercially available truck chassis equipped with a commercially manufactured tow body or bed, that is rated and issued a serial number by the manufacturer;

(b) Has a minimum GVWR of 14,500 pounds;

(d) Capable of towing a vehicle by means of a wheel lift or under lift; and

(e) Capable of recovering a vehicle by means of a boom, winch and rope.

(f) A flatbed tow truck may be considered a class D-B or Class D-C recovery vehicle if it meets the following requirements:

(A) Has a minimum GVWR of 23,000 pounds; and

(B) Is equipped with a commercially manufactured side puller system; and

(D) Is capable of winching from either side.

(25) “Response time” — The reasonable driving time it takes a tow truck to respond to a location once the tow truck is on the road.

(26) “Revocation” and “revoked” — The termination of a certification and the removal from the Oregon State Police's non-preference towing program for a period of not less than 10 years, which becomes effective from the date of the Notice of Revocation from the Oregon State Police.

(27) “Rope” – Wire rope or synthetic rope.

(28) “Priviledge to apply” — The right of a tow business or its principal(s) to apply for, and the privilege of a listed tow business and/or its principal(s) to re-apply for placement on the non-preference tow list.

(29) “Suspension” and “suspend” — The temporary removal from the Oregon State Police non-preference towing list for a period of not more than 10 years.

(30) “Tow business” — Any person, enterprise, corporation or partnership that engages in the business of impounding, transporting, recovery or storage of towed vehicles.

(31) “Tow vehicle” — A motor vehicle that is:

(a) Altered or designed and equipped for, and used in, the business of towing vehicles; and

(b) Used to tow vehicles by means of a hoist, tow bar, rope or dolly, or otherwise used to render assistance to other vehicles (ORS 801.530).

(32) “Tow zone” — The geographical area designated by the Oregon State Police Non-preference Tow Program.

(33) “Vehicle storage area” or "storage lot" or "storage yard" — The approved yard or enclosed building where a listed tow business keeps or stores towed vehicles.

(34) “Vehicle” –Vehicle as defined per ORS 801.590.

(35) “Registered owner” or “owner” as defined per ORS 801.375.

History

Statutory/Other Authority: ORS 181A.350
Statutes/Other Implemented: ORS 181A.350
OSP 1-2024, amend filed 04/04/2024, effective 04/09/2024
OSP 1-2017, f. & cert. ef. 3-8-17
OSP 2-2016(Temp), f. & cert. ef. 11-18-16 thru 5-16-17
OSP 4-2011, f. 9-2-11, cert. ef. 9-7-11
Reverted to OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 5-2010(Temp), f. 7-13-10, cert. ef. 7-14-10 thru 1-10-11
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06
Reverted to OSP 1-2000, f. & cert. ef. 3-15-00
OSP 2-2000(Temp), f. & cert. ef. 7-14-00 thru 1-9-01
OSP 1-2000, f. & cert. ef. 3-15-00
Reverted to OSP 2-1995, f. & cert. ef. 10-20-95
OSP 1-1999(Temp), f. & cert. ef. 9-10-99 thru 3-7-00
OSP 2-1995, f. & cert. ef. 10-20-95
OSP 5-1992, f. & cert. ef. 12-16-92
OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89
OSP 1-1989, f. & cert. ef. 1-3-89

Or. Admin. R. 257-050-0060 Application to be a listed tow business

(1) An application for certification must be filed by an authorized agent or representative of the applicant tow business. All applications must be filed with the Oregon State Police Non-Preference Tow Program. If the tow business is a partnership, each partner must be listed on the application. If the tow business is a corporation, all officers, managers, and stockholders holding 10% or more of the total issued and outstanding stock of the applicant corporation must be listed on the application.

(2) The authorized agent or representative of the applicant tow business must affirm and swear, under penalty of False Swearing (ORS 822.605), in each application, that its tow business, employees and vehicles meet the minimum requirements as set forth in these Administrative Rules and Oregon Revised Statutes. False swearing may result in denial, suspension or revocation from the non-preference tow rotational list. Each application must also contain a signed affirmation from the authorized agent or representative that the tow business complies with all applicable local laws and regulations.

(3) Upon being granted certification, a certificate and vehicle stickers will be mailed to the listed tow business. The listed tow business must display the sticker on the lower left front windshield of each tow vehicle that has been approved. Any alteration of the vehicle sticker or certification may form the basis of an action to suspend or revoke the certification.

(4) A tow business may not be listed on the non-preference tow list until the Department has issued a certification to the tow business. The Department shall not call a towing business for non-preference towing unless the business has a current certification issued by the Oregon State Police Tow Program. Nothing herein shall prohibit the Department from calling a towing business upon a specific request of the person responsible for the vehicle or their agent.

(5) A certification will not be granted until the application forms have been completed in their entirety by the authorized agent or representative of a tow business and approved by the Department.

(6) A principal of multiple tow businesses may only have one listed tow business per tow zone for each classification.

(7) All authorized agents or representatives must affirm in the certification application that if listed, the tow businesses shall tow abandoned vehicles in accordance with Chapter 819 of the Oregon Revised Statutes. Failure to tow abandoned vehicles in accordance with ORS Chapter 819 may subject the tow business to suspension or revocation of the non-preference tow certification.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 1-2024, amend filed 04/04/2024, effective 04/09/2024
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 2-1995, f. & cert. ef. 10-20-95
OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89
OSP 1-1989, f. & cert. ef. 1-3-89

Or. Admin. R. 257-050-0070 Application Requirements

(1) Application for certification must be made on forms furnished by the Oregon State Police and must be accompanied by an inspection report. The information provided in the application must provide sufficient information for the Department to make all of the following determinations:

(a) The applicant tow business has an established place of business within the tow zone at the address shown on the application.

(b) The applicant tow business’ place of business complies with these Administrative Rules and all other provisions of state, local, and federal law.

(d) The applicant tow business is properly registered with the Oregon Secretary of State.

(e) The address the tow business lists on its application shall be the place of business where the tow business maintains business records.

(f) The application shall list all locations of vehicle storage facilities and places for redemption of vehicles.

(g) Each applicant tow business owner and authorized manager has a minimum of 3 years prior towing experience as of submitting the application packet;

(2) Proof that all tow drivers for the applicant business (including any owner, principal, manager, or otherwise; if they drive a tow truck, or direct tow operations) meet the following training requirements:

(a) Traffic Incident Management training approved by the Oregon State Police Tow Program.

(b) A state or federally recognized training, approved by the Oregon State Police Tow Program, for the class of tow truck they will be operating.

(c) The training required in this section must be attended in-person and include a minimum of 8 hours of combined classroom time and practical hands-on training. Each person trained must complete testing to receive certification after completion of the 8 hours of training.

(d) If a tow company has already been listed by the Department, each applicant must submit written proof that the training required in this section has been completed by May 1st, 2027.

(e) All employees of an applicant tow business or listed tow business who operate tow truck(s) have a current valid operator's license for the class of vehicles they operate for the tow business.

(f) The applicant tow business owner or designated employee shall possess a current and valid appraiser’s license issued by the Oregon Department of Motor Vehicles pursuant to ORS 819.480.

(g) Written proof of the appraiser’s license has been submitted to the Oregon State police Tow Program.

(h) Written proof of workers compensation insurance for each tow driver has been submitted to the Oregon State Police Tow Program.

(3) The applicant tow business has submitted to the Oregon State Police Tow Program proof of the following current, minimum insurance coverage:

(a) General Liability insurance coverage of not less than $1,000,000, with bodily injury per occurrence of not less than $2,000,000 aggregate, or the minimum required by the Federal Motor Carrier Regulations, or the ODOT, whichever is greater, for liability, bodily injury and property damage per occurrence;

(b) Garage keeper's legal liability insurance, for care, custody, and control of towed vehicles, per occurrence with no exclusions for on-hook coverage in the amounts of at least the following for each class:

(i) Class A -- $100,000;

(ii) Class B -- $200,000;

(iii) Class C -- $250,000;

(iv) Class D-A or Other Equipment under this classification -- $100,000;

(v) Class D-B or Other Equipment under this classification -- $150,000;

(vi) Class D-C or Other Equipment under this classification -- $250,000.

(c) Insurance to protect against vehicle damage including, but not limited to fire and theft, from the time a vehicle comes into custody, and control of the tow business, throughout the recovery, and until that vehicle is reclaimed or sold.

(d) Insurance for cargo transported in the amount of at least:

(i) Class A -- $100,000;

(ii) Class B -- $150,000;

(iii) Class C -- $250,000;

(iv) Class D-A -- or Other Equipment under this classification -- $100,000;

(v) Class D-B -- or Other Equipment under this classification -- $150,000;

(vi) Class D-C -- or Other Equipment under this classification -- $250,000.

(4) Nothing in this section relieves an applicant tow business or listed tow business from maintaining insurance in amounts and coverage type required for motor carriers in ORS Chapter 825 if those amounts exceed, or coverage differs from, that required by this section.

(5) A certificate of insurance (including worker’s compensation insurance) from each insurance carrier has been provided by the insurance carrier to the Department that includes the type and amounts of coverage and provides for notification to the Department if a policy is cancelled.

(6) The applicant tow business has a dedicated recovery vehicle assigned to the tow zone applied for and which is capable of handling the classifications of tows requested in the application.

(a) An applicant tow business may list a class B recovery vehicle to cover both class A and class B tows.

(b) All applicant tow business vehicles listed in the application comply with these Administrative Rules for the tow classification applied for.

(7) Legal name, date of birth and driver’s license of all drivers authorized by the applicant tow business to drive in the listed tow zones have been provided to the Oregon State Police Non-Preference Tow Program.

(8) The Department will provide a written notice to the applicant of the Department’s decision within 60 days of the receipt of an application for certification.

(9) The Oregon State Police Non-Preference Tow program must be notified in writing within ten (10) days from the time an authorized agent or representative of a listed tow business changes.

(10) All tow trucks used by listed tow businesses must display the following on both sides of the truck, in a manner that is highly visible to the public and in lettering that is a minimum of 2 inches in height with ½ inch stroke:

(a) The tow business's name.

(b) The Name of the city where the place of business is located.

(d) The Department of Transportation (ODOT) number must also be displayed if required by United States Department of Transportation.

(11) Any applicant tow business, applying for certification or renewal of certification, which fails to demonstrate that it meets all requirements as set forth in these rules or which is in violation of any part of these Administrative Tow Rules may be denied certification. An applicant tow business which is denied certification shall be notified of the denial in writing. If the Department determines that a listed tow business is in violation of these Administrative Rules, other sanctions may include revocation of certification or criminal investigation and referral for prosecution.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 2-2026, amend filed 06/24/2026, effective 07/08/2026
OSP 1-2026, temporary amend filed 04/29/2026, effective 05/01/2026 through 10/27/2026
OSP 1-2024, amend filed 04/04/2024, effective 04/09/2024
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06
OSP 5-2005, f. & cert. ef. 11-18-05
OSP 2-1995, f. & cert. ef. 10-20-95
OSP 5-1992, f. & cert. ef. 12-16-92
OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89
OSP 1-1989, f. & cert. ef. 1-3-89

Or. Admin. R. 257-050-0090 Inspections

The authorized agent or representative of the tow business shall self-certify on its application under penalty of False Swearing related to Regulation of Vehicles related to Businesses (ORS 822.605), penalty of Perjury (ORS 162.065), suspension or revocation from the non-preference tow rotational list that its tow business, employees and vehicles meet the minimum requirements as set forth in these Administrative Rules. This self-certification shall verify that the tow business’ request for a letter of appointment complies with all applicable local laws and regulations as prescribed for the geographical area where the tow business will be established. If local zoning regulations are applicable, the authorized agent or representative of the tow business must include with the application a copy of the certification of approval from the local planning department, zoning commission or other authorized unit of local government, to the Department. A zoning certification will become part of the permanent record maintained for each qualified tow business by the Department.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06
OSP 5-2005, f. & cert. ef. 11-18-05
OSP 2-1995, f. & cert. ef. 10-20-95
OSP 5-1992, f. & cert. ef. 12-16-92
OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89
OSP 1-1989, f. & cert. ef. 1-3-89

Or. Admin. R. 257-050-0095 Letter of Appointment

The letter of appointment shall be completed by the Department establishing that the tow business has met the requirements for a letter of appointment. The designated tow zone(s), class of tow vehicle(s), specific vehicles authorized to operate in each zone, and any waivers will be listed in the letter.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06

Or. Admin. R. 257-050-0100 Issuance of Certification

(1) Only a tow business with a valid non-preference tow certfication from the Department, as described herein shall be called upon to perform non-preference towing services at the request of the Department. Non-preference tow certification shall only be issued by the Department when a completed application for non-preference tow certification has been submitted to the Oregon State Police Non-preference Tow Program and the Department determines that all qualifications set out in these Administrative Rules have been met by the applicant tow business.

(2) A non-preference tow certification is valid only for the zone or zones listed in the certification and assigned by the Oregon State Police Tow Program and only for the identified tow vehicles will identify specific vehicles auhorized to operate in each zone.

(3) A tow business may petition the Oregon State Police for a waiver of a non-safety related requirement. A petition for waiver must be sent to the Oregon State Police Non-preference Tow Program at Oregon State Police, 3565 Trelstad Ave Se, Salem, OR 97317. The Department may grant a waiver if it determines:

(a) that the towing needs in a specific zone are inadequate;

(b) that the tow business seeking a waiver has the tow resources which can meet the Department's needs if a waiver is granted; and

(4) If a tow business meeting all requirements becomes listed for the same zone as a listed tow business a waiver granted under subsection (3) of this section, the listed tow business operating under a waiver, shall be notified that, notwithstanding the waiver, it has 30 days to become fully compliant with these rules or be removed from non-preference tow certification for the specified zone. If the listed tow business operating under a waiver fails to become compliant within the time specified by the Department, it may also have its non-preference tow certification suspended or revoked by the Department for all zones.

(5) Every certification shall be issued in the name of a tow business and the holder thereof shall not allow any other person or tow business to use the certification.

(6) A non-preference tow certification is valid only for the place of business/ listed tow company named on the non-preference tow certification application and does not apply to any other place of business.

(7) A non-preference tow certification is valid for one (1) year unless suspended or revoked by the Department.

(8) A listed tow business must have a separate non-preference tow certification for each zone in which the tow business conducts non-preference tow services.

(9) A non-preference tow certification shall state the zone the listed tow business is authorized to operate in. The zones will be determined by the Oregon State Police Tow Program.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 1-2024, amend filed 04/04/2024, effective 04/09/2024
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06
OSP 2-1995, f. & cert. ef. 10-20-95
OSP 5-1992, f. & cert. ef. 12-16-92
OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89
OSP 1-1989, f. & cert. ef. 1-3-89

Or. Admin. R. 257-050-0110 Suspension, Revocation and Voluntary Relinquishment of Certification

(1) The Department may deny an application for non-preference tow certification, or suspend or revoke anon-preference tow certification if the Department determines the applicant tow business or listed tow business has failed to comply with the Oregon Revised Statutes.

(2) The Department may deny an application for non-preference tow certification, or suspend or revoke a non-preference tow certification if the Department determines the applicant tow business or listed tow business has failed to meet, or no longer complies with, the requirements for non-preference tow certification as set forth in OAR 257-050-0020 through 257-050-0200.

(3) A listed tow business may voluntarily relinquish its non-preference tow certification. A listed tow business which voluntarily relinquishes certification must notify the Department in writing.

(4) The Department may disqualify a tow vehicle driver employed by a listed tow business if the Department determines the driver has failed to comply with state or federal law related to performance of the duties of a driver, laws related to provision of tow services, or laws related to the use of a tow vehicle A tow vehicle driver disqualified under this subsection may not participate in any tow business operations relating to the non-preference tow program.

(5) The Department may disqualify a tow vehicle driver from participation in non-preference tows if the Department determines the driver has failed to comply with any requirement listed in OAR 257-050-0020 through 257-050-0200. A tow vehicle driver disqualified under this subsection may not participate in any tow business operations relating to the non-preference tow program.

(6) The Department shall deny an application for non-preference tow certification or revoke the certification of a listed tow business for any of the following:

(a) If a listed tow business, an applicant tow business, or a manager or principle of a listed tow business has been convicted of an Oregon felony offense, or an offense in another United States court equivalent to an Oregon felony offense, within fifteen (15) years preceding the date the application for non-preference tow certification is received by the Department, or any time after non-preference tow certification has been granted.

(b) If a listed tow business, an applicant tow business, or a manager or principle of a listed tow business or an applicant tow business has been convicted of two or more felony offenses, or two or more offenses in another United States court that are equivalent to two or more Oregon felony offenses.

(c) If a manager or principal has ever been convicted of a person felony under OAR 213-003-0001(14) or a sex crime as defined in ORS 163A.005(5), or an offense in another United States court that is the equivalent of an Oregon person felony or a sex crime.

(7) The Department may disqualify a tow driver from operating any tow vehicle on behalf of a listed tow business and may disqualify a tow driver from participating in any way in the towing of vehicles for a listed tow business under the Department’s non-preference tow program for any of the following reasons:

(a) The tow driver has any conviction described in subsection (6) of this section.

(A) A listed tow business that employs a driver with a conviction described in subsection (6) of this section remains eligible to participate in the Department’s non-preference tow program. However, the listed tow business shall not permit the driver employee to participate in any towing of vehicles related to a non-preference tow.

(B) When a listed tow businesses, applicant tow businesses, or a manager or principal of a listed tow businesses or applicant tow businesses become aware that a driver who previously qualified to participate in non-preference tows has become ineligible under these rules, the business, manager or principle must immediately notify the Oregon State Police Tow Program by emailing to OSPTOW@osp.oregon.gov or fax to Patrol Services Division at 503-391-5910 and provide the following information:

(i) The ineligible driver’s name; and

(ii) The ineligible driver’s date of birth; and

(iii) The reason the driver is ineligible.

(8) The Department may disqualify a driver from participating in non-preference tows for any of the following reasons: The driver has been convicted of five (5) or more traffic crimes, including an offense in another United States court that is equivalent to an Oregon traffic crime, within the preceding fifteen (15) years from the date the application for certification is received by the Department.

(9) The Department may suspend or revoke the certification of a tow business, or the participation of a driver, if a listed tow business, manager, principal or driver is charged with or arrested for any misdemeanor or felony offense for which there is a reasonable basis to believe the offense occurred at a tow business facility, or that the offense directly or indirectly involved the listed tow business and such offense occurred during the course and operation of a listed tow business.

(10) The Department may revoke or suspend the certification of a tow business or the qualification of a driver if the driver is convicted of a moving traffic violation which violation occurred during the course and operation of a listed tow business.

(11) The following suspension periods apply:

(a) “First Suspension” — a first violation shall result in a suspension for a period of not less than thirty (30) days.

(b) “Second Suspension” — a second violation that is committed within a one (1) year from the date of any final order or notice of first suspension, whichever is later, shall result in a suspension for a period of not less than thirty (30) day(s) and not more than ninety (90) days.

(c) “Third Suspension” — a third violation committed within a three (3) year period of the date of a final order, or notice of first suspension, whichever is later, shall result in a suspension for a period of not less than ninety (90) day(s) and not more than one (1) year.

