Oregon Bulletin
April 1, 2011
Rule
Caption: Amend core value definitions.
Adm.
Order No.: DPSST 1-2011
Filed with Sec. of
State: 2-24-2011
Certified to be
Effective: 4-1-11
Notice Publication
Date: 2-1-2011
Rules Amended: 259-009-0070
Subject: Removes the duplicate language from the fire service
core value definitions which makes it difficult to distinguish among the core
values of the fire service profession.
Rules Coordinator: Linsay Bassler—(503) 378-2431
259-009-0070
Denial/Revocation
(1) It is the responsibility of the Board to set the
standards, and of the Department to uphold them, to insure the highest levels
of professionalism and discipline. These standards shall be upheld at all times
unless the Board determines that neither the safety of the public or respect of
the profession is compromised.
(2) For purposes of this rule, the following
definitions will apply:
(a) “Denial” or “Deny” means the refusal to grant a
fire service certification for mandatory grounds or discretionary disqualifying
misconduct as identified in this rule, pursuant to the procedures identified in
(9) of this rule.
(b) “Discretionary Conviction” means a conviction
identified in OAR 259-009-0070(6).
(c) “Discretionary Disqualifying Misconduct” means
misconduct identified in OAR 259-009-0070(4).
(d) “Revocation” or “Revoke” means to withdraw the
certification of a fire service professional or instructor for mandatory
grounds or discretionary disqualifying misconduct as identified in this rule,
pursuant to the procedures identified in subsection (9) of this rule.
Grounds for Mandatory Denial or
Revocation of Certification.
(3) Mandatory Grounds for Denying or Revoking Certification
of a Fire Service Professional or Instructor:
(a) The Department must deny or revoke the
certification of any fire service professional or instructor, after written
notice, and a hearing if requested, based upon a finding that:
(A) The fire service professional or instructor has
been convicted in this state of a crime listed in ORS 137.700 or in any other
jurisdiction of a crime that, if committed in this state would constitute a
crime listed in 137.700. Those crimes are:
163.095 Attempted Aggravated
Murder;
163.115 Attempted Murder;
163.115 Murder;
163.118 Manslaughter in the First
Degree;
163.125 Manslaughter in the Second
Degree;
163.149 Aggravated Vehicular
Homicide;
163.175 Assault in the Second
Degree;
163.185 Assault in the First
Degree;
163.225 Kidnapping in the Second
Degree;
163.235 Kidnapping in the First
Degree;
163.365 Rape in the Second Degree;
163.375 Rape in the First Degree;
163.395 Sodomy in the Second
Degree;
163.405 Sodomy in the First
Degree;
163.408 Sexual Penetration in the
Second Degree;
163.411 Sexual Penetration in the
First Degree;
163.427 Sexual Abuse in the First
Degree;
163.670 Using a Child in a Display
of Sexually Explicit Conduct
164.325 Arson in the First Degree
(See exception under OAR 259-009-0070(4));
164.405 Robbery in the Second
Degree;
164.415 Robbery in the First
Degree;
167.017 Compelling Prostitution.
(B) The fire service professional or instructor has
been discharged for cause from employment as a fire service professional or
instructor.
(b) For purposes of this rule, “discharged for cause”,
means an employer initiated termination of employment for any of the following
reasons after a final determination has been made. If, after service by the
Department of a Notice of Intent to Deny or Revoke Certifications (NOI), the
fire service professional or instructor provides notice to the Department
within the time stated in the NOI that the discharge has not become final, then
the Department may stay further action pending a final determination.
(i) Dishonesty: Includes untruthfulness, dishonesty by
admission or omission, deception, misrepresentation, falsification;
(ii) Disregard for the Rights of Others: Includes
violating the constitutional or civil rights of others, conduct demonstrating a
disregard for the principles of fairness, respect for the rights of others,
protecting vulnerable persons, and the fundamental duty to protect and serve
the public.
(iii) Gross Misconduct means an act or failure to act
that creates a danger or risk to persons, property, or to the efficient
operation of the agency, recognizable as a gross deviation from the standard of
care that a reasonable fire service professional or instructor would observe in
a similar circumstance;
(iv) Incompetence: means a demonstrated lack of ability
to perform the essential tasks of a fire service professional or instructor
that remedial measures have been unable to correct.
