Oregon Bulletin
Rule Caption: Changes agency responsibility to ensuring administration of read/write test;
Clarify physician; Reorganize for clarity.
Adm. Order No.: DPSST 14-2011
Filed with Sec. of State: 9-26-2011
Certified to be Effective: 10-1-11
Notice Publication Date: 9-1-2011
Rules Amended: 259-008-0010, 259-008-0011
Subject: Changes the hiring agency’s responsibility from
administering a 12th grade reading or writing test to ensuring that an
appropriate test was administered allowing agencies to accept scores of
DPSST-approved tests that were administered by other agencies.
The
requirement for telecommunicators and emergency medical dispatchers to report
criminal convictions was removed from OAR 259-008-0010 (Minimum Standards for
Employment as a Law Enforcement Officer) and added to OAR 259-008-0011 (Minimum
Standards for Employment as a Telecommunicator and Emergency Medical
Dispatcher) for consistency.
Allows
for “licensed health care providers” to sign F2-T Medical Examinations.
Rules Coordinator: Linsay Hale—(503) 378-2431
259-008-0010
Minimum
Standards for Employment as a Law Enforcement Officer
(1)
Citizenship.
(a) A
person may not be employed as a corrections officer for more than one year
unless the person is a citizen of the United States.
(b) A
person may not be employed as a police or parole and probation officer for more
than 18 months unless the person is a citizen of the United States.
(2) Age. No
law enforcement unit in this state may employ any person under the age of 21
years as a police officer, corrections officer or parole and probation officer.
(3)
Fingerprints. On or within 90 days prior to the date of employment, each
police, corrections, or parole and probation officer must be fingerprinted on
standard applicant fingerprint cards. The hiring agency is responsible for
fingerprinting and must forward two (2) cards to the Oregon State Police
Identification Services Section for processing and assignment of identification
number.
(a)
Applicant’s fingerprints will be retained and kept on file with the Oregon
State Police Identification Services Section.
(b) The
Oregon State Police Identification Services Section will notify the Department
and the employing agency of any criminal record disclosed through processing the
applicant’s fingerprint card.
(c) If any
procedural change is made by either the Federal Bureau of Investigation or the
Oregon State Police Identification Services Section the Department must comply
with the most current requirements.
(d) If the
fingerprint clearance has not been obtained prior to submission of the
application for certification, a criminal history affidavit provided by the
Department must be completed and returned to the Department by the applicant
pending fingerprint clearance.
(4) Criminal
Records. No police, corrections, or parole and probation officer may have been
convicted:
(a) In this
state or any other jurisdiction, of a crime designated under the law where the
conviction occurred as being punishable as a felony or as a crime for which a
maximum term of imprisonment of more than one (1) year may be imposed;
(b) Of
violating any law involving the unlawful use, possession, delivery, or
manufacture of a controlled substance, narcotic, or dangerous drug;
(c) In this
state of violating any law subject to denial or revocation as identified in OAR
259-008-0070 or has been convicted of violating the statutory counterpart of
any of those offenses in any other jurisdiction.
(5)
Notification of Conviction:
(a) A law
enforcement officer or instructor who is convicted of a crime, as identified in
OAR 259-008-0070, while employed by a public or private safety agency must
notify the agency head within 72 hours of the conviction.
(b) When an
agency receives notification of a conviction from its employee, or another
source, they must notify the Department within five (5) business days. The
notification to the Department must be in writing and include the specific
charges of the conviction, the county and state where the conviction occurred,
the investigating agency and the date of the conviction.
(6) Moral
Fitness (Professional Fitness). All law enforcement officers must be of good
moral fitness. For purposes of this standard, lack of good moral fitness
includes, but is not limited to:
(a)
Mandatory disqualifying misconduct as described in OAR 259-008-0070(3); or
(b)
Discretionary disqualifying misconduct as described in OAR 259-008-0070(4).
(7)
Education:
(a)
Applicants for the position of a law enforcement officer will be required to
furnish documentary evidence of one of the following:
(A) High
School diploma;
(B)
Successful completion of the General Educational Development (GED) Test; or
(C) A
four-year, post-secondary degree issued by an accredited, degree-granting
college or university recognized by the Oregon Office of Degree Authorization
under the provisions of ORS 348.604.
(i) For the
purpose of determining high school graduation level as required by these rules,
the applicant must have achieved a score no less than that required by the
Oregon Board of Education before issuing an Oregon GED certificate.
(ii)
Applicants holding a GED from another state may be required to obtain an Oregon
certificate at the discretion of the Department.
(b)
Evidence of the above must consist of official transcripts, diplomas, or GED
test report forms. Other documentation may be accepted, at the discretion of
the Department.