(12) “Revocation” –A criminal offense for which a charge or arrest has been made and the offense occurred in the course of tow business’ operation or an un-remedied safety related violation by the listed tow business or driver shall result in revocation of certification or disqualification from driving for a period of not less than ninety (90) day(s) and not more than ten (10) years from the date of any final order, or notice of revocation, whichever is later.

(13) Listed tow businesses that, through their conduct or actions, abuse the non-preference tow system, or the integrity, trust or security of the Oregon State Police shall have their certification revoked.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 1-2024, amend filed 04/04/2024, effective 04/09/2024
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06
OSP 2-1995, f. & cert. ef. 10-20-95
OSP 5-1992, f. & cert. ef. 12-16-92
OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89
OSP 1-1989, f. & cert. ef. 1-3-89

Or. Admin. R. 257-050-0115 Suspension and Revocation

(1) For purpose of 257-050-0115, the following suspension periods apply:

(a) "First suspension" — any first violation of OAR 257-050-0115 shall be for a period of not less than 60 days.

(b) "Second Suspension" — any second violation of OAR 257-050-0115 that is committed within a one (1) year period from the date of any final order under this rule shall be for a period of not less than one (1) year.

(c) "Third Suspension" — any third violation of OAR 257-050-0115 that is committed within a three (3) year period of the date of any final order under this rule shall be a revocation.

(2) The following constitutes grounds for suspension of a qualified tow business:

(a) A qualified tow business that commits a violation, traffic crime or traffic infraction of Oregon Law during the course and operation of the qualified tow business’s business shall be suspended.

(b) An employee of a qualified tow business that commits any violation or traffic infraction of Oregon Law while in the performance of his or her duties of employment shall be suspended.

(3) The following constitutes grounds for revocation of a qualified tow business:

(a) A qualified tow business that commits a crime, other than a traffic crime and that is chargeable as a misdemeanor or felony during the course and operation of the qualified tow business’s business shall be revoked.

(b) An employee of a qualified tow business that commits a crime chargeable as a misdemeanor or felony while in the performance of his or her duties of employment shall be revoked.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2000, f. & cert. ef. 3-15-00
OSP 1-1999(Temp), f. & cert. ef. 9-10-99 thru 3-7-00

Or. Admin. R. 257-050-0125 Re-inspection and Recertification

(1) Re-inspections must be conducted at least once a year by an Oregon State Police inspector. Unscheduled inspections of a listed tow business may be conducted without notice by an Oregon State Police inspector to determine compliance with these rules. All inspections shall be done during business hours. If Oregon State Police Inspectors are not available to conduct the inspection, the Oregon State Police Tow Program may authorize a listed tow business to conduct a self-inspection that will be included with the application.

(2) If an inspection reveals that tow truck equipment, unrelated to safety related requirements, is missing from a tow truck or is defective, the Oregon State Police shall immediately advise the listed tow business in writing that a tow truck is in violation of these Oregon Administrative rules. Such notice shall identify the specific tow truck, the specific rule being violated and include a copy of the inspection report.

(a) If the listed tow business fails to remedy the missing or defective non-safety related equipment within 15 days of the date of notice, the tow truck with the missing or defective equipment shall be removed from the list of tow vehicles authorized by the non-preference tow certification issued to the listed tow business.

(b) If an inspection reveals that a listed tow business's facilities, records or other non-safety related items violates these rules, the Oregon State Police shall advise the listed tow business in writing of the violation. Such notice shall identify the specific violation(s) and include a copy of the inspection report. If the listed tow business fails to remedy the violation within 15 days of the date listed on the notice, the listed tow business's certification shall be revoked.

(c) A listed tow business may avoid revocation of non-preference tow certification under this section by voluntarily removing the violating tow vehicle or facility from the list of authorized tow vehicles or facilities. Notice advising the Oregon State Police that the listed tow business has voluntarily removed a violating tow vehicle or facility from service must be in writing and sent to the Oregon State Police Tow Program at 3565 Trelstad Avenue SE, Salem Oregon 97317. Notification of voluntary removal must be received by the Oregon State Police Tow Program no later than 15 days after the date on the notice the Department issued to the listed tow business. If a listed tow business remedies the violations regarding the tow vehicle or facility after voluntary removal, the listed tow business may request re-inspection by the Oregon State Police. The Oregon State Police may re-authorize inclusion of a tow vehicle or facility if a listed tow business passes a re-inspection as described in this section.

(3) A safety related violation related to a tow truck or facility shall be cause to immediately suspend such tow vehicles or facilities from the list of authorized non-preference tow vehicle or facilities.

(a) If the violation is remedied and passes re-inspection within 30 days of removal from the list, the tow truck or facility shall be reinstated on the non-preference tow list. If the violation is not remedied or the tow vehicle or facility fail re-inspected within 30 days, non-preference tow certification for that tow vehicle and that facility shall be revoked.

(b) A listed tow business may avoid immediate suspension under this section by voluntarily removing the involved vehicle or facility from the list of authorized tow vehicles or facilities. A listed tow business must immediately provide an electronic submission of written documentation of voluntary removal under this section to the Oregon State Police Non-Preference Tow Program at OSPTOW@osp.oregon.gov.

(4) A listed tow business which has voluntarily removed an out of compliance tow truck or facility from service, may request re-inspection by an Oregon State Police inspector. Request for re-inspection must be in writing and sent to the Oregon State Police Non-Preference Tow Program at Oregon State Police, 3565 Trelstad Ave SE, Salem, OR 97317 or email to OSPTOW@osp.oregon.gov. Within a reasonable time following written request from the tow business for re-inspection, the Department shall re-inspect the equipment/facility. If the violation has been remedied and complies with these administrative rules, the listed tow business, vehicle or facility shall be re-listed. The Department may waive re-inspection if the Department determines that the tow business provided sufficient evidence that the violation has been remedied. If the Department determines the violations have been remedied, the vehicle or facility shall be relisted within 14 days of the Department’s determination.

(5) Upon revocation, suspension, expiration or voluntary relinquishment of a certification, a listed tow business's privilege to conduct non-preference towing services at the request of the Department is terminated.

(6) A listed tow business must notify the Oregon State Police Non-Preference Tow Program within 10 days of selling or transferring an authorized tow.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 1-2024, amend filed 04/04/2024, effective 04/09/2024
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06
OSP 5-2005, f. & cert. ef. 11-18-05

Or. Admin. R. 257-050-0130 Appeal

A tow business or qualified tow business aggrieved by the decision of the Hearings Program officer denying, suspending, or revoking a letter of appointment must make any further appeal of such decision to the Oregon Court of Appeals.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 2-1995, f. & cert. ef. 10-20-95
OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89
OSP 1-1989, f. & cert. ef. 1-3-89

Or. Admin. R. 257-050-0140 Place of Business Requirement and Business Hours

(1) A listed tow business must have a storage facility and place of business capable of independent operation within each assigned zone. A Storage facility alone does not meet this requirement.

(2) Multiple listed tow businesses may operate on a single piece of real property, provided each tow business maintains separate business records, storage facilities and certificates.

(3) A listed tow busines must be available for inspection by Oregon State Police between 8AM-5PM, excluding weekends and holidays.

(4) A listed tow business must post its primary contact telephone number in a manner that is clearly visible and prominent at each authorized place of business and storage facility. The posted phone number must reach a phone that must be answered 24 hours a day, seven (7) days a week to include holidays.

(5) A listed tow business must maintain personnel who release towed vehicles in accordance with ORS 98.858.

(6) A listed tow business must post and maintain its certification at its authorized place of business.

(7) A listed tow business’s place of business must have an office area accessible to the public where business can be conducted out of the weather.

(8) A listed tow business must be available for phone contact at all times. Each tow driver for a listed tow business must have the ability to maintain constant communication with the dispatch service where geographic conditions and signal strength permit.

(9) A listed tow business must respond to non-preference rotational tow requests from the Oregon State Police or the Oregon Department of Transportation.

(a) The listed tow business must notify the Oregon State Police Non-Preference Tow Program at OSPTOW@osp.oregon.gov or fax to OSP Patrol Division at 503-391-5910 when the listed tow company is unavailable for calls for any reason.

(b) The listed tow business shall advise the Oregon State Police Tow Program at OSPTOW@osp.oregon.gov or fax to OSP Patrol Division at 503-391-5910 once the listed tow business becomes available.

(c) If a listed tow business reports that it is unavailable, or if OSP determines the tow business is unavailable, the tow business will be moved to the bottom of the rotational list as if they had responded to the call.

(d) Failure to respond when requested for towing services by the Oregon State Police when the company has not previously notified the Oregon State Police that the company is not available may result in the suspension or revocation of the listed tow business's certification;

(10) On road time shall meet the following requirements:

(a) Class A and D-A tow trucks shall be on the road within fifteen minutes of the time the listed tow business accepts the tow request from the Department.

(b) Class B, C, D-B and D-C tow trucks shall be on the road within thirty minutes of the time the tow business accepts the tow request from the Department.

(11) A tow business shall provide an estimated response time to the Department at the time the Department requests towing service. The Department may waive this requirement if the Department determines that due to inclement weather or unusual circumstances a tow business is not able to give an estimated response time.

(12) A listed tow business shall tow non-hazardous abandoned vehicles within 24 hours of receiving a tow request from the Department. A listed tow business must notify the requesting dispatch center as soon as possible after a vehicle is removed from the roadway and in possession of the listed tow business, if a Department member or ODOT is not on scene.

(13) Other than non-hazardous tow requests described in (12) above, a listed tow business must respond immediately to all non-preference rotational tow requests by the Department unless directed otherwise.

(14) A listed tow business must maintain all of the following business records relating to non-preference rotational tows. These records may be in either paper or electronic form and must be maintained at each authorized place of business for a period of not less than three (3) years:

(a) The towed vehicle’s state issued license plate number;

(b) The make, model, color and year of the towed vehicle;

(d) The location vehicle was towed from;

(e) The location to where the vehicle was towed;

(f) The full name of tow truck driver who performed the tow;

(g) The reasons for the tow or related services provided;

(h) The time and date the tow or other service, including vehicle storage dates, as were performed;

(i) The tow truck which provided the tow services; and

(j) All Department documents involved in conjunction with the tow and

(k) Complete invoices for all non-preference tows.

(15) A listed tow business shall provide, upon request by the tow inspector / OSP, business records relating to non-preference rotational tows

(16) A listed tow business shall create and maintain invoice records showing itemized fees charged for each non-preference rotational tow performed by the business. Paper or electronic copies of these tow invoice fee records must be made available upon request to the Oregon State Police Tow Program or the legal owner of the vehicle towed or otherwise provided services.

(17) A listed tow business shall make every reasonable effort to minimize damage to the vehicle being towed during a tow.

(18) A listed tow business shall comply with ORS 98.858.

(a) A listed tow business shall allow personnel authorized by the Oregon State Police to access the vehicle and remove items as provided in ORS 98.858.

(b) This subsection does not apply to vehicles towed or stored as evidence.

(19) A listed tow business shall notify the Oregon State Police Command Center or local area command immediately by telephone when any person seeks to redeem any vehicle which was towed as hazard, impounded, as evidence, or where a hold has been placed on the vehicle by the Department.

(a) No vehicle towed as a hazard, impounded identified as evidence or under a hold shall be released without written release authorization from the Oregon State Police.

(b) A listed tow business may contact the local area command to verify the authorization for release. Verification of release authorization shall not cause an unreasonable delay in releasing the vehicle.

(c) When a person entitled to take possession of a vehicle towed under this rule presents the listed tow business with an official signed Oregon State Police release form, the listed tow business shall release the vehicle to the person named upon the release form after receiving payment in full.

(d) A listed tow business may be subject to suspension or revocation if the business releases a vehicle without first obtaining a signed Oregon State Police issued release authorization or fails to release a vehicle after receiving a properly executed Oregon State Police issued release authorization form.

(20) A listed tow business must maintain a storage facility that meets all the following requirements:

(a) The storage facility is indoor, outdoor or both;

(b) The storage facility is at least 10,000 square feet in size;

(d) The storage facility is located within the assigned tow zone;

(e) A storage facility may be separate from the listed tow business’s place of business provided both are within the assigned zone and tow business employees are able to respond from the place of business to the storage facility within 30 minutes;

(f) The storage facility is under the exclusive access and control of the listed tow business and authorized persons;

(g) The storage facility is not shared with any other business.

(21) The storage facility is fenced around the outside and the fencing meets the following requirements:

(a) The fencing complies with all zoning rules and regulations;

(b) The fencing is made of a woven wire composition normally referred to as "cyclone fencing-chain link fencing," made of a solid material, such as wood or concrete block, or is a permanent natural barrier which prevents access and unauthorized entry to the storage facility;

(d) The fencing is topped by at least three (3) strands of tightly strung barbed or razor wire;

(22) The fences, gates and entryways must meet the following requirements:

(a) The gates and entryways are of solid frame construction;

(b) The gates and entryways have the ability to lock;

(d) The gates and entryways are topped by at least three (3) strands of tightly strung barbed or razor wire.

(e) Listed tow businesses that are unable to comply with these fencing requirements because of local zoning requirements should notify the Oregon State Police Non-Preference Tow Program. The Department may allow variance from the fencing requirements on a case by case basis.

(23) A listed tow business must contact the Oregon State Police if the reason for the tow request is unclear.

(24) Listed tow businesses are responsible for the contents, storage and disposal of all personal items within a towed vehicle or from a towed vehicle.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 1-2024, amend filed 04/04/2024, effective 04/09/2024
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06
OSP 5-2005, f. & cert. ef. 11-18-05
OSP 2-1995, f. & cert. ef. 10-20-95
OSP 5-1992, f. & cert. ef. 12-16-92
OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89
OSP 1-1989, f. & cert. ef. 1-3-89

Or. Admin. R. 257-050-0145 Felony Convictions

(1) The Department shall deny a tow business’ application for a letter of appointment or revoke a qualified tow business’ letter of appointment for any of the following reasons:

(a) A qualified tow business, tow business, manager of daily operations, or principal is convicted of any Oregon felony offense, or any offense in another United States court that is equivalent to an Oregon felony offense, within the preceding fifteen (15) years from the date the application for a letter of appointment is received by the Department. This subsection is subject to the provisions set forth under ORS 166.270(4)(b).

(b) A qualified tow business, tow business, manager of daily operations, or principal is convicted of two or more felony offenses. This subsection applies regardless of the date of the conviction.

(c) A manager of daily operations or principal is convicted of any felony offense, or any offense in another United States court that is the equivalent of an Oregon felony offense, where a weapon was used or threatened to be used in the commission of the crime. This subsection applies regardless of the date of the conviction.

(d) A manager of daily operations or principal is convicted of any sex crimes. This subsection applies regardless of the date of the conviction.

(2) Disqualified drivers.

(a) A driver that has any conviction described in subsection (1) of this administrative rule is disqualified from operating any tow vehicle on behalf of a qualified tow business and shall not participate in the towing of vehicles for a qualified tow business under the Department’s non-preference tow program.

(b) A qualified tow business that employs a driver that has any conviction described in subsection (1) of this administrative rule will remain eligible to participate in the Department’s non-preference tow program under a letter of appointment. However, the qualified tow business shall not allow a driver that is ineligible under this subsection to participate in the towing of vehicles on behalf of the qualified tow business under any letter of appointment issued by the Department.

(c) Qualified tow businesses, tow businesses, managers of daily operations, and principals who become aware that a driver is disqualified under this subsection shall immediately notify the Department of the driver and the reason for the disqualification.

(3) The Department may, at any time, conduct Oregon LEDS checks of qualified tow businesses, tow businesses, managers of daily operations, principals, and drivers in order to enforce its administrative rules. The Department may also conduct checks of court records in order to determine the existence of felony convictions, dates of convictions, and other disqualifying factors under its administrative rules.

(4) These rules apply to any application for a letter of appointment or any letter of appointment in effect before, on, or after the effective date of these rule amendments.

History

Statutory/Other Authority: ORS 181A.350
Statutes/Other Implemented: ORS 181A.350
OSP 1-2017, f. & cert. ef. 3-8-17
OSP 2-2016(Temp), f. & cert. ef. 11-18-16 thru 5-16-17
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06
OSP 5-2005, f. & cert. ef. 11-18-05

Or. Admin. R. 257-050-0150 Towing

(1) The Department shall not establish, recommend or in any way dictate the cost of a non-preference tow conducted by a listed tow business.

(2) A listed tow business that conducts a non-preference tow under these administrative rules shall not represent to any person or business that a fee has been or will be charged by the Oregon State Police.

(3) All listed tow businesses shall annually provide to the Oregon State Police Tow Program a current itemized fee schedule which lists all fees the tow business charges for non-preference tow related services.

(4) A listed tow business may only charge and collect the fees listed on the fee schedule provided to the Oregon State Police Tow Program for work related to a non-preference tow. The amounts charged for each service or other item must match the provided fee schedule provided to the Oregon State Police Tow Program. This does not include sublet services performed by another listed tow company, rental equipment required for special circumstances, mechanical work, bodywork or other repair work conducted after the tow.

(5) Complaints relating to fees charged against a listed tow business may be referred to the Oregon Department of Justice Consumer Protection Hotline. Complaints may also be forwarded to the Oregon Tow Board.

(6) Listed Tow businesses shall not transport passengers in any towed or carried vehicle (refer to OAR 257-050-0150 (6)).

(7) Vehicles towed under the non-preference rotational tow program must be stored at a listed tow company’s approved storage facility and within the tow zone in which the tow occurred.

(8) If a listed tow company is operating in the tow zone via a tow waiver, the vehicle shall be towed to the listed tow company’s closest approved storage facility within the county.

(9) A listed business must use only tow equipment approved by the Department in the tow zone for which it applied.

(10) In the event a listed tow business has a closer listed tow truck of the appropriate class in an adjacent zone, the listed tow business may use the closer listed truck so long as the response time to the scene is not increased.

(11) If a tow business does not have the necessary equipment to conduct a required class of tow, the business shall be removed from the non-preference tow list for that class of tow and shall not contract with another company.

(12) If a listed tow business uses unapproved drivers the business may be suspended or removed from the list.

(13) If the tow business has the appropriate equipment for a particular class of tow, and has been approved for the particular zone, it is acceptable for a tow business to contract with another tow business for additional assistance, or use rental equipment, so long as the listed tow business is on scene during the recovery and has the appropriate equipment.

(14) A contracted tow business as described in (12) must also be on the Oregon State Police non-preference tow list and may only use tow equipment and drivers listed by the Department.

(15) Only tow equipment listed by the Department may be used.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 1-2024, amend filed 04/04/2024, effective 04/09/2024
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06
OSP 5-2005, f. & cert. ef. 11-18-05
OSP 2-1995, f. & cert. ef. 10-20-95
OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89
OSP 1-1989, f. & cert. ef. 1-3-89

Or. Admin. R. 257-050-0155 Suspension and Revocation (for Violation of a Law Chargeable as a Violation or Crime)

(1) The following suspension or revocation periods apply when a tow business, qualified tow business, or any principal or employee of a tow business or qualified tow business, has been convicted of a violation of law charged as a Violation or Crime:

(a) “First Suspension” — any first violation shall be for a period of not less than 60 days.