(v) Misuse of Authority: Includes abuse of public
trust, abuse of authority to obtain a benefit, avoid a detriment, or harm
another, and abuse under the color of office.
Discretionary Disqualifying Misconduct as Grounds for
Denying or Revoking Certification.
(4) Discretionary disqualifying misconduct as Grounds
for Denying or Revoking Certification(s) of a Fire Service Professional or
Instructor:
(a) The Department may deny or revoke the certification
of any fire service professional or instructor, after written notice, and a
hearing, if requested, based upon a finding that:
(A) The fire service professional or instructor
falsified any information submitted on the application for certification or on
any documents submitted to the Board or Department;
(B) The fire service professional or instructor has
been convicted of an offense listed in subsection (4)(c), punishable as a
crime, other than a mandatory disqualifying crime listed in section (3) of this
rule, in this state or any other jurisdiction.
(b) For purposes of this rule, the Department, through
the Fire Policy Committee and Board, has defined core values that are integral
to the fire service profession. These values are:
(A) Category I: Honesty. Honesty includes
straightforwardness of conduct; integrity, adherence to the facts; freedom from
subterfuge or duplicity; truthfulness and sincerity.
(B) Category II: Professionalism. Professionalism
includes the conduct, aims, or qualities that characterize or mark a profession
or a professional person; extreme competence in an occupation or pursuit.
(C) Category III: Justice. Justice includes just
treatment, the quality or characteristics of being just, impartial, or fair.
(c) Pursuant to ORS 181.662(3)(b), the Department has
determined that, in the absence of a determination to the contrary by the Fire
Policy Committee and Board, a Fire Service Professional or Instructor who has
been convicted of the following crimes has violated the core values of the fire
service profession and may not be fit to receive or hold certification:
162.015 (Bribe Giving) —
Category III;
162.025 (Bribe Receiving) —
Category III;
162.065 (Perjury) — Category
I;
162.117 (Public Investment Fraud)
— Category I;
162.155 (Escape in the Second
Degree) — Category II;
162.165 (Escape in the First
Degree) — Category II;
162.185 (Supplying Contraband)
— Category II;
162.205 (Failure to Appear in the
First Degree) — Category II;
162.265 (Bribing a Witness)
— Category III;
162.275 (Bribe Receiving by a
Witness) — Category III;
162.285 (Tampering with a Witness)
— Category III;
162.305 (Tampering with Public
Records) — Category III;
162.325 (Hindering Prosecution)
— Category III;
162.355 (Simulating Legal Process)
— Category III;
162.365 (Criminal Impersonation)
— Category I;
162.367 (Criminal Impersonation of
a Peace Officer) — Category I;
162.415 (Official Misconduct in
the First Degree) — Category II;
163.145 (Criminally Negligent
Homicide) — Category III;
163.160 (Assault in the Fourth
Degree) — Category III;
163.165 (Assault in the Third
Degree) — Category III;
163.205 (Criminal Mistreatment in
the First Degree) — Category III;
163.207 (Female Genital
Mutilation) — Category III;
163.208 (Assaulting a Public
Safety Officer) — Category III;
163.213 (Unlawful Use of an
Electrical Stun Gun, Tear Gas or Mace in the First Degree) — Category II;
163.245 (Custodial Interference in
the Second Degree) — Category III;
163.257 (Custodial Interference in
the First Degree) — Category III;
163.275 (Coercion) —
Category III;
163.355 (Rape in the Third Degree)
— Category III;
163.425 (Sexual Abuse in the
Second Degree) — Category III;
163.465 (Public Indecency) —
Category III;
163.515 (Bigamy) — Category
III;
163.525 (Incest) — Category
III;
163.535 (Abandonment of a Child)
— Category III;
163.537 (Buying or Selling a
Person Under 18 years of age) — Category III;
163.547 (Child Neglect in the
