Department of Public Safety Standards and Training, Chapter 259
Rule Caption: Clarify the private investigator licensure exemption identified in ORS 703.411(1).
Adm. Order No.: DPSST 1-2012(Temp)
Filed with Sec. of State: 2-6-2012
Certified to be Effective: 2-6-12 thru 7-31-12
Notice Publication Date:
Rules Adopted: 259-061-0018
Subject: This temporary rule clarifies the interpretation of the exception to the private investigator licensure requirement that is identified in ORS 703.411(1). “A person who is employed exclusively by one employer in connection with the affairs of that employer” is explained to be a person who has one, exclusive employer and who conducts business on behalf of that employer only. The exception does not cover a person who conducts investigations on behalf of the employer’s clients.
The rule, upon effect, is retroactive to the date in which the Department of Public Safety Standards and Training began relying on Department of Justice advice (August 9, 2011.)
Rules Coordinator: Linsay Hale—(503) 378-2431
(1) A person may not act as an investigator or represent that the person is an investigator unless that person is licensed under ORS 703.430 and these rules.
(2) Exemptions: Persons described in ORS 703.411 are exempt from regulation as private investigators.
(3) For the purposes of ORS 703.411(1), a person is “employed exclusively by one employer in connection with the affairs of that employer only” when;
(a) The person has one, exclusive employer; and
(b) The person conducts investigations on behalf of that employer only. This subsection does not apply to a person who conducts investigations on behalf of the employer’s clients.
(c) This rule applies as of August 9, 2011.
ORS 703.430, 703.480
Stats. Implemented: ORS 703.430, 703.480
Hist.: DPSST 1-2012(Temp), f. & cert. ef. 2-6-12 thru 7-31-12