(b) “Second Suspension” — any second violation that is committed within a one (1) year period from the date of any final order under this rule shall be for a period of not less than one (1) year.

(c) “Third Suspension” — any third violation that is committed within a three (3) year period of the date of any final order under this rule shall be a revocation.

(2) The following constitute grounds for suspension:

(a) Commission of a violation or traffic crime of Oregon Law during the course and operation of the tow business’ or qualified tow business’ tow business.

(b) A principal or employee of a tow business or qualified tow business that commits any violation of Oregon Law while in the performance of his or her duties of employment.

(3) The following constitutes grounds for revocation:

(a) Commission of a crime, other than a traffic crime and that is chargeable as a misdemeanor or felony, by a tow business or qualified tow business during the course and operation of the tow business’ or qualified tow business’ tow business.

(b) A principal or employee of a tow business or qualified tow business that commits a crime chargeable as a misdemeanor or felony while in the performance of his or her duties of employment.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 4-2011, f. 9-2-11, cert. ef. 9-7-11
Reverted to OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 5-2010(Temp), f. 7-13-10, cert. ef. 7-14-10 thru 1-10-11
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06

Or. Admin. R. 257-050-0157 Suspension or Revocation for Violation (other than a Law Chargeable as a Violation or Crime)

(1) Suspensions or revocations, unless otherwise outlined or defined in these rules, shall fall under one of the following four levels:

(a) Immediate suspension — A suspension that takes place immediately, upon written notice from the Oregon State Police, as evidenced by the date of the postmark, removing a tow vehicle, tow equipment, tow business, or a qualified tow business from the non-preference rotational tow list.

(b) Level one suspension — any first violation of these Administrative Rules unless otherwise defined in the rule and shall be for a period of not less than sixty (60) days, and not more than one (1) year in length.

(c) Level two suspension — any second violation of these Administrative Rules that is committed within a one (1) year period from the date of any final order and shall be for a period of not less than one (1) year and not more than two (2) years in length.

(d) Revocation — any third violation of these Administrative Rules that is committed within a three (3) year period of the date of any final order and shall result in a revocation.

(2) A suspension shall be in effect until the violation is corrected, or the Department orders reinstatement of a letter of appointment or right to apply for a letter of appointment.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 4-2011, f. 9-2-11, cert. ef. 9-7-11
Reverted to OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 5-2010(Temp), f. 7-13-10, cert. ef. 7-14-10 thru 1-10-11
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06
OSP 5-2005, f. & cert. ef. 11-18-05

Or. Admin. R. 257-050-0170 Hearings

(1) The Oregon Administrative Procedures Act shall govern the proceedings of any hearing held pursuant to these regulations All hearings shall be conducted by the Oregon Office of Administrative Hearings. The Department has final order authority.

(2) A request for an administrative hearing must be mailed to the Oregon State Police Town Program, 3565 Trelstad Ave SE, Salem, OR 97317. The request must be received within fifteen (15) days from the date of notice of denial, suspension and/or revocation as evidenced by the postmark. The Department may also initiate or request an administrative hearing, regarding a denial, suspension and/or revocation as evidenced by the postmark.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 1-2024, amend filed 04/04/2024, effective 04/09/2024
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06
OSP 5-2005, f. & cert. ef. 11-18-05

Or. Admin. R. 257-050-0180 Judicial Review

A tow business or qualified tow business aggrieved by a final order of the Department denying, suspending, or revoking a letter of appointment may seek judicial review of such decision in the Oregon Court of Appeals. The denial, suspension or revocation shall remain in effect during the appeal.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06

Or. Admin. R. 257-050-0200 Mandatory Equipment and Safety Standards for Tow Trucks

(1) All equipment used by a listed tow company must meet the equipment manufacturer’s recommendations/load limit. Equipment shall not exceed manufacturer’s safety specifications.

(2) All equipment used in conjunction with the tow truck winching system must be used in such a way as to not exceed the equipment safe working load.

(3) All winching equipment, booms, snatch blocks, rigging, must have permanently affixed durable factory identification which states the safe working load. If this identification has been removed or is no longer readable, it is deemed out-of-service and may no longer be used. Equipment may be re-inspected by a recognized recertification company. If the equipment is acceptable, it may be identified with a safe working load limit and a recertification company identifier. It will be deemed acceptable if the operator maintains a copy of the certification of winching equipment.

(4) All tow vehicles operated by a listed tow business must be equipped with the following minimum equipment: At least two (2) upper work lights (near light bar) and 2 lower work lights (36” or lower), mounted behind the cab of each tow vehicle which are controlled by a separate dedicated on/off switch at each level. This lighting must be capable of illuminating the work area;

(5) A cellular phone, an FCC licensed two-way radio or a similar means of maintaining constant contact, where conditions permit, with each tow truck operated by the business. Citizen band radios do not meet this requirement.

(6) Rope as required for each class of tow vehicle. Rope lengths shall be measured from the point of attachment on each drum. Ropes shall meet the following requirements:

(a) Each rope shall be capable of being fully extended from and fully wound onto its drum; this includes a properly functioning free spool mechanism on each winch.

(b) No less than five wraps of wire rope or eight wraps of synthetic rope must remain on the drum when the rope is fully extended.

(7) Wire ropes shall be free from the following defects or conditions:

(a) There must be no more than six randomly distributed broken wires in one rope lay, or more than three broken wires in one strand in one rope lay;

(b) Any evidence of heat damage from any cause;

(d) Synthetic rope must be free of the following defects:

(e) No evidence of heat damage;

(f) No evidence of abrasion damage;

(g) There must be no cut strands;

(h) No end attachments that are cracked, deformed, worn or loosened;

(i) No evidence of excessive damage.

(8) LED, strobe or rotator lights. These lights must meet the following requirements:

(a) At least one set of portable lights for the unit being towed. The portable light set must include taillights, brake lights and directional signal lights.

(b) Be red or amber in color;

(d) May only be used at the scene when necessary to warn approaching traffic.

(9) A broom and a shovel. The tow truck driver shall clean all debris associated with said incident scene. Tow truck driver is also responsible for cleanup of injurious substances as required by ORS 822.225.

(10) A wheel lift, car carrier, or other comparable device incorporating a material designed to protect vehicles.

(11) A wheel lift, car carrier, or other comparable device that can tow motorcycles.

(12) At least one 40 BC rated fire extinguisher.

(13) At least one snatch block, or equivalent block, in good working condition for each working line.

(14) At least one commercial grade manufactured dolly on all class A recovery vehicles up to 26,000 GVWR and on a class B Tow truck if it is being used to cover a class A zone.

(15) At least one set of portable lights for the unit being towed. The portable light set must include taillights, brake lights and directional signal lights.

(16) At least two warning signs notifying approaching traffic of an incident which comply with ORS 822.220. Warning signs must conform to the Oregon Department of Transportation's publication “Oregon Temporary Traffic Control Handbook” (OTTCH) as adopted by OAR 734-020-0005.

(17) Failure to meet these minimum equipment requirements for each tow vehicle may be cause for suspension or revocation of certification and removal from the non-preference tow list.

(18) Class A tow vehicle shall be capable of towing and recovery operations for passenger cars, pickup trucks, small trailers or equivalent vehicles. Class A tow trucks must meet the requirements of subsection (1) through (17) of this section, and must be equipped with or meet all of the following additional requirements:

(a) Have at least a 14,500 pound manufacturer's gross vehicle weight rating;

(b) Have dual tires on the rear axle;

(c) Have a boom with at least an eight-ton hydraulic boom rating with dual or single winches to control a minimum of one service drum;

(d) Be equipped with either an 8000-pound winch with a minimum of one hundred (100) feet of 3/8-inch continuous length wire rope or equivalent rated synthetic rope, or with an 10,000-pound winch with a minimum of one hundred (100) feet of 7/16-inch continuous length wire rope or equivalent rated synthetic rope;

(e) A wheel lift system with at least a fully extended working load rating of 3,500 pounds.

(19) Class B tow vehicles shall be capable of towing and recovery operations for medium size trucks, trailers, motor homes with a front engine or equivalent vehicles. Class B tow trucks must meet the requirements of subsection (1) through (17) of this section, and must be equipped with or meet all of the following additional requirements:

(a) Have at least a 22,000 pound manufacturer's gross vehicle weight rating or equivalent.

(b) Be equipped with an extendable hydraulic boom with a minimum 20,000-pound rating having a minimum of dual 10,000 lb winches and 150 feet of 7/16-inch continuous length wire rope or synthetic equivalent per winch;

(c) Class B tow vehicles more than 26,001 pounds GVWR are not required to carry dollies when used for heavy towing. However, dollies are required when a Class B tow vehicle is used for Class A Towing;

(d) A wheel lift system with a minimum fully extended working load rating of 5,000 pounds;

(20) Class C tow vehicles shall be capable of towing and recovery operations for large trucks, trailers, motor homes or equivalent vehicles. Class C tow vehicles must meet the requirements of subsection (1) through (17) of this section, and be equipped with and meet the following additional requirements:

(a) Have at least a 33,000 pound manufacturer's gross vehicle weight rating or equivalent.

(b) Be equipped with a twenty-five-ton minimum rated hydraulic extendable boom with two duel 25,000-pound hydraulic winches;

(c) Have at least 2 separate, 150 feet continuous lengths of wire rope, with five-eighths inch diameter or an equivalent rated synthetic rope;

(d) Be equipped with air brakes and an air system capable of supplying air to the towed unit; Tow vehicle must be capable of operating the towed vehicles brake system.

(e) Portable dollies are not required;

(f) Be equipped with tandem rear axle truck chassis (three axle truck);

(g) Be equipped with rear axles which have dual tires;

(h) Be equipped with an under-lift suitable for Class C tow vehicles with a minimum rating of 12,000 pounds, fully extended;

(i) The tow vehicle must have a minimum wheelbase of 280 inches.

(21) Class D-A tow trucks shall meet the requirements of subsection (1) through (17) of this section, and be equipped with and meet the additional the following requirements:

(a) Class D-A tow trucks shall not be considered a recovery vehicle.

(b) Have at least a 14,500-pound manufacturer's gross vehicle weight rating;

(d) Be equipped with at least 50 feet of 3/8-inch diameter continuous length wire rope or an equivalent rated synthetic rope;

(e) The tow vehicle may include a wheel lift, if chassis GVWR is over 17,500 pounds and the wheel lift system has at least a fully extended working load rating of 3,000 pounds.

(22) Class D-B tow trucks shall meet the requirements of subsection (1) through (17) of this section, and in be equipped with and meet the following additional requirements:

(23) Class D-B tow trucks equipped with a commercially manufactured side puller system may be considered a recovery vehicle. Must have an A or B tow vehicle within an adjoining tow zone in order to use this as a recovery vehicle.

(a) Have at least a 22,000-pound manufacturer's gross vehicle weight rating;

(b) Be equipped with dual tires on the rear axle;

(c) Be equipped with at least 75 feet of 3/8 inch continuous length diameter wire rope or an equivalent rated synthetic rope;

(d) Be equipped with a wheel lift system with a minimum fully extended working load rating of 3000 pounds;

(24) Class D-C tow trucks shall meet the requirements of subsection (1) through (17) of this section, and be equipped with and meet the following additional requirements:

(a) Class D-C tow trucks equipped with a commercially manufactured side puller system may shall be considered a recovery vehicle. There must be a Class C tow vehicle in an adjoining tow zone in order to use this vehicle as a recovery vehicle.

(b) Have at least a 33,000-pound manufacturer's gross vehicle weight rating.

(d) Be equipped with a tandem rear axle truck chassis with dual tires.

(e) The tow vehicle may include a wheel lift;

(f) Be equipped with air brakes and an air system capable of supplying air to the towed unit. Tow vehicle must be capable of operating the towed vehicles brake system.

History

Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
OSP 1-2024, amend filed 04/04/2024, effective 04/09/2024
OSP 3-2011, f. & cert. ef. 3-8-11
OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10
OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10
OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10
OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06
OSP 5-2005, f. & cert. ef. 11-18-05

Division 55 EMPLOYMENT STANDARDS AND PRACTICES

Or. Admin. R. 257-055-0001 Gaming Industry Employment Prohibition

As required by ORS 244.045(5)(a), the Superintendent of the Department of State Police has designated the following positions to be subject to the prohibitions outlined in the statute:

(1) Superintendent.

(2) Deputy Superintendent.

(3) Operations Services Bureau Commander.

(4) Director of the Gaming Enforcement Division.

(5) Administrative Lieutenant of the Lottery Security Section.

(6) Administrative Lieutenant of the Tribal Gaming Section.

History

Statutory/Other Authority: ORS 244.045 (5)(a)
Statutes/Other Implemented: ORS 750 & OL 1997 (ORS 244.045)
OSP 1-2001, f. & cert. ef. 10-1-01

Division 60 DNA PROFILING OF CONVICTED OFFENDERS

Or. Admin. R. 257-060-0005 Collection and Submission of Samples

(1) Blood Samples. Any blood sample drawn under the authority of ORS 137.076, 161.325, 419C.473 or 181.085 shall be collected in one 1 purple-stoppered vacutainers containing an EDTA preservative. The submitted sample shall consist of at least one full vacutainer. Agencies submitting blood samples shall:

(a) Label the vacutainers with the contributor’s name and SID number. If no SID number has been assigned to the contributor, the submitting agency shall use the contributor’s date of birth.

(b) Complete a submission form supplied by the Oregon State Police and enclose the completed form with the samples submitted.

(c) Deliver the blood samples within seven (7) days of the date of collection to the Oregon State Police Crime Lab DNA Profiling Unit. Samples should be refrigerated prior to delivery to the Oregon State Police Crime Lab.

(2) Buccal Samples. Oral buccal cell samples shall be submitted on proper preservation media as described in the Oregon State Police protocols.

History

Statutory/Other Authority: ORS 181.085(1)(e)
Statutes/Other Implemented: ORS 137.076
OSP 3-2002, f. & cert. ef. 6-14-02
OSP 5-1991, f. & cert. ef. 11-21-91
OSP 2-1991(Temp), f. 9-12-91, cert. ef. 9-29-91

Or. Admin. R. 257-060-0010 Inspection of DNA Profile Records

(1) Any person who believes that he or she is the subject of a record within the criminal offender DNA database may make a request to the Oregon State Police Crime Lab to verify the existence or accuracy of such a record. All requests shall be in writing and on the form “request to view genetic database information.” This form may be obtained by contacting the Oregon State Police. The form shall include all of the following information:

(a) Name;

(b) Mailing address;

(d) SID number (unless a SID number has not been assigned to the requestor);

(e) Signature; and

(f) Right thumbprint. The right thumbprint submitted with any request must be obtained from and witnessed by a law enforcement official authorized to take fingerprints.

(2) If the criminal offender DNA database contains no record pertaining the to requestor, the Oregon State Police Crime Lab shall notify the requestor in writing that no record exists.

(3) If the criminal offender DNA database contains a record pertaining to the requestor, the Oregon State Police Crime Lab shall send a printout of the pertinent genetic profile to the address of the requestor listed in the request. Profiles pertaining to individuals other than the requestor shall not be released to the requestor.

(4) Prior to the release of a printout of pertinent genetic profile, the Oregon State Police Crime Lab may require the requestor to pay the cost of preparing and photocopying the genetic profile as established by OAR 257-020-0005.

(5) This rule applies only to those records, samples, and autoradiographs actually stored by the Oregon State Police Crime Lab, and it is not intended to preclude the crime lab from destroying those items after analysis.

History

Statutory/Other Authority: ORS 181.085(1)(e)
Statutes/Other Implemented: ORS 137.076
OSP 3-2002, f. & cert. ef. 6-14-02
OSP 5-1991, f. & cert. ef. 11-21-91
OSP 2-1991(Temp), f. 9-12-91, cert. ef. 9-29-91

Or. Admin. R. 257-060-0015 Challenges of DNA Profile Records

(1) Any contributor of a record within the criminal offenders DNA profile database may challenge the accuracy of the record by filing a challenge in writing with the Oregon State Police Crime Lab. The challenge shall identify the record by the name, date of birth, and SID number of the contributor and shall contain the contributor’s address and signature and a thumbprint from each thumb.

(2) If the challenge pertains to the accuracy of the profile, it must be accompanied by a profile of the contributor’s genetic material produced by an independent laboratory using the same genetic markers as those used to create the challenged record. The Oregon State Police will not be responsible for the cost of producing this independent profile.

(3) Any discrepancy between the database profile and the profile filed by the contributor will be classified as either significant or insignificant. A discrepancy is significant if it is more than twice the match criteria established by the Oregon State Police Crime Laboratory. Any lesser discrepancy will be classified as insignificant.

(4) If the discrepancy is significant, the Oregon State Police Crime Lab staff shall directly supervise the withdrawal of a new blood sample from the contributor and shall create a new profile from that sample. This new profile shall be entered into the database as the sole profile pertaining to the contributor.

(5) If the discrepancy is insignificant, the existing database record shall not be removed or altered, but shall remain the sole database profile pertaining to the contributor. The Oregon State Police Crime Lab shall retain in a separate file all materials submitted by the contributor to challenge the record.

History

Statutory/Other Authority: ORS 181.085(1)(e)
Statutes/Other Implemented: ORS 137.076
OSP 5-1991, f. & cert. ef. 11-21-91
OSP 2-1991(Temp), f. 9-12-91, cert. ef. 9-29-91

Division 70 SEX OFFENDER REGISTRATION

Or. Admin. R. 257-070-0005 Statement of Purpose

The purpose of these rules is to implement and interpret ORS 163A.005 to 163A.235. The Oregon State Police is authorized to adopt rules interpreting and implementing the described statutes. These rules establish standards and procedures for victim and public access to sex offender information.

History

Statutory/Other Authority: ORS 183.335 & ORS 192.318
Statutes/Other Implemented: ORS 163A.005-163A.235
OSP 7-2024, amend filed 12/05/2024, effective 12/09/2024
OSP 6-2024, minor correction filed 07/02/2024, effective 07/02/2024
OSP 2-2005, f. 7-15-05, cert. ef. 8-21-05
Reverted to OSP 3-2000, f. & cert. ef. 7-11-00
OSP 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05
OSP 3-2000, f. & cert. ef. 7-11-00
Reverted to OSP 6-1991, f. & cert. ef. 11-21-91
OSP 2-1999(Temp), f. & cert. ef. 9-13-99 thru 3-10-00
OSP 6-1991, f. & cert. ef. 11-21-91
OSP 3-1991(Temp), f. 9-27-91, cert. ef. 9-29-91

Or. Admin. R. 257-070-0015 Definitions

SEX OFFENDER REGISTRATION

(1) “Another United States court” means a federal court; military court; tribal court of a federally recognized Indian tribe; court in a state other than Oregon; or a court of the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands.

(2) “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(3) “Registering agency” and “registering agencies” means a local police department, county sheriff’s office, or a regional Oregon State Police office.

(4) “Sex offender” means a person convicted, adjudicated or found guilty of a crime:

(a) That would constitute a sex crime if convicted in this state; or

(b) Which the person would have to register as a sex offender in another United States court’s jurisdiction, or as required under federal law; regardless of whether the crime would constitute a sex crime in this state.

(5) “Sex offender web site” means an internet web site maintained by the Department that contains information about registered sex offenders.