First Degree) — Category III;
163.555 (Criminal Non-Support)
— Category III;
163.670 (Using Child in Display of
Sexually Explicit Conduct) — Category III;
163.684 (Encouraging Child Sexual
Abuse in the First Degree) — Category III;
163.686 (Encouraging Child Sexual
Abuse in the Second Degree) — Category III;
163.688 (Possession of Materials
Depicting Sexually Explicit Conduct of a Child in the Second Degree) —
Category III;
163.689 (Possession of Materials
Depicting Sexually Explicit Conduct of a Child in the Second Degree) —
Category III;
163.732 (Stalking) —
Category III;
163.750 (Violating Court’s
Stalking Protective Order) — Category III;
164.045 (Theft in the Second
Degree) — Category I;
164.055 (Theft in the First
Degree) — Category I;
164.057 (Aggravated Theft in the
First Degree) — Category I;
164.075 (Theft by Extortion)
— Category I;
164.125 (Theft of Services: by
Deception) — Category I;
164.135 (Unauthorized Use of a
Vehicle) — Category I;
164.140 (Criminal Possession of
Rented or Leased Personal Property: felony only) — Category I;
164.170 (Laundering a Monetary
Instrument) — Category I;
164.172 (Engaging in a Financial
Transaction in Property Derived from Unlawful Activity) — Category I;
164.215 (Burglary in the Second
Degree) — Category III;
164.225 (Burglary in the First
Degree) — Category III;
164.235 (Possession of a Burglary
Tool or Theft Device) — Category III;
164.315 (Arson in the Second
Degree) — Category II;
164.325 (Arson in the First Degree
— If not a conviction under ORS 137.700) — Category II;
164.365 (Criminal Mischief in the
First Degree) — Category III;
164.377 (Computer Crime) —
Category III;
164.395 (Robbery in the Third
Degree) — Category III;
164.868 (Unlawful Labeling of a
Sound Recording) — Category III;
164.869 (Unlawful Recording of a
Live Performance) — Category III;
164.872 (Unlawful Labeling of a
Videotape Recording) — Category III;
164.885 (Endangering Aircraft)
— Category II;
164.889 (Interference with
Agricultural Research) — Category III;
165.013 (Forgery in the First
Degree) — Category I;
165.022 (Criminal Possession of a
Forged Instrument in the First Degree) — Category I;
165.032 (Criminal Possession of a
Forgery Device) — Category I;
165.055 (Fraudulent Use of a
Credit Card: Felony Only) — Category I;
165.065 (Negotiating a Bad Check)
— Category I;
165.070 (Possessing Fraudulent
Communications Device) — Category I;
165.074 (Unlawful Factoring of
Payment Card Transaction) — CategoryI;
165.085 (Sports Bribery) —
Category III;
165.090 (Sports Bribe Receiving)
— Category III;
165.579 (Cellular Counterfeiting
in the Second Degree) — Category III;
165.581 (Cellular Counterfeiting
in the First Degree) — Category III;
165.692 (Making False Claim for
Health Care Payment) — Category I;
165.800 (Identity Theft) —
Category I;
165.810 (Unlawful Possession of a
Personal Identification Device) — Category I;
165.813 (Unlawful Possession of
Fictitious Identification) — Category I;
166.005 (Treason) — Category
II;
166.015 (Riot) — Category
II;
166.085 (Abuse of Corpse in the
Second Degree) — Category II;
166.087 (Abuse of Corpse in the
First Degree) — Category II;
166.155 (Intimidation in the
Second Degree) — Category III;
166.165 (Intimidation in the First
Degree) — Category III;
166.220 (Unlawful Use of Weapon)
— Category I;
166.270 (Possession of Weapons by
Certain Felons: Felony only) — Category II;
166.275 (Possession of Weapons by
Inmates of Institutions) — Category II;
166.370 (Possession of Firearm or
Dangerous Weapon in Public Building or Court Facility; Exceptions; Discharging
Firearm at School) — Category II;
166.382 (Possession of Destructive
Device Prohibited) — Category II;
166.384 (Unlawful Manufacture of
Destructive Device) — Category II;
166.429 (Firearms Used in Felony)
— Category II;
166.438 (Transfer of Firearms at
Gun Shows: Felony Only) — Category II;
166.450 (Obliteration or Change of
Identification Number on Firearms) — Category II;
