Department of Public Safety Standards and Training Chapter 259
Caption: Amends rule to reflect current
contested case procedures as prescribed by the Administrative Procedures Act.
Order No.: DPSST 5-2011(Temp)
Filed with Sec. of
Certified to be
Effective: 6-13-11 thru 12-1-11
Rules Amended: 259-020-0031
Subject: This temporary rule updates the contested case
procedures for complaints, denials, suspensions, and revocation of polygraph
examiner’s and trainee’s licensure to reflect the procedures prescribed by the
Administrative Procedures Act.
Rules Coordinator: Linsay Bassler—(503) 378-2431
Procedure for Complaints, Denial,
Suspension or Revocation
(1) The Department may deny, revoke, or suspend any
polygraph examiner or trainee license after written notice and a hearing, if
requested, based upon a violation of any provision of The Act.
(2) Citizen request: When a citizen submits a complaint
on any polygraph examiner or trainee license to the Department, including the
basis for the complaint and all factual information supporting the complaint,
it will be the responsibility of the Polygraph Licensing Advisory Committee to
review and investigate the complaints and make a recommendation to the Director
on all allegations against the licensed polygraph examiner or trainee.
(a) The Director will review the complaint, the
Committee recommendation, and the supporting factual information to determine
if the complaint and recommendation meet statutory and administrative rule
(b) If the issues of the complaint do not meet the
statutory and administrative rule requirements, the Department will so notify
(c) If the complaint and the Committee recommendation
meets statutory and administrative rule requirements, but are not supported by
adequate factual information, the Department may request further information
from the requesting citizen or Polygraph Licensing Advisory Committee.
(d) The Department may choose to conduct its own
investigation of the matter separate from, or in conjunction with, that of the
Polygraph Licensing Advisory Committee.
(3) Initiation of Proceedings: Upon determination that
the reason for denial, suspension, or revocation is supported by factual data
meeting the statutory and administrative rule requirements, a contested case
notice will be prepared.
(4) Contested Case Notice: The “Contested Case Notice”
will be prepared in accordance with the applicable provisions of the Attorney
General’s Model Rules of Procedure adopted under OAR 259-005-0015. The
Department will have a copy of the Notice served on the person whose license is
(5) Response Time:
(a) If the Department is seeking denial, a party who
has been served with the “Contested Case Notice of Intent to Deny Licensure”
will have 60 calendar days from the date of the mailing or personal service of
the notice in which to file a written request for a hearing with the
(b) If the Department is seeking revocation, a party
who has been served with the “Contested Case Notice of Intent to Revoke
Licensure” will have 20 days from the date of the mailing or personal service
of the notice in which to file a written request for a hearing with the
(c) If the Department is seeking suspension, a party
who has been served with the “Contested Case Notice of Intent to Suspend
Licensure” will have 10 calendar days from the date of the mailing or personal
service of the notice in which to file a written request for a hearing with the
(6) Default Order: If a timely request for a hearing is
not received, the Contested Case Notice will become a final order denying,
revoking, or suspending licensure pursuant to OAR 137-003-0672.
(7) Stipulated Order Revoking Licensure: The Department
may enter a stipulated order revoking the licensure of a polygraph examiner or
trainee upon the person’s voluntary agreement to terminate an administrative
proceeding to revoke licensure, or to relinquish licensure, under the terms and
conditions outlined in the stipulated order.
Stat. Auth.: ORS 703.230
Stats. Implemented: ORS 703.230
Hist.: PS 3-1987, f. & ef. 10-26-87; PS 1-1990, f. & cert. ef.2-7-90;
PS 2-1995, f. & cert. ef.9-27-95; PS
10-1997(Temp), f. & cert. ef.11-5-97; BPSST
1-1998, f. & cert. ef.5-6-98; BPSST 2-1998(Temp),
f. & cert. ef.5-6-98 thru 6-30-98; BPSST 3-1998,
f. & cert. ef.6-30-98; BPSST 9-2001, f. &
cert. ef.9-19-01; BPSST 14-2002, f. & cert. ef.7-1-02; DPSST 5-2011(Temp), f. & cert. ef. 6-13-11
Caption: Decrease private security
licensing and certification fees.