(6) “Sex offender registration form” means information regarding sex offenders that is formatted, inscribed, stored and retrievable on a Department approved medium.

(7) “Sex offender information” includes but is not limited to:

(a) Complete name(s), including but not limited to:

(A) First, middle(s), and last;

(B) Prefixes and suffixes;

(D) Ethnic Names; and/or

(E) Tribal names

(b) Date of birth

(d) Social Security Number

(e) SID Number

(f) FBI Number

(g) Fingerprints

(h) Palm prints

(i) Photograph

(j) Race

(k) Gender

(l) Physical description, including but not limited to:

(A) Height

(B) Weight

(D) Eye color

(E) Scars

(F) Birth or other body marks

(G) Tattoos, and/or

(H) Other identifying characteristics

(m) Emergency contact information

(n) Internet identifiers, both web and application based

(o) Passport number(s) and /or immigration documents and expiration dates

(p) Current residential address, or

(A) If no permanent physical address, then the location where the sex offender can be found on a consistent basis.

(B) If planning a move, then the current and future residential address.

(q) Any information concerning temporary lodging of seven days or longer.

(r) Current name and address of employment, vocation, transient or day labor, and/or volunteer address where sex offender works or will work, regardless of monetary compensation, if applicable.

(s) Current name and address of education institution whether public or private, including any higher education, secondary, trade, and/or professional school, where sex offender attends or will attend.

(t) Professional licenses, designations, and certifications held by the sex offender.

(u) Year, make, model, color, license plate number, registration number, and addresses/locations for all vehicles, including automobiles, watercrafts, and aircraft, currently owned or operated by sex offender.

(v) Offenses of conviction, including:

(A) Title of offense(s) or ORS number(s)

(B) Year(s) of conviction.

(D) Victim’s age at time of offense.

(E) Text of offense statute.

(w) Offender level as referenced in ORS 163A.100 and 163A.105.

(x) Offender status.

(8) “Victim” means a person, or the legal guardian of a person, who is:

(a) The victim of a sex crime listed in ORS 163A.005 the commission of which resulted in a conviction, a finding of guilty except for insanity, or a finding that a youth was within the jurisdiction of the juvenile court for an act which, if committed by an adult, would constitute a sex crime; or

(b) Any person who is named in a criminal complaint as a victim of a sex crime listed in ORS 163A.005 who in the course of any judicial proceeding is acknowledged by the defendant to be the victim of a sex crime listed in ORS 163A.005.

History

Statutory/Other Authority: ORS 163A.045
Statutes/Other Implemented: ORS 163A.005 - 163A.235
OSP 1-2022, amend filed 02/10/2022, effective 02/10/2022
OSP 1-2016, f. & cert. ef. 3-7-16
OSP 2-2005, f. 7-15-05, cert. ef. 8-21-05
Reverted to OSP 3-2000, f. & cert. ef. 7-11-00
OSP 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05
OSP 3-2000, f. & cert. ef. 7-11-00
Reverted to OSP 3-1994, f. & cert. ef. 8-1-94
OSP 2-1999(Temp), f. & cert. ef. 9-13-99 thru 3-10-00
OSP 3-1994, f. & cert. ef. 8-1-94
OSP 6-1991, f. & cert. ef. 11-21-91
OSP 3-1991(Temp), f. 9-27-91, cert. ef. 9-29-91

Or. Admin. R. 257-070-0025 Victim Access to Registered Sex Offender Information

(1) A victim shall be issued a victim identification number and shall be given the registry identification number of the registered sex offender who committed the crime against the victim:

(a) At any time, upon request by the victim; and

(b) Upon verification of the identification of the victim.

(2) The Department of State Police has established a toll-free telephone number, 1-800-551-2934, to provide victims with updates on the prison status, release information, parole status and any information concerning the registered sex offender who committed the crime against the victim that is authorized for release under ORS 163A.005 to 163A.235. The telephone line will be operational 8 a.m. to 5 p.m. Monday through Friday.

History

Statutory/Other Authority: ORS 183.335, ORS 163A.230 & ORS 192.318
Statutes/Other Implemented: ORS 163A.005 - 163A.235
OSP 5-2024, minor correction filed 07/02/2024, effective 07/02/2024
OSP 2-2005, f. 7-15-05, cert. ef. 8-21-05
Reverted to OSP 3-2000, f. & cert. ef. 7-11-00
OSP 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05
OSP 3-2000, f. & cert. ef. 7-11-00
Reverted to OSP 6-1991, f. & cert. ef. 11-21-91
OSP 2-1999(Temp), f. & cert. ef. 9-13-99 thru 3-10-00
OSP 6-1991, f. & cert. ef. 11-21-91
OSP 3-1991(Temp), f. 9-27-91, cert. ef. 9-29-91

Or. Admin. R. 257-070-0100 Registration Process for Registering Agencies

(1) The Department will provide a secure internet website to enable registering agencies to register sex offenders. Except as authorized under subsection (5) of this administrative rule, registering agencies shall use the Department’s secure internet website to complete and forward to the Department an electronic sex offender registration form for each registerable sex offender. For purposes of this administrative rule, an electronic sex offender registration form is forwarded to the Department when the registering agency:

(a) Fully completes the sex offender registration form using the Department’s secure internet website; and

(b) Submits the sex offender registration form to the Department by pressing the designated submission button.

(2) Registering agencies shall complete a separate sex offender registration form for each type of sex offender registration event required by law, which includes but is not limited to, initial registrations, annual registrations, changes of address, changes in employment, or changes in higher education facilities.

(3) Registering agencies shall submit separate electronic sex offender registration forms when simultaneous sex offender registration events occur (for example, if a registerable sex offender changes residence at the same time the registerable sex offender is also required to complete an annual sex offender registration form, the registering agency shall complete two separate electronic sex offender registration forms: one for the change of residence registration event and one for the annual registration event).

(4) When registering sex offenders, a registering agency’s representative shall:

(a) Log in to the Department’s secure internet website to complete and forward the sex offender registration form;

(b) Follow the instructions posted on the Department’s secure internet website;

(A) Electronically complete the entire sex offender registration form;

(B) Electronically initial the sex offender registration form where required; and

(d) Ensure that the sex offender registration form is complete and accurate; and

(e) Upload the sex offender registration form and photograph(s) of the registerable sex offender, along with any required fingerprints, to the Department’s secure website; and

(f) Electronically forward the sex offender registration form, photographs, and required fingerprints to the Department.

(5) Registering agencies shall electronically forward sex offender registration forms and related information to the Department unless a technical problem prevents access to the Department’s secure internet website or the electronic transmission of the sex offender registration form and related materials to the Department. Registering agencies may only use a paper sex offender registration form if a technical problem exists that prevents a registering agency from electronically submitting a sex offender registration form and related materials to the Department. If a registering agency uses a paper sex offender registration form, the registering agency shall send a Law Enforcement Data System (LEDS) Administrative Message without delay, and shall submit the paper form to the Department within three (3) business days by regular mail. If an agency is unable to submit an Administrative Message via LEDS, the agency shall notify the Department by email. A paper sex offender registration form is submitted to the Department when the registering agency deposits the paper sex offender registration form, properly addressed and prepaid, into the U.S. Postal Service.

(6) In addition to electronically completing and submitting a sex offender registration form for each registerable sex offender registered, a registering agency during registration shall:

(a) Photograph the registerable sex offender. Registering agencies also may photograph any identifying scars, marks or tattoos physically present on the registerable sex offender, and include those photographs with the materials submitted to OSP SOR; and

(b) Fingerprint the registerable sex offender, unless the registerable sex offender’s fingerprints already exist in the Department’s record file. Registering agencies shall check LEDS for the registerable sex offender’s record. If the registerable sex offender has not been fingerprinted, the registering agency shall fingerprint the registerable sex offender and send the fingerprints to the Department’s Criminal Justice Information Services (CJIS) division within three (3) business days in a CJIS approved manner.

History

Statutory/Other Authority: ORS 163A.035
Statutes/Other Implemented: ORS 163A.035
OSP 4-2024, minor correction filed 07/02/2024, effective 07/02/2024
OSP 1-2016, f. & cert. ef. 3-7-16

Or. Admin. R. 257-070-0110 Registration Requirements for Registerable Sex Offenders

(1) Registerable sex offenders shall only register with a registering agency in their county of residence.

(2) Registerable sex offenders shall submit to registration as directed by the registering agency and as required by law.

(3) When registering with a registering agency, each registerable sex offender shall:

(a) Provide all information necessary to complete the sex offender registration form;

(b) Sign the form by electronic signature or as directed by the registering agency; and

History

Statutory/Other Authority: ORS 163A.005 - 163A.235
Statutes/Other Implemented: ORS 163A.005 - 163A.235
OSP 3-2024, minor correction filed 07/02/2024, effective 07/02/2024
OSP 1-2016, f. & cert. ef. 3-7-16

Or. Admin. R. 257-070-0120 Recordkeeping

(1) Once a sex offender registration form is received by the Department, the Department will:

(a) Update the Department’s sex offender registry records; and

(b) Retain an electronic copy of the sex offender registration form.

(2) The Department will not retain paper copies of sex offender registration forms.

History

Statutory/Other Authority: ORS 163A.035 & ORS 192.001 - 192.190
Statutes/Other Implemented: ORS 163A.035 & ORS 192.001 - 192.190
OSP 2-2024, minor correction filed 07/02/2024, effective 07/02/2024
OSP 1-2016, f. & cert. ef. 3-7-16

Or. Admin. R. 257-070-0130 Internet Notification of Level Three Sex Offenders

The Department shall utilize the sex offender registry public website to make information available to the public regarding level three sex offenders currently recorded on the Registry and not otherwise except from publication unless or until:

(1) The Board of Parole and Post-Prison Supervision notifies the Department that the level three designation for the sex offender is incorrect;

(2) The level three sex offender is assessed and classified by the Board of Parole and Post-Prison Supervision as either a level one or level two sex offender;

(3) The offender is removed from the Registry; or

(4) The offender becomes exempt from publication due to coming under the supervision of the Psychiatric Security Review Board.

History

Statutory/Other Authority: ORS 163A.215 & ORS 163A.220
Statutes/Other Implemented: ORS 163A.005-163A.235
OSP 7-2024, amend filed 12/05/2024, effective 12/09/2024
OSP 1-2016, f. & cert. ef. 3-7-16

Division 80 TRIAL BOARD PROCEDURES

Or. Admin. R. 257-080-0000 Purpose of Rules

These rules outline the process afforded sworn, unrepresented members of the Department during consideration of their removal from State service, with the following objectives:

(1) To permit the member to address the review board prior to a final decision on removal.

(2) To establish procedures for the member and the review board to follow.

(3) To recognize that sworn, unrepresented members of the department hold their respective positions in an “at-will” status.

(4) To provide the procedure for the decision of the Board to be communicated to the member and to the individual who made the initial recommendation on removal.

(5) To establish the internal mechanism for the member to make a request that the Review Board decision be considered and examined by the Office of the Superintendent.

History

Statutory/Other Authority: ORS 181.280 & 181.310
Statutes/Other Implemented: ORS 181.290 - 181.340
OSP 4-2012, f. & cert. ef. 9-5-12
OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12
Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12
OSP 1-1997, f. & cert. ef. 1-22-97

Or. Admin. R. 257-080-0005 Statutory Authority for Rules

These rules are adopted under the authority provided by ORS 181.280

History

Statutory/Other Authority: ORS 181.280 & 181.310
Statutes/Other Implemented: ORS 181.290 - 181.340
OSP 4-2012, f. & cert. ef. 9-5-12
OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12
Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12
OSP 1-1997, f. & cert. ef. 1-22-97

Or. Admin. R. 257-080-0010 Definitions

(1) Department — refers to the Oregon Department of State Police.

(2) Member — refers to the sworn, unrepresented member with sustained allegations who is afforded an informal meeting under these rules.

(3) Review Board members — Department members appointed by the Superintendent or designee.

(4) Recommending staff — the Department staff making the initial recommendation for removal of the member.

(5) Personnel Report — the record of information that was gathered during a personnel investigation and fact-finding process which is used to decide whether there are grounds to consider the removal of the member from the Department.

History

Statutory/Other Authority: ORS 181.280 & 181.310
Statutes/Other Implemented: ORS 181.290 - 181.340
OSP 4-2012, f. & cert. ef. 9-5-12
OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12
Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12
OSP 1-1997, f. & cert. ef. 1-22-97

Or. Admin. R. 257-080-0015 Grounds for Removal

Because members subject to these rules hold their position as “at-will” employees, the member’s employment is not subject to any cause standard and the Department legally retains discretion in making a decision on removal.

History

Statutory/Other Authority: ORS 181.280 & 181.310
Statutes/Other Implemented: ORS 181.290 - 181.340
OSP 4-2012, f. & cert. ef. 9-5-12
OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12
Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12
OSP 1-1997, f. & cert. ef. 1-22-97

Or. Admin. R. 257-080-0020 Investigation and Fact Finding Processes

(1) The investigation process will be the fact-gathering process the Department follows in conducting personnel investigations as found in the most current form of the Department Manual titled “Personnel Complaint Procedures and Guidelines for investigations and Corrective Action.”

(2) The fact-finding process will follow those provisions in the most current form of the same Department Manual under the “Making Findings of Fact” section.

(3) If the results of this process result in “sustained” Findings of Fact the process under these rules will continue.

History

Statutory/Other Authority: ORS 181.280 & 181.310
Statutes/Other Implemented: ORS 181.290 - 181.340
OSP 4-2012, f. & cert. ef. 9-5-12
OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12
Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12
OSP 1-1997, f. & cert. ef. 1-22-97

Or. Admin. R. 257-080-0025 Procedure to notify member of Findings, Recommendation, and Request to convene a Review Board

(1) The sustained Findings of Fact and Recommendation will be prepared and signed by the recommending staff, or the Office of Professional Standards, and shall include:

(a) The name and duty station of the member.

(b) A listing of sustained allegation(s) with a finding for each.

(2) The document may include:

(a) A description of information concerning the member's tenure with the department such as performance reviews and any letters in the file which may be relevant to an understanding of the allegations;

(b) Particular training or education provided;

(d) Informal discussions or other communications with the member by other managers or supervisors;

(e) The availability of written standards or expectations - whether formal or informal; and

(f) Any other matters which may provide a context in which to review the specific conduct at issue.

(3) A suggested format for the document is:

(a) Member's name;

(b) Member's duty station;

(c) As a sworn member of the department, subject to ORS 181.280 and OAR 257, division 80, this is written notice of allegation(s) from which a recommendation for your removal as a member of the department has been made along with a request to convene a Review Board.

(d) Relevant background information as appropriate.

(e) The facts that have been sustained, setting them out in a logical and chronological format, using headings and subheadings if necessary, to assist the reader in understanding the particulars that form the basis of the recommendation.

(4) The completed document with the sustained allegations, recommendation and request shall be delivered to the Office of Professional Standards, where they will be filed and logged.

History

Statutory/Other Authority: ORS 181.280 & 181.310
Statutes/Other Implemented: ORS 181.290 - 181.340
OSP 4-2012, f. & cert. ef. 9-5-12
OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12
Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12
OSP 1-1997, f. & cert. ef. 1-22-97

Or. Admin. R. 257-080-0030 Initiating a Review Board

(1) Upon notice from the Office of Professional Standards that the completed document with the sustained allegations, recommendation and request has been filed and logged, the Superintendent or designee, shall appoint a three person Board of Review.

(2) The Board shall consist of three members who are of superior rank to the involved member, if that is possible, and the three members shall be of equal rank, also to the extent that is possible.

(3) The Board shall convene, select a Presiding Officer, and determine the time and place of the meeting to be scheduled with no less than ten days notice to the member.

(4) The member shall be notified, in writing, of the following:

(a) The individuals composing the Review Board and the member’s right to demand, in writing and one time only, that any or all of the persons appointed to the board be replaced without stating reason or cause. On receipt of such a demand, the Superintendent or designee shall appoint new representatives to replace those removed;

(b) The location, date and time of the member to meet with the Board;

(c) The member's right to be accompanied by legal counsel, at their own expense, or another employee of their choosing to assist them in presenting information or suggesting further inquiry before a decision is made by the Board ;

(5) If an extension of time is necessary for the member to prepare a presentation, the board shall grant a reasonable period of time upon request.

History

Statutory/Other Authority: ORS 181.280 & 181.310
Statutes/Other Implemented: ORS 181.290 - 181.340
OSP 4-2012, f. & cert. ef. 9-5-12
OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12
Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12
OSP 1-1997, f. & cert. ef. 1-22-97

Or. Admin. R. 257-080-0035 Review Board — Generally

(1) An audio recording of the meeting will be made, which shall constitute the only record.

(2) The Board may have legal counsel from the Oregon Department of Justice to advise them on any matters and attend the meeting and deliberative process as it deems necessary.

(3) Failure to comply with one or more of the terms of these rules concerning the Review Board process shall not invalidate any sustained allegations or negate any proceeding before the board.

(4) All attendees shall conduct themselves in a respectful manner. Failure to comply with the Board’s effort to retain order will result in expulsion from the meeting.

History

Statutory/Other Authority: ORS 181.280 & 181.310
Statutes/Other Implemented: ORS 181.290 - 181.340
OSP 4-2012, f. & cert. ef. 9-5-12
OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12
Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12
OSP 1-1997, f. & cert. ef. 1-22-97

Or. Admin. R. 257-080-0040 Review Board Pre-meeting Matters

(1) The Department shall forward to the member, within a reasonable time after the hearing is set, all investigative reports and other documents prepared according to the requirements of the department's personnel review manual.

(2) The member's official personnel file shall be available for inspection by the parties or their respective representatives upon advance request to the Office of Professional Standards Section at General Headquarters.

History

Statutory/Other Authority: ORS 181.280 & 181.310
Statutes/Other Implemented: ORS 181.290 - 181.340
OSP 4-2012, f. & cert. ef. 9-5-12
OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12
Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12
OSP 1-1997, f. & cert. ef. 1-22-97

Or. Admin. R. 257-080-0045 Board Meeting

(1) The Board designated Presiding Officer shall open the meeting on the record, by introducing the parties and identifying the purpose of the meeting.

(2) The record made available to the Board shall be identified by the Presiding officer.

(3) The member, or designee, may make opening remarks.

(4) The member may offer physical evidence and written statements.

(5) Review Board members may ask questions of the member.

(6) The member or designee may make concluding remarks.

(7) The meeting will be private unless the member makes written request that it be public.

History

Statutory/Other Authority: ORS 181.280 & 181.310
Statutes/Other Implemented: ORS 181.290 - 181.340
OSP 4-2012, f. & cert. ef. 9-5-12
OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12
Suspended by OSP 1-2012(Temp), f. & cert. ef. 5-9-12 thru 11-1-12
OSP 1-1997, f. & cert. ef. 1-22-97

Or. Admin. R. 257-080-0050 The Board’s Decision

(1) The Board shall adjourn the meeting and meet in private to reach a decision regarding corrective action, which decision shall then be reduced to written form.

(2) The Board decision shall state specifically whether removal or other corrective action is appropriate with a brief explanation of its rationale.