166.642 (Felon in Possession of
Body Armor) — Category II;
166.643 (Unlawful Possession of
Body Armor) — Category II;
166.649 (Throwing an Object Off an
Overpass in the Second Degree) — Category III;
166.651 (Throwing an Object Off an
Overpass in the First Degree) — Category III;
166.660 (Unlawful Paramilitary
Activity) — Category III;
166.720 (Racketeering Activity
Unlawful) — Category II;
167.012 (Promoting Prostitution)
— Category III;
167.062 (Sadomasochistic Abuse or
Sexual Conduct in Live Show: Felony Only) — Category III;
167.164 (Possession of Gray
Machine) — Category I;
167.212 (Tampering with Drug
Records) — Category I;
167.262 (Adult Using Minor in Commission
of Controlled Substance Offense: Felony Only) — Category III;
167.322 (Aggravated Animal Abuse
in the First Degree) — Category III;
167.339 (Assaulting Law
Enforcement Animal) — Category III;
475.840 (Prohibited Acts
Generally: Manufacture or Deliver a Controlled Substance) — Category II;
475.846 (Unlawful Manufacture of
Heroin) — Category II;
475.848 (Unlawful Manufacture of
Heroin Within 1,000 Feet of School) — Category III;
475.850 (Unlawful Delivery of
Heroin) — Category II;
475.852 (Unlawful Delivery of
Heroin Within 1,000 Feet of School) — Category III;
475.854 (Unlawful Possession of
Heroin) — Category II;
475.856 (Unlawful Manufacture of
Marijuana) — Category II;
475.858 (Unlawful Manufacture of
Marijuana Within 1,000 Feet of School) — Category III;
475.860 (Unlawful Delivery of
Marijuana: Felony only) — Category II;
475.862 (Unlawful Delivery of
Marijuana Within 1,000 Feet of School) — Category III;
475.864 (Unlawful Possession of
Marijuana: Felony only) — Category II;
475.866 (Unlawful Manufacture of
3,4-Methylenedioxymethamphetamine (Ecstasy)) — Category II;
475.868 (Unlawful Manufacture of
3,4-Methylenedioxymethamphetamine (Ecstasy) Within 1,000 Feet of School)
— Category III;
475.870 (Unlawful Delivery of
3,4-Methylenedioxymethamphetamine (Ecstasy)) — Category II;
475.872 (Unlawful Delivery of
3.4-Methylenedioxymethamphetamine (Ecstasy) Within 1,000 Feet of School)
— Category II;
475.874 (Unlawful Possession of
3.4-Methylenedioxymethamphetamine (Ecstasy)) — Category II;
475.876 (Unlawful Manufacture of
Cocaine) — Category II;
475.878 (Unlawful Manufacture of
Cocaine Within 1,000 Feet of School) — Category III;
475.880 (Unlawful Delivery of
Cocaine) — Category II;
475.882 (Unlawful Delivery of
Cocaine Within 1,000 Feet of School) — Category III;
475.884 (Unlawful Possession of
Cocaine) — Category II;
475.886 (Unlawful Manufacture of
Methamphetamine) — Category II;
475.888 (Unlawful Manufacture of
Methamphetamine Within 1,000 Feet of School) — Category III;
475.890 (Unlawful Delivery of
Methamphetamine) — Category II;
475.892 (Unlawful Delivery of
Methamphetamine Within 1,000 Feet of School) — Category III;
475.894 (Unlawful Possession of
Methamphetamine) — Category II;
475.904 (Unlawful Manufacture or
Delivery of Controlled Substance Within 1,000 Feet of School) — Category
III;
475.908 (Causing Another Person to
Ingest a Controlled Substance) — Category III;
475.910 (Application of Controlled
Substance to the Body of Another Person) — Category III;
475.914 (Prohibited Acts for
Registrants: Deliver or Dispense Controlled Substance) — Category II;
475.962 (Distribution of
Equipment, Solvent, Reagent or Precursor Substance with Intent to Facilitate
Manufacture of Controlled Substances) — Category II;
475.967 (Possession of Precursor
Substance With Intent to Manufacture Controlled Substance) — Category II;
475.977 (Possessing or Disposing
of Methamphetamine Manufacturing Waste) — Category II;
811.182 (Criminal Driving While
Suspended or Revoked) — Category II;
811.540 (Fleeing or Attempting to
Elude Police Officer: Felony Only) — Category II;
811.705 (Failure to Perform Duties
of a Driver to Person Injured) — Category II;
813.010 (DUII: Felony Only)
— Category II.
