Loading

Oregon Bulletin

January 1, 2012

 

Department of Public Safety Standards and Training
Chapter 259

Rule Caption: Implements the regulation of tribal law enforcement units and the certification of tribal police officers.

Adm. Order No.: DPSST 16-2011(Temp)

Filed with Sec. of State: 11-28-2011

Certified to be Effective: 11-28-11 thru 3-28-12

Notice Publication Date:

Rules Amended: 259-008-0069

Subject: SB 412 was enacted during the 2011 Legislative Session and relates to the regulation of tribal law enforcement units and the certification of tribal police officers. This temporary rule language has been updated to reflect recent legal analysis of the Department’s proposed rule language. The rule has been re-sequenced to clarify the responsibility of tribal governments.

Rules Coordinator: Linsay Hale—(503) 378-2431

259-008-0069

Tribal Law Enforcement

(1) In order for individuals employed as public safety professionals by a tribal government to be eligible for certification as a public safety professional:

(a) The tribal government must comply with all requirements found in ORS 181.610 to 181.712 and OAR 259, Section 8 applicable to law enforcement units.

(b) Tribal law enforcement units must submit an Applicant Disclosure of Convictions in Tribal Jurisdiction (Form F-8) when:

(A) Reporting individuals hired into certified positions as prescribed in OAR 259-008-0020 (Personnel Action Report Form F-4); and

(B) Upon application for certification (Application for Certification Form F-7).

(c) Tribal law enforcement units must annually complete an Annual Affidavit for Tribal Law Enforcement Units (Form F-8a).

(d) A certified public safety professional employed by a tribal government must comply with all requirements found in ORS 181.610 to 181.712 and OAR 259, Section 8 applicable to public safety professionals.

(2) Failure of a tribal government to comply with any requirements of section (1) of this rule will result in the lapse of certification of all certified public safety professionals employed with the affected tribal government. Upon reemployment as a public safety professional, or upon compliance with requirements by a tribal government, a person whose certification has lapsed may apply for recertification in the manner provided in 2011 OR SB 412 and this rule.

(3) Tribal governments choosing to comply with the provisions of OR Laws Chapter 644 regarding authorized tribal police officers must submit a resolution to the Department that includes the following:

(A) A declaration of compliance with all requirements of 2011 OR SB 412;

(B) Proof of insurance. Acceptable proof of insurance consists of:

(i) A full copy of the public liability and property damage insurance for vehicles operated by the tribal government’s authorized tribal police officers and a full copy of the police professional liability insurance policy from a company licensed to sell insurance in the state of Oregon; or

(ii) A description of the tribal government’s self-insurance program which is in compliance with 2011 OR SB 412.

(c) Tribal governments must file a written description of all material changes to insurance policies or the tribal government’s self-insurance program with the Department within 30 days of the change.

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

Stat. Auth.: 2011 OL Ch. 644

Stats. Implemented: 2011 OL Ch. 644

Hist.: DPSST 15-2011(Temp), f. & cert. ef. 10-27-11 thru 3-28-12; DPSST 16-2011(Temp), f. & cert. ef. 11-28-11 thru 3-28-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​