(3) In assessing an appropriate action the board may consider:

(a) The rank and corresponding duties and expectations for the position held by the member;

(b) The number and relative severity of sustained allegations; and

(4) The Board is not authorized to apply the concept of “progressive discipline” as a matter of right.

(5) The Board is not authorized to nor shall it require proof of "cause" as it makes a decision.

(6) The decision of the Board shall be delivered to the member and the Office of Professional Standards by hand-delivery or certified mail, return receipt requested, as is most expeditious.

History

Statutory/Other Authority: ORS 181.280 & 181.310
Statutes/Other Implemented: ORS 181.290 - 181.340
OSP 4-2012, f. & cert. ef. 9-5-12
OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12

Or. Admin. R. 257-080-0055 Office of Superintendent’s consideration of Review Board Decision

(1) Following receipt of the Board’s decision the member may request the Office of the Superintendent to consider the Board’s decision by an examination of all materials, including the tape of the Review Board meeting.

(2) The request must be in writing and received by the Office of Professional Standards not later than fifteen (15) days after the date of the Board’s decision.

(3) The request may include a meeting by the member with the Superintendent or a designee in addition to the examination of the associated documentation.

(4) If no request is made, the Superintendent will send a notice to the member with a Final decision.

(6) The Superintendent retains the ultimate legal authority on whether to remove the member.

(7) The Superintendent shall inform the member in writing of the final decision, with a brief explanation that the Superintendent has exercised the legal discretion afforded the Department in arriving at a decision.

(8) There is no right of appeal of the decision on removal.

History

Statutory/Other Authority: ORS 181.280 & 181.310
Statutes/Other Implemented: ORS 181.290 - 181.340
OSP 4-2012, f. & cert. ef. 9-5-12
OSP 3-2012(Temp), f. & cert. ef. 7-12-12 thru 11-1-12

Division 90 CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS

Or. Admin. R. 257-090-0010 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 rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in ORS 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the “mediator” in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Mediations Excluded. Sections (6)–(10) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency’s employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters;

(d) Mediation involving two or more public bodies and a private party if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential;

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation; or

(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)–(d), (j)–(l) or (o)–(p) of section (9) of this rule; or

(c) the mediator shall disclose and testify to any information obtained during the mediation which poses a life, health, safety concern or the information disclosed would tends indicate the likelihood of a violation of criminal law or statute.

(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8)–(9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.

(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties’ agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an “agreement to mediate.”

Agreement to Participate in a Confidential Mediation

The agency and the parties to the mediation agree to participate in a mediation in which the mediation communications are confidential and/or nondiscoverable and inadmissible to the extent authorized by OAR 257-090-0010 and this agreement. This agreement relates to the following mediation:

a) ______________________________________________

(Identify the mediation to which this agreement applies)

b) To the extent authorized by OAR 257-090-0010, mediation communications in this mediation are: (check one or more)

___ confidential and may not be disclosed to any other person

___ not admissible in any subsequent administrative proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent administrative proceeding, or introduced as evidence by the parties or the mediator in any subsequent administrative proceeding

___ not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent administrative, judicial or arbitration proceeding, or introduced as evidence by the parties or the mediator in any subsequent administrative, judicial or arbitration proceeding

c) ________________________________________

Name of Agency

Signature of Agency’s authorized representative Date

(when agency is a party) or Agency employee acting

as the mediator (when Agency is mediating the dispute)

d) ___________________________________

Name of party to the mediation

Signature of party’s authorized representative Date

e) ________________________________________

Name of party to the mediation

Signature of party’s authorized representative Date

(9) Exceptions to confidentiality and inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(f) A party to the mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:

(A) A request for mediation; or

(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation; or

(D) A strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) Attorney-client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or

(B) Attorney work product prepared in anticipation of litigation or for trial; or

(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency; or

(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation; or

(E) Settlement concepts or proposals, shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the Superintendent of the Oregon State Police or their designee determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public’s health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under ORS 30.402 or state or federal law requires the terms to be confidential.

(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

History

Statutory/Other Authority: ORS 36.224
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232
OSP 4-2005, f. 9-20-05, cert. ef. 9-22-05

Division 95 SCHOOL SAFETY TIP LINE PROGRAM

Or. Admin. R. 257-095-0000 Purpose of Rules

Rules adopted herein prescribe the policies and procedures for operation and use of the statewide School Safety Tip Line Program (SSTL). The SSTL is established to facilitate the safety and health of students.

History

Statutory/Other Authority: ORS 165.570(2)
Statutes/Other Implemented: ORS 165.570
OSP 2-2017, f. & cert. ef. 6-6-17
OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17

Or. Admin. R. 257-095-0010 Authority

(1) SSTL was established by act of the 2016 Oregon Legislature, Oregon Laws 2016, Chapter 74, authorizing the Department of State Police to establish and operate a statewide tip line for students and other members of the public to use to confidentially report information concerning threats to student safety or potential threats to student safety.

(2) Section 1(3) of Oregon Laws 2016, Chapter 74 requires the Department of State Police to adopt rules necessary to establish and operate the tip line.

(3) The SSTL is a program organized within the Public Safety Services Bureau of the Department of State Police for the purpose of facilitating the safety and health of students.

History

Statutory/Other Authority: OL 2016, ch 74 & sect. 1(3)
Statutes/Other Implemented: OL 2016 & ch 74
OSP 2-2017, f. & cert. ef. 6-6-17
OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17

Or. Admin. R. 257-095-0030 Definitions

As used in these rules:

(1) “Anonymous” means not identified by name.

(2) "Confidential Information" means any personally identifiable information acquired by the SSTL, its staff, schools, school districts, Education Service Districts, service providers and local law enforcement, or information that is confidential under other state or federal law.

(3) “Cyberbullying” and “harassment, intimidation or bullying” have the meanings given those terms in ORS 339.351.

(4) “Local law enforcement contact” means a local law enforcement officer designated by the Department of State Police to be notified when the tip line receives a report of a threat to student safety or potential threat to student safety.

(5) "Personally Identifiable Information" means any information that would permit the identification of the person as a person reporting information to the SSTL. It includes, but is not limited to, name, phone number, physical address, email address, and information that identifies the machine or device from which the person made the report.

(6) “Service provider” means a person designated by the department to be notified when the tip line receives a report of a threat to student safety or potential threat to student safety. “Service provider” includes:

(a) A provider of behavioral health care or mental health care;

(b) A provider of school-based health care;

(d) A clinical social worker licensed under ORS 675.530; or

(e) A professional counselor or a marriage and family therapist licensed under ORS 675.615.

(7) “Student” means a student of:

(a) A school district, as defined in ORS 332.002;

(b) A community college, as defined in ORS 341.005;

(d) A public charter school as defined in ORS 338.005;

(e) A career school, as defined in ORS 345.010; or

(f) A public university listed under ORS 352.002.

(8) “Threat to student safety” includes, but is not limited to, a threat or instance of:

(a) Harassment, intimidation, or bullying or cyberbullying;

(b) Suicide or self-harm; and

(9) “Tip” means reports of information concerning threats to student safety or potential threats to student safety made by phone call, text message, email, web-form submission, or an application on a mobile device submission accepted by the SSTL.

(10) “Tip line” means a statewide resource designed to accept information concerning threats to student safety or potential threats to student safety through methods of transmission including:

(a) Telephone calls;

(b) Text messages;

(d) Use of an application on a mobile device.

(11) “Tip Line Technician” means contracted staff who receive, route and ensure follow-up occurs for calls, e-mails, text messages, and online tips 24 hours a day, seven days a week.

History

Statutory/Other Authority: OL 2016, ch 74 & section 1(3)
Statutes/Other Implemented: OL 2016 & ch 74
OSP 2-2017, f. & cert. ef. 6-6-17
OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17

Or. Admin. R. 257-095-0040 Responsibilities

(1) Department of State Police is responsible for:

(a) Establishing a statewide tip line for students and other members of the public to confidentially report information concerning threats or potential threats to student safety;

(b) The ownership and management of data entered into the SSTL;

(d) Analyzing and interpreting data entered into the SSTL to help schools improve their response to safety issues;

(e) Maintaining strict confidentiality of confidential information received through tips, documents and communications submitted to the SSTL;

(f) Coordinating outreach and programmatic support to schools, school districts, Education Service Districts, law enforcement agencies and service providers involved in or entering the program;

(g) Establishing a process for documenting the closure of tips and ensuring that the process is being used.

(h) Generating analysis, reports and studies. Analysis, reports and studies shall contain only aggregated information and shall not contain any information that personally identifies reporters or any students. Reports may contain aggregated information concerning how referrals were handled by local law enforcement and service providers and the outcomes of the referrals.

(i) Ensuring training materials explain that reporters may make an anonymous report or, if they identify themselves, how their identity is protected and how it may be shared as set out in OAR 291-095-0080(2).

(j) Where possible, incorporate information on behavioral health treatment services standards under OAR chapter 309, division 019 in training and presentation information.

(2) The SSTL vendor contracted by the Department of State Police is responsible for:

(a) Receiving SSTL tips via phone, email, application on a mobile device, website submission and text message as described in OAR 257-095-0060 and processing those tips;

(b) Ensuring adequate staffing of Tip Line Technicians to handle tip volume;

(d) Providing SSTL database access and the ability to extract data for analysis to designated persons authorized by the Department of State Police;

(e) Following up on reported tips and documenting the status of tips through the SSTL;

(f) Prompting schools to provide updated responsible staff and service provider, if applicable, contact information on a regular basis;

(g) Providing physical and online information security protection including administrative, technical, and physical safeguards to protect assets and data from loss, misuse, unauthorized access, disclosure, alteration, and destruction.

(h) Ensuring Tip Line Technicians have the requested qualifications, training, and experience in taking crisis calls.

(i) Maintaining a policy and procedure manual that contains specific protocols to be used depending on the nature of the tip as well as general procedures regarding interviews and taking information.

(3) The schools, school districts or Education Service Districts are responsible for:

(a) Determining, keeping current, and providing to the SSTL lists of responsible staff and service providers capable of handling tips relayed to the school, school district or Education Service District by the SSTL;

(b) Verifying the authenticity and validity of received reported threat to student safety or potential threat to student safety;

(d) Following up on assigned tips, providing information about updates and outcomes to the SSTL to the extent not prohibited by any applicable federal or state confidentiality provisions, and closing tips through the SSTL.

History

Statutory/Other Authority: OL 2016, ch 74 & section 1(3)
Statutes/Other Implemented: OL 2016 & ch 74
OSP 2-2017, f. & cert. ef. 6-6-17
OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17

Or. Admin. R. 257-095-0050 Incidents Reportable through the School Safety Tip Line Program

Threats to student safety or potential threats to student safety that are reportable to the SSTL include, but are not limited to harassment, intimidation or bullying, cyberbullying, suicide or self-harm and violence against others.

History

Statutory/Other Authority: OL 2016, ch 74 & section 1(3)
Statutes/Other Implemented: OL 2016 & ch 74
OSP 2-2017, f. & cert. ef. 6-6-17
OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17

Or. Admin. R. 257-095-0060 Receipt of Tips of Reportable Incidents

Tips received via the SSTL are classified and processed for appropriate school, school district or Education Service District, local law enforcement or service provider response.

(1) When the SSTL receives an incoming communication, the Tip Line Technician shall:

(a) Ask the caller's identity (for tips provided via phone and text) or confirm the identity of the person making the tip (for tips provided via website or application on a mobile device). If the person making the tip does not wish to disclose their identity, the Tip Line Technician shall also accept an anonymous tip;

(b) The Tip Line Technician shall immediately assess the situation and ensure that students (and others) are safe from harm. The Tip Line Technician may not delay in contacting responders and/or school officials if there is an immediate threat to safety;

(c) Tip Line Technicians will attempt to capture and confirm the following data by asking questions identified on templates. Components of this factual accounting process may include but are not limited to:

(i) Who is/was involved in the incident? The name of any person reported to be involved in the incident must be documented. The reporter may choose to be anonymous;

(ii) The school where the individual making the tip (if applicable) and student(s) involved are enrolled and the age of the students involved;

(iii) Specific details about the location of incident (i.e. building name/number, floor, room number, etc.);

(iv) Whether the individual reporting an incident is reporting about him/herself or another party;

(v) If more than one person is involved in the incident, the relationship, if any, of those other individuals to the school or school system;

(vi) What happened, (who did/said what to whom, etc.);

(vii) When the incident occurred (time and date, prior events if any);

(viii) Whether a school staff member was notified, and how the school responded;

(ix) Whether treatment by a service provider was sought;

(x) Name of additional institutions/agencies involved.

(d) Tip Line Technicians will use their training and expertise to categorize by type of incident and prioritize a reported or potential threat to school safety by defined level of urgency for response.

(2) The SSTL software may capture Caller ID information, email addresses, and/or Internet Protocol (IP) addresses as part of the technical solution. This information will only be retrieved, used or disclosed in accordance with Oregon Law and these rules.

(3) The Tip Line Technician shall log all tip information into the SSTL system and transmit the tip electronically to the appropriate school, school district or Education Service District, service provider or local law enforcement contacts.

History

Statutory/Other Authority: OL 2016, ch 74 & section 1(3)
Statutes/Other Implemented: OL 2016 & ch 74
OSP 2-2017, f. & cert. ef. 6-6-17
OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17

Or. Admin. R. 257-095-0070 Tip Examination, Classification and Referrals

(1) Once a tip is received by the SSTL, Tip Line Technicians shall classify the reported tip based on a pre-identified set of values to designate the level of threats to student safety and level of response needed;

(2) Tips received by Tip Line Technicians shall be referred to the appropriate school, school district or Education Service District, service provider or law enforcement;

(a) Suspicious activity or non-criminal, school-safety concerns (i.e. general tips about bullying, suspicious behavior/actions discovered on social media, fights between students, reports of individuals on school grounds who may not have an appropriate reason for being there) will be routed to schools, school districts, Education Service Districts, school administrators, service providers and also to local law enforcement if the severity of the incident warrants a law enforcement response;

(b) Tips concerning potential criminal activity shall be forwarded to the appropriate law enforcement agency for that jurisdiction in addition to the notifications in subsection (2)(a);

(3) When an incoming tip received by the SSTL presents or appears to present a situation of immediate danger or threat of serious harm, the Tip Line Technician shall immediately contact the appropriate law enforcement contacts, appropriate education provider contacts, or service providers relaying all known information about the tip;

(4) When Tip Line Technicians determine it appropriate based on the nature of the tip and their training and experience, they will forward the tip to other hotlines that are available for reports of violence or crisis prevention;

(5) Tips or requests for social services that are not within the scope of the program will be referred to other hotlines or resources as available;

(6) The Tip Line Technician shall document in the SSTL system the person[s] to whom the tip was referred.

History

Statutory/Other Authority: OL 2016, ch 74 & section 1(3)
Statutes/Other Implemented: OL 2016 & ch 74
OSP 2-2017, f. & cert. ef. 6-6-17
OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17

Or. Admin. R. 257-095-0080 Information Confidentiality and Disclosure

(1) Any entity or person authorized to receive information and data from the SSTL is responsible for maintaining the confidentiality of confidential information and must use and disclose any information or data it receives only as provided in these rules or required by law;

(2) The SSTL may not disclose the identity of any person who submits a tip except as provided in these rules or required by law. If a person making a report chooses to identify themselves, they do so with the expectation that their identity will be disclosed only to persons authorized to receive tip information under these rules and only for the purpose of following up on tips.

(3) The SSTL may release aggregated or summary tip information for reporting purposes but shall not release any confidential information. In order to protect the reporting process, limited updates may be provided as long as they do not violate any laws or policies;

(4) Photo, videos and other media images received of a sexual nature shall only be forwarded to law enforcement. Information regarding the tip can be sent to the school, but not the sexual images attached to the tip;

(5) Information acquired by the SSTL will not be disclosed except as provided in these rules or as required by law.

History

Statutory/Other Authority: OL 2016, ch 74 & section 1(3)
Statutes/Other Implemented: OL 2016 & ch 74
OSP 2-2017, f. & cert. ef. 6-6-17
OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17

Or. Admin. R. 257-095-0090 Anonymity

Persons submitting a tip via the SSTL may choose to identify themselves or to remain anonymous. The identity of persons making reports who choose to identify themselves shall be protected and disclosed only as set out in OAR 257-095-0080(2).

History

Statutory/Other Authority: OL 2016, ch 74 & section 1(3)
Statutes/Other Implemented: OL 2016 & ch 74
OSP 2-2017, f. & cert. ef. 6-6-17
OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17

Or. Admin. R. 257-095-0100 Reporting and Data Analysis

(1) Information gathered in operation of the SSTL may be utilized for the purpose of generating reports to track outcomes of actions taken in response to a tip, or used to analyze and adapt the operation of the SSTL Reports and analysis shall contain only aggregated information and shall not contain information that personally identifies reporters or any students;

(2) Full SSTL data access is limited to the Department of State Police;

(a) Schools, school districts and Education Service Districts shall only have access to their own school(s) or jurisdiction data for following up on tips, analysis, reporting and managing school policies;

(b) Schools are responsible for the appropriate dissemination of information to law enforcement, service providers, and other authorities in accordance with these rules and any other applicable laws and rules;

(c) The Department of State Police shall create annual and other reports as necessary. Reports shall contain only aggregated information and shall not contain any information that personally identifies reporters, any students, or specific schools.

History

Statutory/Other Authority: OL 2016, ch 74 & section 1(3)
Statutes/Other Implemented: OL 2016 & ch 74
OSP 2-2017, f. & cert. ef. 6-6-17
OSP 3-2016(Temp), f. 12-13-16, cert. ef. 12-14-16 thru 6-10-17

Division 100 IGNITION INTERLOCK DEVICE PROGRAM

Or. Admin. R. 257-100-0005 Definitions

As used in OAR 257-100-0005 to 257-100-0080, in addition to the terms defined in ORS 813.599, the following terms apply:

(1) “Alcohol” means ethanol or ethyl alcohol.

(2) “Alcohol set point” means a breath alcohol concentration of 0.020%.

(3) “Breath Alcohol Concentration (BrAC)” means the amount of alcohol in the blood of the individual as shown by chemical analysis of the breath.

(4) “Breath sample” means normal expired human breath primarily containing alveolar air and provided in such a manner to be acceptable for analysis by the interlock device.

(5) “Calibration” means the process of testing and adjusting a device to ensure accuracy by using dry gas standard that is approved to be listed on the NHTSA Conforming Products List of Calibrating Units for Breath Alcohol Testers.

(6) “Circumvention” means to bypass the correct operation of a device by starting or operating the vehicle, by any means, without first providing a breath test.

(7) “Critical Disqualifying Factor” means a mandatory minimum requirement for program qualification required by Oregon Administrative Rule Chapter 257, Division 100 or Oregon Revised Statute, which if not met, may result in serious risk of harm or injury to the public’s health or safety.

(8) “Demonstration” or “Demo” Device means a readily accessible powered device, programmed to mandatory minimum requirement for program qualification, allowing an individual customer or OSP to use prior to a device installation.

(9) “Disqualifying Factor” means a mandatory minimum requirement for program qualification required by Oregon Administrative Rule Chapter 257, Division 100 or Oregon Revised Statute, which is not a “critical disqualifying factor.”