Order No.: DPSST 6-2011(Temp)
Filed with Sec. of
Certified to be
Effective: 7-1-11 thru 12-1-11
Rules Amended: 259-060-0500
Subject: The licensing and certification fees are the primary
revenue source for the private security and private investigator program.
During the 2009-2011 biennium, a permanent rule was approved to increase the
certification and licensing fees to cover a projected budget shortfall. Due to
Oregon’s current economic climate, the Oregon State Legislature voted and
approved a fee decrease for certain private security certificates and licenses
to become effective July 1, 2011.
Rules Coordinator: Linsay Bassler—(503) 378-2431
(1) Payments to the Department are non-refundable, and
must be paid by business check, money order, cashier’s check or credit card. No
personal checks or cash will be accepted.
(2) The Department will charge the following fees:
(a) The fee of $65 for the issuance of each two-year
certification as a private security professional.
(b) Appropriate fees must be submitted with each
application for a fingerprint criminal history check. These fees are to recover
the costs of administering the fingerprint check through the Oregon State
Police and Federal Bureau of Investigation. An additional fee will be charged
for the third submittal of fingerprint cards when rejected for filing by FBI.
Current fee schedules for processing fingerprints may be obtained from the
(c) The fee of $75 for the issuance of a two-year
license as a supervisory manager.
(d) The fee of $250 for the issuance of a two-year
license as an executive manager.
(e) The fee of $90 for the issuance of a two-year
certification as a private security instructor.
(f) The fee of $20 for the issuance of each upgrade,
duplicate or replacement card issued.
(g) The late submission penalty fee of $25 may be added
to the fees for recertification if the provider fails to complete certification
by the expiration date of the license or certificate. If an applicant provides
documented proof, such as payroll data, that he or she has not been employed to
provide private security services since the prior certification or licensure
expired, the late penalty may be waived by the Department’s
(h) In the event a non-sufficient check is received for
payment, an additional $25 administrative fee will be assessed.
Stat. Auth.: ORS 181.878
Stats. Implemented: ORS 181.878
Hist.: PS 1-1997(Temp), f.
2-21-97, cert. ef. 2-24-97; PS 9-1997, f. & cert. ef.8-20-97; PS 10-1997(Temp), f. & cert. ef.11-5-97; BPSST 1-1998, f. & cert. ef.5-6-98;
BPSST 2-1998(Temp), f. & cert. ef.5-6-98 thru
6-30-98; BPSST 3-1998, f. & cert. ef.6-30-98;
BPSST 3-1999(Temp), f. & cert. ef.3-9-99 thru
9-5-99; BPSST 4-1999, f. 4-29-99, cert. ef.9-5-99;
BPSST 3-2000, f. & cert. ef.8-10-00; BPSST
8-2001(Temp), f. & cert. ef.8-22-01 thru 2-18-02;
BPSST 18-2001(Temp), f. & cert. ef.11-28-01 thru
2-18-02; BPSST 4-2002(Temp), f. & cert. ef.2-25-02
thru 7-1-02; BPSST 13-2002, f. & cert. ef.4-30-02;
DPSST 12-2003, f. & cert. ef.7-24-03; DPSST
3-2005(Temp), f. 4-25-05, cert. ef.5-1-05 thru
10-28-05; DPSST 11-2005, f. & cert. ef.10-14-05;
DPSST 6-2006, f. & cert. ef.5-15-06; DPSST
6-2008, f. & cert. ef.4-15-08; DPSST 6-02010(T),
f. 6-14-10, cert. ef.7-1-10 thru 12-27-10; DPSST
12-2010, f. & cert. ef.11-12-10; DPSST
6-2011(Temp), f. 6-14-11, cert. ef. 7-1-1 thru 12-1-11
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.