Department of Public Safety Standards and Training Chapter 259
Caption: Implements the regulation of
tribal law enforcement units and the certification of tribal police officers.
Order No.: DPSST 16-2011(Temp)
Filed with Sec. of
Certified to be
Effective: 11-28-11 thru 3-28-12
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
Rules Coordinator: Linsay Hale—(503) 378-2431
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
(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);
(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
(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
(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.
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.