Any crime that requires the fire
service professional or instructor to register as a sex offender. “Attempt,”
“Solicitation,” or “Conspiracy” to commit a crime listed in ORS 137.700 or in
any other jurisdiction that, if committed in this state would constitute an
attempt, solicitation, or conspiracy to commit a crime listed in 137.700 (and
identified in OAR 259-009-0070(3)). Conviction of felony or Class A misdemeanor
“Attempt”, “Solicitation” or “Conspiracy” to commit a crime identified in this
rule as a discretionary disqualifier.
(d) If a fire service professional or instructor held
certification on or before January 15, 2008 and applies for a new
certification, the Department will proceed as follows:
(A) No action will be taken on a discretionary conviction
that occurred prior to January 15, 2003.
(B) The Department will not initiate revocation
proceedings based on a discretionary disqualifying conviction that occurred
between January 15, 2003 and January 15, 2008.
(C) The Department may initiate denial of a new
certification based on a discretionary disqualifying conviction that occurred
between January 15, 2003 and January 15, 2008.
(e) If a fire service professional or instructor held
certification on January 15, 2008 and applies for or obtains certification
after that date, the Department may initiate denial or revocation of all
certifications held based on a discretionary disqualifying conviction that
occurred prior to January 15, 2008.
(f) If a fire service professional or instructor is
convicted of a discretionary disqualifying crime on or after January 15, 2008,
the Department may initiate a denial or revocation of all certification(s) upon
learning of the conviction.
Initial Minimum Periods of
Ineligibility
(5) Upon determination to proceed with the denial or
revocation of a fire service professional’s or instructor’s certification based
on discretionary disqualifying misconduct identified in section (4), the Fire
Policy Committee and Board will determine an initial minimum period of
ineligibility to apply for certification. The initial minimum period of
ineligibility will range from 30 days to 7 (seven) years.
(a) In determining the initial minimum period of
ineligibility for discretionary disqualifying misconduct listed in section (4)
of this rule, the Fire Policy Committee and the Board will take into
consideration any aggravating or mitigating factors subject to the provisions
of section (7) of this rule.
(b) A person is not eligible to reapply for training or
certification if the person had training or certification denied or revoked for
mandatory grounds identified in section (3) of this rule.
(c) The initial minimum period of ineligibility will be
included in any Final Order of the Department.
(d) Any subsequent eligibility to apply for
certification will be determined by the Board, after a review by the Fire
Policy Committee, subject to the provisions of section (9) of this rule.
Procedure for Denial or Revocation
of a Certificate
(6) Scope of Revocation. Except as provided in (4)
above, when the Department denies or revokes the certification of any fire
service professional or instructor under the provisions of OAR 259-009-0070,
the revocation will encompass all fire service certificates the Department has
issued to that person.
(7) Denial and Revocation Procedure.
(a) Agency Initiated Review: When the entity utilizing
a fire service professional or instructor requests that a fire service
professional’s or instructor’s certification be revoked or denied, it must
submit in writing to the Department the reason for the requested revocation or
denial and all factual information supporting the request.
(b) Department Initiated Review: Upon receipt of
factual information from any source, and pursuant to ORS 181.662, the
Department may request that the fire service professional’s or instructor’s
certification be revoked or denied.
(c) Department Staff Review: When the Department
receives information, from any source, that a fire service professional or
instructor may not meet the established standards for Oregon fire service
professionals or instructors, the Department will review the request and the
supporting factual information to determine if the request for denial or
revocation meets statutory and administrative rule requirements.