(c) Reading
and Writing Standard. Before beginning basic police training, challenging basic
police training, or beginning the police career officer development course,
each applicant must provide evidence to DPSST that the applicant has attained a
minimum of a 12th grade reading and writing level in the English language.
(A) The
hiring agency is responsible for ensuring a Department-approved reading and
writing test has been administered. The hiring agency must forward the results
of the test to the Department on a Form F-5 (Application for Training) prior to
the applicant being admitted to basic police training.
(B)
Individuals submitting transcripts verifying that they possess at least a
four-year academic degree from an institution recognized by the Department
under the provisions of OAR 259-008-0045 are exempt from completing the 12th
grade reading/writing test prior to attending a course identified in this
section.
(8)
Physical Examination. All law enforcement officers and applicants must be
examined by a licensed physician or surgeon.
(a) The
medical examination must be completed not more than 180 days prior to initial
offer of employment, nor more than 90 days after initial offer of employment,
and must conform to applicable standards of the Americans with Disabilities Act
(ADA). Title 42 USC 12101.
(b)
Individuals who have had a successfully completed physical examination (while
at the same employer) and are selected for a certifiable position in a
discipline in which the individual is not yet certified must complete and pass
a new physical examination.
(c) Except
as provided in (e) below, the Department will not require a new physical
examination when a law enforcement officer obtains employment, or
re-employment, in the same discipline if the officer:
(A) Has had
a successfully completed a physical examination, and
(B) Is
currently certified; or
(C) Is an
officer currently employed full-time in another jurisdiction who has
successfully completed a comparable physical examination in that jurisdiction.
(d)
Notwithstanding subsection (c), a medical examination may be required by a
hiring agency at its discretion.
(e)
Notwithstanding subsection (c), any law enforcement officer who is separated
from employment for a reason related to a physical inability to perform an
essential task of a law enforcement officer must successfully complete a physical
examination prior to obtaining re-employment in a certifiable position or
applying for certified retired officer status.
(f) Police,
Corrections, and Parole and Probation applicants must meet the following
criteria:
(A) Visual
Acuity. Corrected vision must be at least 20/30 (Snellen) in each eye. Due to
the demonstrated likelihood of dislodgment or breakage, candidates who are able
to wear only glasses with frames must meet an uncorrected standard not worse
than 20/100 (Snellen) in each eye. Those candidates who use soft contact lenses
(SCLs) must have vision correctable to at least 20/30 in each eye, with no
uncorrected standard, provided the employing agency will monitor compliance.
Replacement glasses or lenses (as appropriate) must be on the person or readily
available at all times during each work shift.
(B) Color
Vision. Red or green deficiencies may be acceptable, providing the applicant
can read at least nine (9) of the first thirteen
(13) plates
of the Ishihara Test (24 Plate Edition). Applicants who fail the Ishihara test
can meet the color vision standard by demonstrating that they can correctly
discriminate colors via a field test conducted by the employer and approved by
DPSST.
(C) Depth
Perception. Depth Perception must be sufficient to demonstrate stereopsis
adequate to perform the essential tasks of the job. The recommended test is the
Random Stereo Test with 60 seconds of arc.
(D)
Peripheral Vision. Visual Field Performance must be 140 degrees in the horizontal
meridian combined.
(E) Night
Blindness. A history of night blindness should be evaluated to determine
applicant’s capacity to perform essential tasks at night or in dark or low
light settings.
(g)
Applicants for the position of police or corrections officer must have
sufficient hearing in both ears to perform essential tasks without posing a
direct threat to themselves or others. The applicant must have no average loss
greater than 25 decibels (db) at the 500, 1,000, 2,000 and 3,000-Hertz levels
in either ear with no single loss in excess of 40 db.
(h)
Applicants for the position of parole and probation officer must have
sufficient hearing in both ears to perform essential tasks without posing a
direct threat to themselves or others. The applicant must have no average loss
greater than 35 decibels (db) at the 500, 1000, 2000, and 3000 Hertz levels in
either ear with no single loss in excess of 45 db.
(i) If
amplification device(s) is (are) necessary to meet the criteria in (g) or (h)
above, or if applicant cannot meet the above criteria and wishes to pursue
application, applicant must:
(A) Obtain
a hearing evaluation by a licensed audiologist or otorhinolaryngologist (ear,
nose, throat) to determine current hearing aid requirement; and
(B) Achieve
a Speech Reception Threshold (SRT) of no greater than 25 db for each ear;
(C) Police,
corrections and parole and probation officers must achieve a Speech
Discrimination test score of no less than 90% utilizing a standard 50-word
presentation at 60 db Hearing Threshold Level (HTL). The Department may require
an applicant to have another examination by a licensed audiologist or
otorhinolaryngologist (ear, nose, and throat) designated by the Department to
verify that the applicant’s hearing meets the Board’s minimum hearing standard.