(10) “DMV” means the Oregon Driver and Motor Vehicles Services.

(11) “Early Recall” means response of the device due to an action of the individual, which requires calibration of the device and downloading of the data memory.

(12) “Follow-up test” means a breath sample required by the device after a test result that is above the alcohol set point.

(13) “Ignition Interlock Device” or “IID” or “device” means a device that is designed to allow a driver to start or operate a vehicle if the driver's BrAC is at or below the alcohol set point and to prevent the driver from starting or operating the vehicle if the driver's BrAC is above the alcohol set point. The associated camera is considered part of the device.

(14) “Indigence Standards” means a determination of indigence based on household income adopted by the United States Department of Agriculture for the SNAP (Supplemental Nutrition Assistance Program).

(15) “Individual” or ‘Individual Customer” means a single person required to have a device installed due to an Oregon Driving Under the Influence of Intoxicants conviction or diversion agreement.

(16) “Initial Test” means a breath test provided before the vehicle is started.

(17) “Lockout” means a condition when the device will not accept a breath test until the device is serviced or unlocked as permitted in OAR 257-100-0055.

(18) “Manufacturer” means an organization responsible for the design, construction, production and repair of a device.

(19) “Manufacturer’s Representative” means the only company or corporation registered as a business with the Oregon Secretary of State that is designated by a manufacturer to sell, rent, or lease a specific device model in the State of Oregon and provide statewide device service through the operation of a network of service centers.

(20) “Manufacturer’s Representative Liaison” means any person who is employed by the manufacturer or manufacturer’s representative who facilitates communications, provides information, and reports customer activities to the Oregon Department of State Police.

(21) “Mobile Service” or “Mobile Service Center” means a vehicle operated by a certified service center allowing their ignition interlock technician to service approved ignition interlock devices at a location other than the fixed site service center.

(22) “NHTSA” means the National Highway Traffic Safety Administration.

(23) “ODOT” means the Oregon Department of Transportation

(24) “Operational” means an interlock device that is installed in a vehicle, ready for use, and is not currently in lockout.

(25) “OSP” means the Oregon Department of State Police.

(26) Oregon Device Configuration or “ODC” Test means the testing procedure used by OSP to ensure a device meets the mandatory minimum requirements for program qualification as described in Oregon Administrative Rule Chapter 257, Division 100 and Oregon Revised Statute.

(27) “Proper Record Maintenance” means the manufacturer’s representative complete records on each individual for a period of five years after the date of the device removal including, but not limited to, all data retrieved from the data storage system of a device.

(28) “Purge” means any action by which a device cleanses or removes a previous breath sample from the device and specifically removes residual alcohol.

(29) “Restart” means the ability to start the vehicle’s engine again within two minutes after the vehicle engine is turned off (including stalling) without the delivery of another breath sample that is at or below the alcohol set point.

(30) “Retest” means a breath sample required by the device after the initial vehicle engine start-up breath sample and while the vehicle is being operated.

(31) “Service” means installing, inspecting, downloading, data transferring, calibrating, or removing the device.

(32) “Supplemental Nutrition Assistance Program” or “SNAP” means the program operated by United States Department of Agriculture to provide low-income individuals and families with nutrition assistance.

(33) “Tampering” means an attempt to disable, circumvent, adjust, or otherwise alter the proper operation of a device or camera. “Tampering” does not include disconnecting the handset once the vehicle is turned off.

(34) “Vehicle” means any device in, upon or by which any person or property is or may be transported or drawn upon a public highway or premises open to the public and includes vehicles that are propelled or powered by any means. Under ORS 801.365 and ORS 801.133, motorcycles and autocycles are considered vehicles.

(35) “Weblog” means a program or web site that consists of a series of entries arranged in chronological order, often updated frequently with new information about the individual or individual’s ignition interlock device use.

[Publications: Publications referenced are available from OSP.]

History

Statutory/Other Authority: ORS 813.600 & ORS 813.660
Statutes/Other Implemented: ORS 813.599 – 813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019
TSD 3-2019, renumbered from 737-005-0105, filed 05/30/2019, effective 07/01/2019
TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019
TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019

Or. Admin. R. 257-100-0010 Ignition Interlock Device Standards and Requirements

(1) Any device model for use in Oregon must meet or exceed the established standards set by OSP. A device model for use in the State of Oregon is qualified by OSP based on its ability annually to meet the minimum established device and performance standards set forth by ORS 813.599, 813.600 and OAR Chapter 257, Division 100.

(2) To be considered for placement on the Oregon List of Qualified Devices, a manufacturer’s representative must submit all of the following to OSP:

(a) A completed Application for Ignition Interlock Device Qualification.

(b) A written statement from the manufacturer on the manufacturer’s letterhead addressed to OSP that authorizes a manufacturer’s representative to act as the sole source manufacturer’s representative for the manufacturer’s device model.

(d) Written documentation, issued within the preceding five years prior to submission of the application, from an International Organization for Standardization (ISO) 17025 certified testing laboratory that states that the device meets or exceeds the model specifications established by NHTSA, identified as “Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDS).” The documentation must be for the manufacturer’s specific model of ignition interlock device listed on the application. The NHTSA model specification for BAIIDs is incorporated by reference and made part of this rule as published in the 78 Fed Reg 26849-26867 (effective May 8, 2014) and 80 Fed Reg 16720-16723 (effective March 30, 2015). The documentation from the ISO 17025 certified testing laboratory must include:

(A) The name, physical location, mailing address, and phone number of the testing laboratory;

(B) A description of the tests performed;

(D) The names of the lab employees performing the tests.

(e) Written documentation of the manufacturer’s certification to the current International Organization for Standardization (ISO) 9001 Quality Management System (QMS) for aspects related to construction, production and repair of a device. Along with this certification, a copy of the manufacturer’s Quality Assurance Plan (QAP) for checking the accuracy of the calibration; All new manufacturer’s representatives applying for certification shall ensure their device manufacturer obtains an accredited ISO 9001 certification prior to application submission to OSP.

(f) A functional device model being submitted for qualification;

(g) Any electronic device, which reports login procedures, and allows online accessibility for OSP to review and download reports of any individual and device;

(h) A written notice to OSP, illustrating an implementation plan and description of any modification to the device. Any modification in either firmware or hardware may require the applicant to resubmit their device and all documents required in OAR 257-100-0010;

(i) A signed OSP Ignition Interlock Device Violation Policy form (257-0012), detailing how the validity of violations committed by the individual will be determined in accordance with ORS 813.635; and

(j) The application fee described in OAR 257-100-0070(2)(b).

(k) Written documentation indicating the manufacturer’s representative’s registry with the Oregon Secretary of State’s Office. Any manufacturer’s representative conducting business in the State of Oregon as an assumed business name (ABA) or doing business as (DBA), must also provide documentation indicating registry with the Oregon Secretary of State’s Office.

(3) OSP shall review the application when all the materials described in subsection (2) are received. If additional documentation is required, the manufacturer’s representative must submit all required material within 60 calendar days from OSP notifying the manufacturer or manufacturer’s representative or re-submission of the application may be required.

(4) When a completed application has been accepted by OSP, OSP shall conduct an ODC test, as outlined in OSP Form 257-0037 (Oregon Device Configuration Test Requirements and Procedures), of each device model submitted to determine if the device model meets standards described in ORS 813.599, 813.600 and OAR Chapter 257, Division 100. If the device fails the ODC conducted by OSP, the manufacturer or manufacturer’s representative must correct the disqualifying factors within 60 calendar days from OSP notifying the manufacturer or manufacturer’s representative or re-submission of the application may be required.

(5) For an ignition interlock device to remain on the Oregon List of Qualified Devices, a manufacturer or manufacturer’s representative must:

(a) Maintain valid product liability insurance as described in OAR 257-100-0015;

(b) Maintain valid registry with the Oregon Secretary of State’s Office;

(d) Meet or exceed the performance standards outlined in OAR 257-100-0050.

(6) At any time after a device has been approved by the Department, if the firmware or hardware of the device model is modified and the modification change affects any operational aspect of the device subject to current NHTSA model specification as described in subsection (2)(d) of this rule, the manufacturer or manufacturer’s representative must notify OSP within 30 calendar days from release and, as determined by OSP, either modify OSP’s demo device or send a modified device to OSP.

(7) When a firmware or hardware modification affects NHTSA specifications outlined in section (5), OSP shall conduct an ODC test of the modified device.

(8) Device qualifications are valid for a period of five years.

[Publications: Publications referenced are available from OSP.]

History

Statutory/Other Authority: ORS 813.600 & ORS 813.660
Statutes/Other Implemented: ORS 813.599 – 813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019
TSD 3-2019, renumbered from 737-005-0110, filed 05/30/2019, effective 07/01/2019
TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019
TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019

Or. Admin. R. 257-100-0015 Product Liability for Ignition Interlock Devices

(1) Each device manufacturer or manufacturer’s representative must have product liability insurance with minimum liability limits of $1,000,000 per occurrence and $3,000,000 in the aggregate throughout the certification period. A manufacturer or manufacturer’s representative may not cancel, materially change, or fail to renew the coverage of the insurance company.

(2) Failure to correct any discrepancies with product liability insurance within 60 calendar days from written notification from OSP, shall result in OSP removing the device from the Oregon list of qualified devices.

History

Statutory/Other Authority: ORS 813.600 & ORS 813.660
Statutes/Other Implemented: ORS 813.599 – 813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019
TSD 3-2019, renumbered from 737-005-0115, filed 05/30/2019, effective 07/01/2019
TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019
TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019

Or. Admin. R. 257-100-0020 Suspension or Removal from List of Qualified Ignition Interlock Devices

(1) OSP may temporarily prohibit the manufacturer or manufacturer’s representative from performing new device installations, or suspend or revoke the qualification of a manufacturer or manufacturer’s representative or remove a device model from the list of qualified devices, upon making any of the following determinations, subject to the process outlined in 257-100-0080:

(a) The device is found to no longer meet NHSTA specifications by an International Organization for Standardization (ISO) 17025 certified testing laboratory;

(b) The device is found to no longer meet the minimum performance standards established by OSP as outlined in OAR 257-100-0050;

(c) The manufacturer or manufacturer’s representative is found to be repeatedly noncompliant with their Quality Assurance Plan (QAP);

(d) The device manufacturer fails to maintain their ISO 9001 certification for aspects related to construction, production and repair of a device;

(e) The manufacturer’s representative fails to maintain valid registry with the Oregon Secretary of State’s Office as outlined in OAR 257-100-0010;

(f) The device fails to pass annual testing conducted by OSP as outlined in OSP Form 257-0037;

(g) The manufacturer or manufacturer’s representative liability insurance has been terminated, canceled, or expired;

(h) The manufacturer or manufacturer’s representative is no longer operating in the state;

(i) The manufacturer or the manufacturer’s representative is repeatedly non-compliant with the requirements of OAR Chapter 257, Division 100;

(j) The manufacturer or the manufacturer’s representative inaccurately represents that the device meets the performance standards described in OAR Chapter 257, Division 100;

(k) The manufacturer or manufacturer’s representative repeatedly fails to report data as required in OAR 257-100-0060;

(l) The manufacturer’s representatives suspend, revoke, or otherwise deny accessibility for OSP to review and download reports of any individual and device;

(m) The manufacturer’s representative fails to have or maintain certified service centers to provide device services, pursuant to OAR 257-100-0035;

(n) The manufacturer fails to notify OSP within 30 calendar days of a final action to suspend, revoke, deny approval of or disqualify a device model from the list of qualified devices by any other state.

(o) The manufacturer or manufacturer’s representative fails to correct all critical disqualifying factors, as determined by OSP, within 14 calendar days from being notified by OSP.

(p) The manufacturer or manufacturer’s representative fails to correct all disqualifying factors pursuant to ORS 813.599, OAR 257-100-0010 and 257-100-0050, within 60 calendar days from being notified by OSP; or

(q) The manufacturer’s representative repeatedly fails to provide payment to OSP as required in OAR 257-100-0070.

(2) If a manufacturer or manufacturer’s representative’s certification is denied, suspended, or revoked, and the matter is not resolved according to the provisions of OAR 257-100-0080, all service centers within the manufacturer’s representative’s network may also become suspended or revoked. All devices associated with the manufacturer or manufacturer’s representative may be removed from the list of qualified devices for use in Oregon.

(3) A manufacturer or manufacturer’s representative may voluntarily request OSP to remove their device from the qualified list for which the manufacturer has previously received approval. Within 60 calendar days after the receipt of the request, OSP shall remove the device from the qualified list.

(4) When OSP removes a device from the list of qualified devices, that device is no longer qualified for new installations and must be removed from existing vehicles. OSP shall post on its website when a device is removed from the list of qualified devices. The manufacturer’s representative must provide OSP with a list of all current individuals, including their contact information.

(a) An individual whose installed device is removed from the list of qualified devices must have the delisted device removed by a qualified ignition interlock device technician; and

(b) A qualified device of the individual’s choice must be installed by an ignition interlock device technician within 60 calendar days of the delisted device being removed from the qualified device list.

(c) If an individual fails to remove and replace the device as required in this section, the individual will be considered to have no device installed.

(d) The manufacturer’s representative whose device was removed from the list of qualified devices must pay for the removal and installation of a new qualified device of the individual customer’s choice.

History

Statutory/Other Authority: ORS 813.660, ORS 813.602 & ORS 813.600
Statutes/Other Implemented: ORS 813.599 – 813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019
TSD 3-2019, renumbered from 737-005-0125, filed 05/30/2019, effective 07/01/2019
TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019
TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019

Or. Admin. R. 257-100-0025 Manufacturer’s Representative Certification, Service Center Certification and Inspection Requirements

(1) A manufacturer’s representative shall be certified when the manufacturer’s representative meets and maintains device requirements as outlined in OAR 257-100-0010, Statewide Service Center Area Requirement in OAR 257-100-0035, performance standards as outlined in OAR 257-100-0050, and the device is added to the list of qualified devices.

(2) A manufacturer’s representative must submit an application, and associated materials as set out in (a) to (d) below, to OSP for each fixed site service center the manufacturer’s representative seeks to have certified. Incomplete applications will not be accepted. The manufacturer’s representative must submit the following for service center certification or recertification:

(a) A completed Ignition Interlock Device Service Center Certification Application;

(b) A written statement from a manufacturer’s representative, written on the manufacturer’s representative letterhead, addressed to OSP, that authorizes a service center to service the qualified device;

(c) A written statement explaining how the manufacturer representative and service center will comply with recordkeeping requirements described in OAR Chapter 257, Division 100;

(d) An itemized list of all fees and rates that may be charged to an individual by both the service center and manufacturer’s representative; and

(e) Written proof of a valid Ignition Interlock Device Program Surety Bond in the amount of $100,000. The bond must be maintained throughout the certification period. The bond must inure to the benefit of the State of Oregon and shall be used to reimburse expenses related to the device services incurred by any individual who is required to equip a motor vehicle with a device by the State of Oregon or any political subdivision thereof and who documents a loss because of the device being removed from the list of qualified ignition interlock devices and the manufacturer’s representative is insolvent or the manufacturer or manufacturer’s representative’s business is discontinued, and the manufacturer or manufacturer’s representative refuses to reimburse such expenses upon notification by OSP.

(f) A manufacturer’ representative must complete the Ignition Interlock Device Program Surety Bond Form. A valid Ignition Interlock Device Program Surety Bond must comply with all the following:

(A) The bond must be issued by a surety company licensed to do business within the State of Oregon;

(B) The surety company issuing the bond must agree to notify OSP if the bond is canceled for any reason and must agree to continue bond coverage until OSP receives actual notice of cancellation;

(D) A copy of the bond must be filed and held in the office of OSP.

(3) The manufacturer or manufacturer’s representative shall maintain toll-free 24-hour telephone assistance pursuant to ORS 813.660. The toll-free number must be provided to all customers.

(a) The toll free 24-hour telephone number must provide customers with the option to speak directly to a customer service representative who is qualified by the manufacturer, or manufacturer’s representative to answer questions and to troubleshoot any mechanical problems relating to the ignition interlock device in the vehicle.

(b) All reasonable efforts to repair or replacement of the ignition interlock device due to the malfunction or inoperability of the ignition interlock device through no fault of the offender must be made available within two business days of initial contact.

(c) Inquiries described in section (3)(b) are considered emergency services and may be performed anywhere throughout the State of Oregon by one or more of the following – a manufacturer, a manufacturer’s representative, a service center, or a technician. A manufacturer, manufacturer’s representative, or service center are not required to be certified as a mobile service center, as outlined in 257-100-0030, to provide these emergency services.

(4) A manufacturer or manufacturer’s representative certified in Oregon to provide services to individuals required to have an ignition interlock device installed pursuant to ORS 813.602, may continue to operate in Oregon if the manufacturer or manufacturer’s representative is purchased by another manufacturer or manufacturer’s representative.

(a) The manufacturer or manufacturer’s representative purchasing an existing certified manufacturer or manufacturer’s representative, must provide OSP written notice upon completion of the acquisition. The notice must be signed by a representative from both manufacturers or manufacturer’s representatives.

(b) A new Application for Device Qualification and associated materials outlined in Section (2)(a) to (2)(d) will be required to be submitted to OSP for certification.

(c) A manufacturer or manufacturer’s representative purchasing an existing certified manufacturer or manufacturer’s representative must ensure the surety bond outlined in Section (2)(e) above, continues during and after the acquisition process.

(d) Upon completion of the acquisition, OSP shall conduct an ODC test of the device to ensure proper compliance with current ORS and OAR.

(5) A service center is eligible for certification or recertification when OSP receives the following:

(a) The service center provides written documentation indicating:

(A) Registration with the Oregon Secretary of State;

(B) The service center is part of a manufacturer’s representative network;

(D) The service center is located in a fixed site facility that can provide all device services;

(E) The service center has posted, in plainly visible location, a current copy of the maximum fees and rates an individual may be charged for all device services including, but not limited to the monthly lease amounts, any shipping fees, any additional charges anticipated for routine calibration, and service checks;

(F) The service center is compliant with all municipal and county regulations for commercial businesses;

(G) The service center has and will maintain a designated waiting area, which is separated or partitioned from the service area so an individual may not view the installation or removal of the device;

(H) The service center has a viewing area with appropriate equipment available for customers to view training videos and other material provided by the manufacturer, manufacturer’s representative, or OSP;

(I) The service center has a demonstration device available at each service center location for individual customers to use prior to installation. The device must power on, accept an acceptable breath sample, and be programed with anti-circumvention features. The service center must have available an ignition interlock technician capable of operating the demonstration device;

(J) The service center posts the OSP service center complaint information form where it is visible to the public;

(K) The service center’s certification is posted in a place visible to the public;

(L) The service center and manufacturer’s representative only charges for device services as defined in OAR 257-100-0025(2)(d);

(M) The service center is marked with the business name and easily identifiable as the business listed on the service center application.

(N) The service center has standard operating hours that are posted and viewable from the exterior of the building. The standard operating hours must include specific hours of operation that allow individuals and OSP to access the service center.

(b) The service center provides to OSP proof of valid commercial liability insurance coverage adequate to cover costs associated with any damage to an automobile during ignition interlock device services.