(A) If the reason for the request does not meet the
statutory and administrative rule requirements for denial or revocation the
Department will notify the requestor.
(B) If the reason for the request does meet statutory
and administrative rule requirements but is not supported by adequate factual
information, the Department will request further information from the employer
or conduct its own investigation of the matter.
(C) If the Department determines that a fire service
professional or instructor may have engaged in discretionary disqualifying
misconduct listed in subsection (4), the case may be presented to the Board,
through the Fire Policy Committee.
(D) The Department will seek input from the affected
fire service professional or instructor, allowing him or her to provide, in
writing, information for the Fire Policy Committee and Board’s review.
(E) In misconduct cases in which there has been an
arbitrator’s opinion related to the fire service professional’s or instructor’s
employment, the Department will proceed as follows:
(i) If the arbitrator’s opinion finds that underlying
facts supported the allegations of misconduct, the department will proceed as
identified in paragraphs (A) through (D) of this subsection.
(ii) If the arbitrator has ordered employment
reinstatement after a discharge for cause without a finding related to whether
the misconduct occurred, the Department will proceed as identified in
paragraphs (A) through (D) of this subsection.
(iii) If the arbitrator’s opinion finds that underlying
facts did not support the allegation(s) of misconduct, the Department will
proceed as identified in paragraph (A) of this subsection and administratively
close the matter.
(d) Policy Committee and Board Review: In making a
decision to authorize initiation of proceedings under subsection (e) of this
rule, based on discretionary disqualifying misconduct, the Fire Policy
Committee and Board will consider mitigating and aggravating circumstances
including, but not limited to the following:
(A) When the misconduct occurred in relation to the
fire service professional’s or instructor’s service as a fire service
professional or instructor (i.e., before, during, after);
(B) Whether the fire service professional or instructor
served time in prison/jail; and if so, the length of incarceration;
(C) Whether restitution was ordered, and if so, whether
the fire service professional or instructor met all obligations;
(D) Whether the fire service professional or instructor
has ever been on parole or probation. If so, the date on which the parole or
probation period expired or is set to expire;
(E) Whether the fire service professional or instructor
has more than one conviction and if so, over what period of time;
(F) Whether the misconduct involved domestic violence;
(G) Whether the fire service professional or instructor
self reported the misconduct;
(H) Whether the conduct involved dishonesty, fraud,
deceit, or misrepresentation;
(I) Whether the conduct was prejudicial to the
administration of justice;
(J) Whether the conduct adversely reflects on the
fitness of the fire service professional or instructor to perform as a fire
service professional or instructor; and
(K) Whether the conduct makes the fire service
professional or instructor otherwise unfit to render effective service because
of the agency’s or public’s loss of confidence that the fire service
professional or instructor possesses the core values integral to the fire
service profession.
(L) What the fire service professional’s or
instructor’s physical or emotional condition was at the time of the conduct.
(e) Initiation of Proceedings: Upon determination that
the reason for denial or revocation is supported by factual data meeting the
statutory and administrative rule requirements, a contested case notice will be
prepared.
(f) Contested Case Notice: The “Contested Case Notice”
will be prepared in accordance with OAR 137-003-0001 of the Attorney General’s
Model Rules of Procedure adopted under 259-005-0015. The Department will have a
copy of the notice served on the fire service professional or instructor.
(g) Response Time:
(A) A party who has been served with a “Contested Case
Notice of Intent to Deny Certification” has 60 days from the date of mailing or
personal service of the notice in which to file with the Department a written
request for a hearing.
(B) A party who has been served with a “Contested Case
Notice of Intent to Revoke Certification” has 20 days from the date of mailing
or personal service of the notice in which to file with the Department a
written request for a hearing.
(h) Default Order: If a timely request for a hearing is
not received, the Contested Case Notice will become a final order revoking or
denying certification pursuant to OAR 137-003-0645.
(i) Hearing Request: When a request for a hearing is
received in a timely manner, the Department will refer the matter to the Office
of Administrative Hearings in accordance with OAR 137-003-0515.
