Loading

Oregon Bulletin

July 1, 2011

 

Department of Public Safety Standards and Training
Chapter 259

Rule Caption: Amends rule to reflect current contested case procedures as prescribed by the Administrative Procedures Act.

Adm. Order No.: DPSST 5-2011(Temp)

Filed with Sec. of State: 6-13-2011

Certified to be Effective: 6-13-11 thru 12-1-11

Notice Publication Date:

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

259-020-0031

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 requirements.

(b) If the issues of the complaint do not meet the statutory and administrative rule requirements, the Department will so notify the citizen.

(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 being affected.

(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 Department.

(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 Department.

(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 Department.

(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 thru 12-1-11

 

Rule Caption: Decrease private security licensing and certification fees.

Adm. Order No.: DPSST 6-2011(Temp)

Filed with Sec. of State: 6-14-2011

Certified to be Effective: 7-1-11 thru 12-1-11

Notice Publication Date:

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

259-060-0500

License Fees

(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 Department.

(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 designated staff.

(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.

2.) Copyright 2011 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​