(c) The manufacturer’s representative or service center affirms in writing to OSP that it provides each individual customer with a statement of charges for all services, whether paid to the manufacturer representative or service center, including: clear and specific warranty details; contractual agreements; monthly lease amounts; shipping fees; additional charges anticipated for routine calibration and service checks; and which services, if any, are provided without charge prior to device installation;

(d) The manufacturer’s representative or service center affirms in writing that it shall provide OSP with written notice of any changes to the maximum fees and rates an individual customer may be charged for the device and device services 30 calendar days prior increasing the fees or rates;

(e) Notwithstanding requirements outlined in section (3)(b), the service center affirms in writing to OSP that it shall provide device installation and removal services within five calendar days from a customer’s request and all other services within three calendar days; banking holidays excepted.

(f) The manufacturer’s representative or service center maintains a minimum of one qualified ignition interlock device technician, as outlined in OAR 257-100-0045, capable of performing all service as described in OAR 257-100-0005.

(6) OSP shall conduct a service center inspection using the Ignition Interlock Device Service Center Inspection Report Form 257-0005 before a service center may be initially certified, and annually thereafter for the service center to maintain its certification. OSP may perform unscheduled inspections. An OSP inspection of a service center shall determine if the service center meets all service center requirements listed within the applicable statutes and OAR Chapter 257, Division 100. During an inspection, OSP may: test ignition interlock device technician knowledge; inspect records; and evaluate The installation for proper device functionality.

(a) If a service center fails to meet requirements outlined in section (5)(a) through (5)(f) upon an inspection conducted by OSP, the service center shall have 14 calendar days to correct all noted disqualifying factors.

(b) Following a failed service center inspection, a subsequent service center inspection shall be conducted by OSP under the following conditions:

(A) The manufacturer’s representative or service center has notified OSP in writing that the disqualifying factors have been corrected; or,

(B) 14 calendar days have passed.

(c) If a service center fails to meet the requirements outlined in section (5)(a) through (5)(f) three consecutive inspections, the service center certification regarding the specific manufacturer’s representative network, shall be revoked for a period of 180 calendar days.

(7) Service center certifications are valid for one year. OSP shall notify a manufacturer’s representative in writing if OSP has approved or denied an application for certification or recertification.

(8) An application and payment for renewal of a service center certification must be submitted to OSP by a certified manufacturer’s representative no later than 90 calendar days prior to the expiration date of the current certification. A manufacturer’s representative must use the Ignition Interlock Device Service Center Certification Application for renewal. Following receipt of the renewal application, OSP shall conduct an inspection of the service center and any mobile service vehicles as described in section (6). OSP shall renew certification of a service center upon receipt of a completed application and all documents required by (5)(a) through (5)(f), successful completion of the inspection, and payment of all applicable fees for one year from the date of the last certification.

(9) If OSP denies, refuses to renew, suspends, or revokes a service center certification, the manufacturer’s representative or the service center may request a hearing as provided in OAR 257-100-0080.

History

Statutory/Other Authority: ORS 183.430(2), ORS 813.600 & ORS 813.660
Statutes/Other Implemented: ORS 813.599 – 813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 1-2020, temporary amend filed 04/03/2020, effective 04/03/2020 through 09/29/2020
OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019
TSD 3-2019, renumbered from 737-005-0130, filed 05/30/2019, effective 07/01/2019
TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019
TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019

Or. Admin. R. 257-100-0030 Mobile Service Center Certification and Inspection Requirements

(1) A manufacturer’s representative may operate a mobile service center for the purposes of providing services for ignition interlock devices at locations other than a fixed site. A mobile service center is authorized to conduct limited ignition interlock device services to include inspecting, downloading, data transferring, calibrating, and removing the device. A mobile service center is not authorized to install ignition interlock devices.

(2) A mobile service center may be certified when, based on written documentation provided by the manufacturer or manufacturer’s representative, OSP determines that the following requirements have been met:

(a) The manufacturer representative maintains an established network of certified fixed service centers that meet the requirements provided in OAR 257-100-0025 and 257-100-0035.

(b) The manufacturer’s representative has submitted the following information to OSP:

(A) A completed Ignition Interlock Device Mobile Service Center Certification Application form 257-0002a;

(B) A copy of liability insurance for the vehicle to be used as a mobile service center; and

(C) An itemized list of all fees that the mobile service center and manufacturer’s representative may charge an individual for all services related to a device.

(c) The mobile service center shall provide individual customers a sheltered and waiting area, with sufficient seating, inside or around the mobile service center vehicle.

(d) Device removal services provided by the mobile service center shall be conducted in a manner in which an individual customer or other persons cannot view the removal process.

(e) The manufacturer’s representative or mobile service center shall provide individual customers with copies of all fees, contracts, and complaint information prior to performing any service.

(f) The mobile service center shall be associated with a single certified fixed site service center. The mobile service center shall not operate if the associated fixed site service center certification is denied, suspended, or revoked.

(g) OSP has conducted an inspection of the mobile service center vehicle using the Ignition Interlock Device Service Center Inspection Report Form 257-0005 and the mobile service center vehicle has passed inspection.

(3) OSP may perform unscheduled inspections of mobile service centers. An OSP inspection of a mobile service center vehicle is determined whether a mobile service center meets all requirements listed within the applicable statutes and OAR Chapter 257, Division 100. The inspection may include: testing ignition interlock device technician knowledge; inspection of records; and evaluation of the quality of workmanship of the device.

(a) If a mobile service center fails to meet requirements outlined in section (2) upon an inspection conducted by OSP, the mobile service center will have no more than 14 calendar days to correct all noted disqualifying factors.

(b) Following a failed service center inspection, a subsequent mobile service center inspection will be conducted by OSP:

(A) If notified by the manufacturer’s representative or associated fixed site service center the disqualifying factors have been corrected; or,

(B) 14 calendar days have passed.

(c) If a mobile service center fails to meet requirements outlined in section (2) by the third inspection, mobile service center services for the associated fixed site service center will be revoked for a period of 180 calendar days.

(4) The initial mobile service center certification expires on the same date as the associated fixed site service center. Annual certifications are valid for one year and will continue on the same certification schedule as the associated fixed site service center. OSP shall notify the manufacturer’s representative in writing if OSP has approved or denied the application for certification or recertification.

(5) An application and payment for renewal of a mobile service center certification must be submitted to OSP by a certified manufacturer’s representative no later than 90 calendar days prior to the expiration date of the current certification. A manufacturer’s representative must use the Ignition Interlock Device Mobile Service Center Certification Application for renewal. Following receipt of the renewal application, OSP shall conduct an inspection of the mobile service center vehicle. OSP shall renew certification of a mobile service center upon successful completion of the inspection.

(6) If OSP denies a mobile service center certification or refuses to renew a mobile service center certification, the manufacturer’s representative or the service center may request a hearing as provided in OAR 257-100-0080.

History

Statutory/Other Authority: ORS 813.660, ORS 183.430(2) & ORS 813.600
Statutes/Other Implemented: ORS 813.599-813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 1-2020, temporary amend filed 04/03/2020, effective 04/03/2020 through 09/29/2020
OSP 25-2019, adopt filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary adopt filed 07/03/2019, effective 07/03/2019 through 12/29/2019

Or. Admin. R. 257-100-0035 Statewide Service Center Area Requirement

(1) A manufacturer’s representative must maintain a network of certified service centers which must include a minimum of one fixed site service center located in each lettered region, illustrated on the “Oregon IID Regional Map.”

(2) A manufacturer’s representative must notify OSP within 3 business days if a service center ceases operations. If a service center closure results in failure to meet the regional requirements of the service network, the manufacturer’s representative has 120 calendar days to establish a new service center to meet the Service Center Area Requirement. If the manufacturer’s representative has not established a new service center in the closed service center region within 120 calendar days of the service center’s closure, the manufacturer’s representative must have all device models uninstalled in accordance with OAR 257-100-0020 and OAR 257-100-0065.

(3) OSP may revoke certifications for all certified service centers within the manufacturer’s representative’s network if a manufacturer’s representative fails to meet the service center area requirements.

(4) All service centers must be located in the State of Oregon.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 813.600 & ORS 813.660
Statutes/Other Implemented: ORS 813.599 – 813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 1-2020, temporary amend filed 04/03/2020, effective 04/03/2020 through 09/29/2020
OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019
TSD 3-2019, renumbered from 737-005-0135, filed 05/30/2019, effective 07/01/2019
TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019
TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019

Or. Admin. R. 257-100-0040 Ignition Interlock Device Oversight Program Complaint Process

(1) OSP shall provide a complaint form and process, which allows a person to submit complaints, pursuant to ORS 813.670, regarding ignition interlock device manufacturer, manufacturer’s representative, and service centers. OSP shall establish a process in which the person submits the complaint telephonically, electronically or by mail. The complaint form shall be available on OSP’s website.

(2) OSP shall consider all complaints and investigate when determined appropriate.

(3) During a complaint investigation, the manufacturer’s representative must make available to OSP upon request with written notice of reason, at no cost to OSP, any documents, reports, or audio recordings, if available, regarding the individual customer’s account. Such records must be in a format acceptable to OSP and provided within seven calendar days from request.

History

Statutory/Other Authority: ORS 813.600, ORS 813.660 & ORS 813.670
Statutes/Other Implemented: ORS 813.599 – 813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019
TSD 3-2019, renumbered from 737-005-0140, filed 05/30/2019, effective 07/01/2019
TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019
TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019

Or. Admin. R. 257-100-0045 Ignition Interlock Device Technician Qualification Standards

(1) A device may be serviced only by a person who is qualified as an ignition interlock device technician. To become a qualified ignition interlock device technician, the person must:

(a) Be 18 years of age or older;

(b) Not have a current ignition interlock device requirement or restriction pursuant to ORS 813.602;

(c) Complete a device training program provided by the manufacturer’s representative. Proof of device technician training must include the locations, dates, and hours of training completed;

(d) Complete the Knowledge and Skills Examination provided by OSP. A person must score eighty percent or higher on the Knowledge and Skills Examination to pass;

(e) Sign the Ignition Interlock Device Technician Declaration (OSP Form 257-0006);

(f) Pass a criminal background check as described in ORS 813.665, section (4) of this rule, and as defined by OSP policy.

(2) Ignition interlock device technician certification must be renewed annually.

(3) The certificate of completion for the Knowledge and Skills Examination, background check, and the declaration form for each ignition interlock device technician must be accessible by OSP at the service center.

(4) Ignition interlock device technicians must be able to demonstrate proficiency with operating each ignition interlock device they are trained and qualified to perform services for. The ignition interlock technician must be capable of operating the demonstration device located at the service center as described in OAR 257-100-0025(5)(a)(I);

(5) A person is not qualified to be an ignition interlock device technician if the person has been convicted of in any jurisdiction of any of the following offenses or an offense under federal law or from another state, which is equivalent to any of the following offenses:

(a) Unlawful possession, delivery, or manufacture of a controlled substance if the conviction occurred within two years of the date of the application;

(b) An offense which gives rise to an obligation to report as a sex offender and register as a sex offender under ORS Chapter163A.

(6) If an ignition interlock technician is convicted in this state or any jurisdiction, of an offense listed in ORS 813.665 or section (5) of this rule, or an offense under federal law or from another state which is equivalent to offenses listed in ORS 813.665 or section (5) of this rule, or becomes required to have an ignition interlock device pursuant to ORS 813.602, then the following applies;

(a) The technician becomes disqualified as an ignition interlock device technician;

(b) The technician must notify their manufacturer’s representative(s) that the person is no longer qualified to be an ignition interlock device technician in Oregon.

(c) Upon notification by the technician, the manufacturer’s representative must notify OSP of the disqualifying factor within 7 calendar days.

(7) In addition to section (1) of this rule, a person seeking qualification as a mobile service center Ignition Interlock Device Technician must:

(a) Possess valid Oregon driving privileges; or

(b) Possess valid driving privileges in the state in which residency is obtained, if not the State of Oregon.

(8) The person requesting to become an ignition interlock device technician, or the manufacturer’s representative on the person’s behalf, must submit the following documentation to the Oregon State Police Ignition Interlock Device Oversight Program:

(a) Copy of the Knowledge and Skills Examination Certification of Completion as described in section (1)(d) of this rule;

(b) Completed Ignition Interlock Device Technician Declaration as described in section (1)(e) of this rule;

(d) A photo copy of the Ignition Interlock Device Technician’s state issued identification card, state issued driver’s license, U.S. Passport, U.S. military identification card, or other government issued identification card; and

(e) A check or money order for the amount of $10, addressed to the Oregon State Police Ignition Interlock Device Program.

History

Statutory/Other Authority: ORS 813.600 & ORS 813.660
Statutes/Other Implemented: ORS 813.599 – 813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019
TSD 3-2019, renumbered from 737-005-0145, filed 05/30/2019, effective 07/01/2019
TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019
TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019

Or. Admin. R. 257-100-0050 Performance Standards for Ignition Interlock Devices

(1) Every device installed in a vehicle must be equipped with a camera. The camera must be mounted to the vehicle in such a way to maximize an image of the front driver and passenger seats. The camera must be installed and secured in a manner to limit any movement. The device camera must capture a photo in each of the following circumstances: when a breath sample is requested; when a breath sample is submitted; when a test violation or device circumvention is recorded. The device must be capable of storing all required data, including: the image, the date, the time, and BrAC of the accepted breath sample each time the individual attempts to use the device.

(2) The device camera must be able to capture a clear, unobstructed photograph in all lighting conditions.

(3) All images and data collected between calibration periods must be stored in the device's data storage system and be downloaded by the device manufacturer’s representative, or their designee, at the time of calibration in order to ensure proper record maintenance.

(4) Every device currently installed in a vehicle must be equipped with the ability to record a circumvention or test violation as described in ORS 813.599.

(5) When the device receives a successful breath sample, the measurement shall be displayed to three decimal places and reported as the recorded BrAC of the accepted breath sample.

(6) After successfully passing a breath sample, the device must allow for a restart within two minutes without requiring an additional test.

(7) The device must not accept a breath sample if the device is in lockout.

(8) A device must require 1200 milliliters (mL) or 1.2 liters (L) of breath for an acceptable breath sample. For individuals who are unable to provide the minimum breath sample, the individual may apply for the IID medical exemption with the court or DMV in accordance with OAR 735-070-0082.

(9) After a successful initial or follow-up test, the device must require a random retest of the individual while a vehicle’s engine is in operation as follows:

(a) A retest is required at random intervals ranging from five to ten minutes after starting the vehicle. Subsequent retests are required at random intervals ranging from 15 to 45 minutes from the previously required retest for the duration of vehicle operation;

(b) The device retest must allow 10 minutes for the retest to be completed; and

(c) A device must provide a distinct audible tone of at least 80 decibels (dB) and visual indicators to alert the driver that a retest is in progress. The tone must repeat at least every 30 seconds until a sample is provided or a test violation occurs.

(10) Upon a device registering a test violation, the device must:

(a) Immediately activate a unique repetitive audible tone of at least 80 dB with visual indicators on the display of the handset, until the engine is shut down or a successful test is submitted;

(b) Record the retest violation in the data storage system and disable the ability of the restart as defined in OAR 257-100-0005;

(d) Allow multiple breath sample attempts for up to 10 minutes. The device fuel cell must be recovered and ready for use three minutes or less of a preceding test in accordance with the NHTSA model specification for BAIIDs as published in the 78 Fed Reg 26849-26867 (effective May 8, 2014); and

(e) Automatically and completely purge all residual alcohol before allowing subsequent tests.

(11) Every device currently installed must be able to accurately determine and record locational coordinate information of the vehicle, including latitude and longitude, as established by a global positioning system (GPS). GPS coordinates must be recorded when:

(a) The device is required to take a photograph as listed in subsection (1) of this rule;

(b) When the vehicle’s engine is turned on; and

(12) The device must be programmed to enter the early recall setting when the device records:

(a) A second breath sample of 0.021% or higher in a single testing sequence;

(b) A breath sample of 0.021% or higher is provided and no additional samples are provided within ten minutes; or

(13) When a device enters early recall, service of the device must be performed within seven calendar days. Service must include inspection, download, data transferring, and calibration. The device must enter a lockout if the device has not been serviced within seven calendar days of entering early recall.

(14) A device may not enter early recall or similar setting for any reason not listed in section 12 of this rule, without OSP approval.

History

Statutory/Other Authority: ORS 813.600 & ORS 813.660
Statutes/Other Implemented: ORS 813.599 – 813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 1-2020, temporary amend filed 04/03/2020, effective 04/03/2020 through 09/29/2020
OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019
TSD 3-2019, renumbered from 737-005-0150, filed 05/30/2019, effective 07/01/2019
TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019
TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019

Or. Admin. R. 257-100-0055 Device Routine Maintenance and Calibration

(1) Prior to calibration, the device, the handset, the camera and associated equipment must be inspected at the vehicle for evidence of tampering or camera obstruction. Calibration must ensure that the device remains capable of accurately analyzing a breath sample. During calibration all the data collected on the device either from installation or last calibration of the device must be uploaded to the manufacturer or manufacturer’s representative’s server or network.

(2) When calibrating a device, an ignition interlock device technician must:

(a) Attempt to start the vehicle ignition without first providing a breath sample to determine if the device had been circumvented by the individual customer;

(b) Visually inspect the vehicle and device to determine if the device appears to have tampered with;

(d) Perform a device calibration and data upload according to the manufacturer representative’s procedures.

(3) The calibration process and vehicle inspection must be scheduled at intervals not to exceed 60 calendar days, calculated from the installation date or last calibration date. The device must notify the individual of their scheduled calibration with a daily countdown, beginning at least seven calendar days before the service.

(4) An ignition interlock device technician shall not conduct a calibration or service any device unless the vehicle is present at the time of service and is in mechanically operable condition. Individual customers shall not be permitted to remove or install any component of the ignition interlock device during the time of service or calibration.

(5) The device must enter into lockout if service is not performed within seven calendar days of a scheduled service date or violation as defined in ORS 813.599. The device must give the individual a daily countdown before lockout occurs.

(6) If a device enters a lockout, a remote lockout override may be provided only by the manufacturer or manufacturer’s representative.

(7) A remote lockout override may not be performed unless OSP has approved the manufacturer or manufacturer’s representative’s lockout override procedure for the device model, in accordance with this rule.

(8) OSP shall approve the remote lockout override procedure for a device model if the device meets the following requirements:

(a) A device lockout override is performed on a device by entering a unique lockout override code into the device or by a manufacturer controlled remote connection procedure.

(b) A device lockout override is valid for a period of 12 hours, after which the device must revert to a lockout.

(c) After a manufacturer, manufacturer’s representative, or individual performs a remote lockout override, the device must continue to operate as required in ORS 813.599 and OAR Chapter 257, Division 100.

(d) Each remote lockout override must be uniquely identified and recorded in the device’s data storage system.

(9) A device must be calibrated for accuracy by using dry gas alcohol standard with an alcohol reference value between 0.020 grams per two hundred-ten liters (g/210L) and 0.050 g/210L. The calibration process must consist of the following procedures:

(a) An "as found" check to introduce the sample into the device without adjustment for accuracy. The test must be conducted prior to any adjustment for accuracy and the results must be recorded on the data logger. If the results of the “as found” check are within plus or minus (+/-) 0.005 g/210L of the adjusted reference value, then no adjustment is necessary.