(j) Proposed Order. The assigned Administrative Law
Judge will prepare Findings of Fact, Conclusions of Law and Proposed Final
Order and serve a copy on the Department and on each party.
(k) Exceptions and Arguments: A party must file
specific written exceptions and arguments with the Department no later than 14
days from date of service of the Findings of Fact, Conclusions of Law, and
Proposed Final Order.
(A) The Department may extend the time within which the
exceptions and arguments must be filed upon a showing of good cause.
(B) When the exceptions and arguments are filed, the
party making the exceptions and arguments must serve a copy on all parties of
record in the case and provide the Department with proof of service. A failure
to serve copies and provide proof of service will invalidate the filing of
exceptions and arguments as being untimely, and the Department may disregard
the filing in making a final determination of the case.
(l) Final Order: A final order will be issued pursuant
to OAR 137-003-0070 if a fire service professional or instructor fails to file
exceptions and arguments in a timely manner.
(m) Stipulated Order Revoking Certification: The
Department may enter a stipulated order revoking the certification of a fire
service professional or instructor upon the person’s voluntary agreement to
terminate an administrative proceeding to revoke a certification, or to
relinquish a certification under the terms and conditions outlined in the
stipulated order.
Appeals, Reapplication, and
Eligibility Determinations.
(8) Appeal Procedure. A fire service professional or
instructor, aggrieved by the findings and Order of the Department may, as
provided in ORS 183.480, file an appeal with the Court of Appeals from the
final Order of the Department.
(9) Reapplication Process.
(a) Any fire service professional or instructor whose
certification has been denied or revoked under section (4) of this rule for
discretionary disqualifying misconduct may reapply for certification within the
applicable timeframes described in (4) and (5) of this rule.
(b) Any fire service professional or instructor whose
certification has been denied or revoked based on discretionary disqualifying
misconduct may not reapply for certification until:
(A) The initial minimum period of ineligibility stated
in an Order of the Department denying or revoking certification has been
satisfied;
(i) If the initial period of ineligibility for the
individual was for a period of less than the maximum period identified in
section (4) of this rule, and the Board determines that an individual must
remain ineligible to apply for certification, then the individual may not
reapply for certification under the provisions of this rule until the maximum
initial period of ineligibility identified in (5) of this rule has been
satisfied.
(ii) If the individual has satisfied the maximum
initial period of ineligibility and the Board determines that an individual
must remain ineligible to apply for certification, then the individual may not
submit any further requests for an eligibility determination, and the original
denial or revocation remains permanent.
(B) A written request for an eligibility determination
has been submitted to the Department and the Fire Policy Committee has
recommended that a fire service professional’s or instructor’s eligibility to
apply for fire service or instructor certification be restored and the Board
has upheld the recommendation;
(i) A request for an eligibility determination should
include documentation or information that supports the public safety
professional’s or instructor’s request for eligibility to apply for
certification.
(ii) In considering a request for an eligibility
determination, the Fire Policy Committee and the Board may consider mitigating
and aggravating circumstances identified in Section (7)(d) of this rule.
(iii) After reviewing a written request for an eligibility
determination, the Board, through the Fire Policy Committee, may determine that
the individual’s eligibility to apply for certification be restored if the
criteria for certification have been met; or determine that the factors that
originally resulted in denial or revocation have not been satisfactorily
mitigated and the individual must remain ineligible to apply for certification.
(C) The fire service professional or instructor is
employed or utilized by a fire service agency; and
(D) All requirements for certification have been met.
[ED. NOTE: Tables referenced are
available from the agency.]
Stat. Auth.: ORS 181.640, 181.661,
181.662, 181.664 & 183.341
Stats. Implemented: ORS 181.640,
181.661, 181.662 & 181.664
Hist.: BPSST 22-2002, f. &
cert. ef. 11-18-02; DPSST 3-2008, f. & cert. ef. 1-15-08; DPSST 7-2009, f.
& cert. ef. 7-13-09; DPSST 7-2010, f. 7-15-10, cert. ef. 8-1-10; DPSST
1-2011, f. 2-24-11, cert. ef. 4-1-11
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, 2010.
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