(b) If the results of the “as found” check are not within +/- 0.005 g/210L of the adjusted reference value, the device shall be adjusted to restore accuracy before the device may be placed into service.

(10) A service center must remove from service any device that does not pass calibration after two adjustments. The manufacturer’s representative must maintain a record of the serial number of the device for proper record maintenance. A device removed from service for failing calibration may be returned to service only if the device is repaired by the manufacturer to meet the standards described in OAR Chapter 257, Division 100 and ORS 813.599. All repairs to a device must be documented and kept in the manufacturer’s representative’s records.

(11) Dry gas alcohol standards are listed, or approved to be listed, on the NHTSA Conforming Products List of Calibrating Units for Breath Alcohol Testers and are National Institute of Standards and Technology (NIST) Traceable ethanol standards. The reference value must be adjusted for the elevation at which the dry gas is being used. Dry gas alcohol standard tanks must be:

(a) Stored in an environment where the temperature range remains between 10° to 40°Celsius (50° to 104° Fahrenheit) for at least twenty-four (24) hours prior to use to ensure stability;

(b) Either labeled or have a COA, which contains the components and concentration of the reference value of the gas, an expiration date that may not exceed three (3) years from the date of preparation, and the lot or batch number;

(d) Protected from exposure to weather during transport.

(12) Each service center must have tubing that is compatible with alcohol (Tygon or equivalent), and purged prior to each calibration unless the system is pressurized.

History

Statutory/Other Authority: ORS 813.600 & ORS 813.660
Statutes/Other Implemented: ORS 813.599 – 813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 1-2020, temporary amend filed 04/03/2020, effective 04/03/2020 through 09/29/2020
OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019
TSD 3-2019, renumbered from 737-005-0155, filed 05/30/2019, effective 07/01/2019
TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019
TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019

Or. Admin. R. 257-100-0060 Reporting Requirements of Manufacturers, Manufacturer’s Representatives, and Service Centers

(1) Manufacturer’s representatives or service centers must ask if the individual customer if they are currently subject to a qualifying court approved Driving Under the Influence of Intoxicants Diversion Agreement or if the individual customer was convicted of Driving Under the Influence of Intoxicants. The individual customer must update the service center or manufacturer’s representative if the individual’s diversion or conviction status was incorrectly stated or has changed. Manufacturer’s representatives must report any negative report, tampering, device lockout, install, removal, or test violations downloaded by the manufacturer’s representative under ORS Chapter 813.630 and 813.635.

(a) Manufacturer or manufacturer’s representative must conduct a thorough review of all reports generated under ORS 813.630, 813.635, and 813.645 prior to issuance.

(b) Manufacturer or manufacturer’s representative must notify OSP within three business days if an individual customer’s device settings change from the Oregon performance standards and settings outlined in OAR Chapter 257, Division 100.

(2) OSP recognizes and considers manufacturer’s representatives to be subject matter experts in the operation of their own device. Manufacturer’s representatives may use discretion, within the guidelines of OSP Form 257-0012 to determine the validity of the violations.

(3) Only one customer may be designated to a device. Multiple drivers subjected to requirements under ORS 813.602 order or agreements, shall not share a single device or user account.

(4) Prior to installation of a device a manufacturer’s representative or service center must verify, by government issued photo identification, that the customer’s full name and date of birth matches any ignition interlock related paperwork used to establish an account and obtain device installation.

(5) At the time of device installation, manufacturer’s representatives or service centers must obtain a clear, unobstructed, photograph of only the required driver in the driver’s seat using the camera installed with the device. The photograph shall be used as the reference photograph in the individual’s weblogs.

(6) For an individual customer subject to a diversion agreement, the manufacturer’s representative must notify:

(a) The District Attorney or City Prosecutor, court or the court’s designee, when there is any negative report, lockout, tampering, or any installation and removal of a device;

(b) OSP when there is any negative report, lockout, tampering, or any installation and removal of a device;

(d) OSP when there is a 6-month “no negative certificate”, or a 90-day “no negative certificate.”

(7) For an individual convicted of the offense Driving Under the Influence of Intoxicants, the manufacturer, manufacturer’s representative, or service center shall notify:

(a) OSP when there is any negative report, lockout, tampering, or any installation and removal of a device;

(b) The individual customer when there is a 90 day “no negative certificate.”

(d) OSP when there is a 90-day “no negative certificate.”

(8) Upon eligibility of a 6-month “no negative certificate”, or a 90-day “no negative certificate”, the manufacturer or manufacturer’s representative shall provide the applicable “no negative certificate” to the individual customer within seven business days of the request from the individual customer.

(9) If a device is not re-activated within 120 calendar days of a lockout, the device will be considered as removed and the manufacturer or manufacturer’s representative shall report the removal as described in subsections (6) and (7).

(10) The manufacturer or manufacturer’s representative must provide OSP with access to each individual customer’s weblog. All data uploaded to the manufacturer or manufacturer’s representative’s server or network must be accessible to OSP within 48 hours of the device download. The manufacturer or manufacturer’s representative must keep accurate record data of the client and the results of each event. When requested by OSP, the manufacturer’s representative must provide, at no cost to OSP, an individual customer’s weblog in a format acceptable to OSP.

(11) Manufacturer’s representatives must report the following to OSP no later than the 7th day of each calendar month:

(a) The total number of newly installed interlock devices (TIN) for the previous calendar month for individuals required to have an interlock installed pursuant to ORS 813.602. The TIN reporting must include each individual customer’s name, date of birth and Oregon license/identification number.

(b) The total number of installed interlock devices (AIN) for individuals required to have an interlock installed pursuant to ORS 813.602. The AIN reporting must include each individual customer’s name, date of birth and Oregon license/identification number, where available.

(c) A list of all individual customers who had an interlock device removed during the previous calendar month. This list must include each individual customer’s name, date of birth and Oregon license/identification number and be in a format acceptable to OSP.

(A) The AIN and TIN shall not include interlock devices installed on a voluntary basis; or

(B) Individual customers not subject to a Driving Under the Influence of Intoxicants Diversion Agreement or conviction of Driving Under the Influence of Intoxicants under ORS 813.602; or

(12) If the manufacturer’s representative’s web browser provides TIN, AIN and removal information viewable by OSP, reporting by the manufacturer’s representative outlined in section 10 of this rule is not required.

(a) TIN, AIN, and removal information on the manufacturer’s representative’s web browser must include a list of all individual customers with a device installation, removal or active account for the calendar month; and

(b) Be in a format which allows search and filter by date; and

(d) Individual customers not subject to a Driving Under the Influence of Intoxicants Diversion Agreement or conviction of Driving Under the Influence of Intoxicants under ORS 813.602; or

(e) When the Individual did not possess an operational device for at least one calendar day of the month.

(13) Upon request by OSP, the manufacturer’s representative must provide, at no cost, additional reports in a format acceptable to OSP.

History

Statutory/Other Authority: ORS 813.600, ORS 813.660, ORS 813.630 & ORS 813.635
Statutes/Other Implemented: ORS 813.599 – 813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019
TSD 3-2019, renumbered from 737-005-0160, filed 05/30/2019, effective 07/01/2019
TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019
TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019

Or. Admin. R. 257-100-0065 Removal of Ignition Interlock Devices

(1) A qualified ignition interlock device technician must remove the device when requested by the individual.

(2) When removing a device, an ignition interlock device technician must:

(a) Attempt to start the vehicle ignition without first providing a breath sample to determine if the device had been circumvented by the individual customer;

(b) Visually inspect the vehicle, device, and camera to determine if the device appears to have been tampered with; and

(d) Ensure removal of the device does not damage the vehicle and that the vehicle’s ignition functions properly without the device being installed;

(3) When removing a device, a manufacturer’s representative must:

(a) If applicable, provide the individual with an Ignition Interlock Device No Negative Certificate Form 257-0007; and

(b) Report the removal pursuant to OAR 257-100-0060.

(4) Upon approval by OSP, a manufacturer or manufacturer’s representative may provide a third-party mechanic with an ignition interlock device de-activation or override code for maintenance or repair of a vehicle with an ignition interlock device installed.

(a) The manufacturer or manufacturer’s representative shall collect the mechanic’s full name, business address, and contact phone number.

(b) A De-activation or override code may only be provided to mechanics performing maintenance or repair of the individual customer’s vehicle. The individual customer may not be the mechanic performing the maintenance or repair.

(d) Each de-activation or override code must be uniquely identified and recorded in the device’s data storage system.

(e) The number of de-activation or override codes per individual customer or vehicle is unlimited.

(f) Violations recorded while the vehicle is not being driven by the individual customer required to have the interlock device may be reviewed for exclusion. The individual customer must provide a completed Mechanic’s Affidavit Form 257-0030 to the manufacturer or manufacturer’s representative upon completion of the maintenance or repair. If an individual customer fails to submit a Mechanic’s Affidavit Form 257-0030 to the manufacturer or manufacturer’s representative, may result in a break in compliance, an extension of ignition interlock requirement, or additional fees.

History

Statutory/Other Authority: ORS 813.600 & ORS 813.660
Statutes/Other Implemented: ORS 813.599 – 813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019
TSD 3-2019, renumbered from 737-005-0165, filed 05/30/2019, effective 07/01/2019
TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019
TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019

Or. Admin. R. 257-100-0070 Service Center and Device Application, Renewal Fee, and Fee Schedule

(1) All Fees under this rule must be paid to the Oregon State Police. Fees may be mailed to the Oregon State Police – Ignition Interlock Device Management Fund.

(a) Payment may be made by personal check, business check, cashier’s check, credit card or money order made payable to the Oregon State Police - Ignition Interlock Device Management Fund. If the fee is paid by either personal check or business check, the OSP will not take any action on applications until the check has cleared the bank.

(b) An electronic deposit process may be used with prior OSP approval.

(2) To consider a device for qualification, a manufacturer or manufacturer’s representative must submit an Ignition Interlock Device Qualification application and application fee to OSP in accordance with ORS 813.680.

(a) OSP shall collect and keep records of all fees related to ORS 813.680;

(b) The ignition interlock device model application fee and renewal application fee is $3,000. The fee is nonrefundable. The fee shall be deemed paid for the month in which the application or renewal is due and paid to OSP.

(3) To consider a service center for certification, a manufacturer or manufacturer’s representative must submit a service center application and application fee to OSP in accordance with ORS 813.660.

(a) OSP shall collect and keep records of all fees related to ORS 813.660;

(b) The fixed site service center initial application fee and the one-year renewal application fee is $600. The fee is nonrefundable. The fee shall be deemed paid for the month in which the application or renewal is due and paid to OSP;

(c) The mobile service center initial application fee and the one-year renewal application fee is $300. The fee is nonrefundable. The fee shall be deemed paid for the month in which the application or renewal is due and paid to OSP.

(4) OSP shall require a monthly fee for each device installed in any vehicle operated by an individual customer required to have an installed device pursuant to ORS 813.602, in accordance with ORS 813.680.

(a) OSP shall collect and keep records of all fees related to ORS 813.680;

(b) The monthly fee for each device installed will be no less than $10.00, but not exceed $20.00.

(c) The fees charged under this section shall be in an amount adequate to pay all administrative costs incurred by the department in administering ORS 813.660 to ORS 813.680. OSP shall annually assess the adopted monthly fee amount and adjust the fee accordingly;

(d) The fee described in (b) of this section will be outlined on OSP Fee Chart (257-0013) and is nonrefundable. The fee shall be deemed paid by the manufacturer’s representative for the month in which the device is installed is due and paid to OSP. The fee shall be paid and received by OSP no later than the 15th day of each calendar month.

(e) The total fees amount owed by the manufacturer’s representative shall be calculated using the fee described on form 257-0013 multiplied by the number active accounts by individual customers required to have devices pursuant to ORS 813.602. Active accounts will be calculated at the close of business on the last working day of each month.

(f) For purposes of this section, an active account means an account for any individual customer required to have a device that possesses an operational device installed in their vehicle for any amount of time during the calendar month.

(5) OSP shall not issue or renew a manufacturer’s certification, or service center certification if the applicant fails to pay any fee or submits a partial payment of fees.

History

Statutory/Other Authority: ORS 813.600, ORS 813.603, ORS 813.604 & ORS 813.660
Statutes/Other Implemented: ORS 813.599 - 813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019
TSD 3-2019, renumbered from 737-005-0170, filed 05/30/2019, effective 07/01/2019
TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019
TSD 5-2018, temporary adopt filed 11/05/2018, effective 11/05/2018 through 03/22/2019

Or. Admin. R. 257-100-0075 Indigence Fee Waiver

(1) Only a manufacturer’s representative under contract with the Oregon Health Authority may provide statewide device service for individuals who apply and meet indigence standards.

(2) An individual customer required by ORS 813.602 to have a device installed in the individual’s vehicle and who meets indigence standards may have the fees charged by a service center waived for any device service.

(3) An individual customer requesting a fee waiver must provide proof of eligibility for the fee waiver to the service center. Proof of eligibility is documentation of SNAP enrollment provided by the Oregon Department of Human Services dated for the month service was performed. Proof of eligibility must be submitted to the service center each time the service center provides service and the individual customer requests a fee waiver.

(4) A person unable to provide proof of enrollment in SNAP does not meet the indigence standards and is responsible for all fees charged for any services related to the device for the period proof is not provided to the service center.

History

Statutory/Other Authority: ORS 813.600, ORS 813.603, ORS 813.604 & ORS 813.660
Statutes/Other Implemented: ORS 813.599 – 813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019
TSD 3-2019, renumbered from 737-005-0175, filed 05/30/2019, effective 07/01/2019
TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019
TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019

Or. Admin. R. 257-100-0080 Hearing Procedure

(1) OSP may deny, refuse to reissue, suspend or revoke a qualification of a manufacturer or manufacturer’s representative, or refuse or discontinue a working relationship with any manufacturer’s representative liaison if the department after a thorough investigation determines the manufacturer, manufacturer’s representative, or liaison to be intentionally untruthful, deceptive, operates outside the permissions of program requirements, and/or falsely completes or alters any written instrument related to the ignition interlock device program.

(2) OSP may, without prior hearing, suspend or refuse to renew qualification of an ignition interlock device for use in Oregon under ORS 183.430(2), if OSP determines that there is a serious danger to the public health or safety that requires immediate action.

(3) OSP may deny, refuse to reissue, suspend or revoke a certification for a manufacturer or manufacturer’s representative upon OSP’s determination that any applicant or certification holder had failed to meet standards, comply, or no longer complies with any requirement or provision listed in OAR 257-100-0010 through 257-100-0075.

(4) OSP may deny, refuse to reissue, suspend, or revoke a certification for a service center upon OSP’s determination that any applicant or certification holder has failed to meet standards, comply, or no longer complies with any requirement or provision of the service center requirements listed in OAR 257-100-0025. A manufacturer or manufacturer’s representative whose certification is denied or revoked may not re-apply for certification until 180 calendar days have passed from the date of denial or revocation. A service center whose certification is revoked may not reapply for certification until 180 calendar days have passed from the date of revocation. Prior to OSP re-issuing certification to a manufacturer’s representative or service center after a denial, suspension, or revocation, a manufacturer’s representative or service center must be fully compliant with all administrative rules, statutes and must have paid all required fees.

(5) Before any denial, refusal to reissue, suspension, or revocation of a manufacturer’s or manufacturer’s representative’s qualification or service center’s certification is taken, an investigation of the complaint or violation will be performed by OSP. The manufacturer’s representative is entitled to notice of the proposed action and an opportunity for hearing, as prescribed in Oregon Administrative Procedures Act, ORS 183.413 to 183.500

(6) OSP may remove a device model from the list of qualified devices upon OSP’s determination that any device model failed to meet standards or no longer complies with requirements in ORS 813.600 or OAR 257-100-0010, OAR 257-100-0050 or OAR 257-100-0055. If a device model is removed, the device model may not be installed for 180 calendar days from the date of removal.

(7) Other than a voluntary request to remove a device from the list of qualified devices, OSP may remove a device from the list of qualified devices after an investigation of the complaint or violation is performed by OSP. The device manufacturer or manufacturer’s representative is entitled to notice of the proposed action and an opportunity for hearing, as prescribed in Oregon Administrative Procedures Act, ORS 183.413 to 183.500.

(8) A request for an administrative hearing must be filed in writing and received by OSP within sixty (60) calendar days after the date of the notice of action.

(a) The request for an administrative hearing may be sent to Oregon State Police Ignition Interlock Device Oversight Program, 3565 Trelstad Avenue SE, Salem OR 97317; or

(b) Emailed to ospiid@osp.oregon.gov.

(9) Notwithstanding section (2) and (8), a decision to remove a device is effective 30 calendar days from the date of the notice of proposed action.

History

Statutory/Other Authority: ORS 813.600 & ORS 813.660
Statutes/Other Implemented: ORS 813.599 – 813.680
OSP 3-2022, amend filed 05/20/2022, effective 05/20/2022
OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019
OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019
TSD 3-2019, renumbered from 737-005-0180, filed 05/30/2019, effective 07/01/2019
TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019
TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019

Or. Admin. R. 257-100-0085 Foreign Jurisdiction

(1) For an individual customer with an Oregon ignition interlock device requirement who reside outside of the State of Oregon, and in a jurisdiction, which does not have an ignition interlock device requirement or statutory counterpart, the individual must comply with the standards and settings outlined in OAR 257-100-0005 through 257-100-0080.

(2) An individual with an ignition interlock device requirement or restriction in the jurisdiction in which they reside in addition to an ignition interlock device requirement pursuant to ORS 813.602, may cause a device to be installed in their vehicle and set to the standards or settings required by the jurisdiction with the most stringent requirements as determined by the manufacturer and with OSP approval.

(3) The device installed and used to satisfy an ignition interlock device requirement pursuant to ORS 813.602, as described in Section (2), shall include the following requirements:

(a) The device model is listed on the Oregon List of Qualified Devices;

(A) The device is equipped with a camera pursuant to OAR 257-100-0050; and

(B) The device must include a global positioning system (GPS) pursuant to OAR 257-100-0050.

(b) The device must register test violations as defined in ORS 813.599; and

(4) Only one customer may be designated to a device. Multiple drivers subjected to requirements under ORS 813.602 order or agreements, shall not share a single device or user account.

(5) The manufacturer or manufacturer’s representative must include OSP and court or court’s designee, if applicable, as a monitoring authority for the customer.

(6) The manufacturer or manufacturer’s representative must report to OSP, any negative report, tampering, device lockout, install, removal, or test violations downloaded by the manufacturer or manufacturer’s representative under ORS Chapter 813.630 and 813.635.

(7) Upon eligibility of a “no negative certificate,” the manufacturer or manufacturer’s representatives shall provide the applicable “no negative certificate” to the individual customer as described in OAR 257-100-0060.

(8) A customer with an ignition interlock device installed as described in this rule is subjected the monthly fee described in OAR 257-100-0070.

History

Statutory/Other Authority: ORS 813.600 & ORS 813.660
Statutes/Other Implemented: ORS 813.599-813.680
OSP 3-2022, adopt filed 05/20/2022, effective 05/20/2022