The verification examination will be at the expense of the applicant or the
applicant’s employing agency. The equipment utilized for all of these
evaluations must be calibrated annually using current ANSI standards.
(D) Hearing
amplification devices used to meet the hearing standard must be the type that
protects the applicant from further hearing degradation due to amplification of
loud sounds.
(j)
Applicants for the position of police, corrections, or parole and probation officer
must be able to use vocal chords and have significant speaking ability to
perform speaking-related essential tasks. For police and corrections officers
abnormalities of the nose, throat or mouth must not interfere with the
applicant’s breathing or proper fitting of gas mask or similar device.
(k)
Applicants for the position of police, corrections, or parole and probation
officer who have a history of organic cardio-vascular disease or a finding
during the medical examination of organic cardio-vascular disease will
necessitate further medical evaluation.
(A) Resting
blood pressure must be less than or equal to 140 mmHg systolic and 90 mmHg
diastolic on three successive readings.
(B)
Applicants must not have a functional and therapeutic cardiac classification
greater than the Heart Association’s Class A.
(C) Failure
to meet guidelines (k), (A) and (B) will require further medical evaluation.
(D) If the
applicant has controlled hypertension not exceeding the above standards and is
on medication with side effect profiles, which do not interfere with
performance of duty, then the condition may not be excludable.
(E)
Functional Capacity I patients with cardiac disease may not be excludable, if
they have no limitations of physical activity and ordinary physical activity
does not cause discomfort and they do not have symptoms of cardiac
insufficiency, nor experience angina pain.
(F)
Therapeutic Classification A patients with cardiac disease, whose physical
activity is restricted, should be evaluated thoroughly.
(G) If
further medical examination is required under (k), it will be at the expense of
the applicant or hiring authority.
(l) All law
enforcement applicants must submit a current-version DPSST Medical Examination
Report (DPSST Form F2), or a medical report completed by a licensed physician
containing at a minimum the information on Form F2 and a signed statement by
the examining physician that the applicant does not have any condition,
physical, mental, or emotional, which, in his/her opinion, suggests further
examination. This Report will be furnished to the examining physician by the
hiring agency. The physician must indicate that the applicant is or is not
physically able to perform the duties of a law enforcement officer as
prescribed by DPSST.
(m) A copy
of the Medical Examination Report must be sent to the Department prior to
acceptance into a basic course, or any course where such report is required by
the Department.
(n) The
Department may require an applicant offered conditional employment to take a
subsequent examination by a licensed physician of the Department’s choice at
the expense of the applicant or the hiring authority.
(o) The
Board may waive any physical requirement where, in its judgment, the waiver
would not be detrimental to the performance of an officer’s duties, including
the protection of the public and the safety of co-workers. The applicant may be
required to demonstrate the ability to perform the essential functions of the
job.
(p) A
person or department head requesting a waiver of any physical requirement set
forth in section (8) of this rule shall submit the request to the Department in
writing, accompanied by supporting documents or pertinent testimony which would
justify the action requested. The supporting documents must include information
pertinent to the waiver request. The Board or Department may require additional
documentation or testimony by the person or department head requesting the
waiver if clarification is needed. Any expense associated with providing documentation
or testimony will be borne by the person requesting the waiver or the
requesting agency. If the person requesting the waiver does not obtain
employment within one (1) year from the date a waiver is granted, the waiver
will be considered void.
(A) If the
Board grants a waiver, it will be recorded on the certification and any
subsequent certification unless removed by the Board upon proof that the
condition prompting the waiver no longer exists.
(B) If the
Board denies a request for a waiver of any physical requirement set forth in
section (8) of this rule, the Department will issue Notice and proceed as
provided in section (9) of this rule.
(9)
Contested Case Hearing Process for denial of waiver.
(a)
Initiation of Proceedings: Upon determination that the reason for denial of a
waiver is supported by factual data meeting the statutory and administrative
rule requirements, a contested case notice will be prepared.
(b)
Contested Case Notice: The “Contested Case Notice” will be prepared in
accordance with 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
public safety professional or individual.
(c)
Response Time: A party who has been served with a “Contested Case Notice” 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.
(d) Default
Order: If a timely request for a hearing is not received, the Contested Case
Notice will become a final order denying the requested waiver.
(e) 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.
(f)
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.
(g)
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.
(h) Final
Order: The Department will issue a final order if a public safety professional
or individual fails to file exceptions and arguments in a timely manner.
[ED. NOTE:
Forms referenced are available from the agency.]
Stat.
Auth.: ORS 181.640, 181.644, 183.341
Stats.
Implemented: ORS 181.640, 181.644, 183.341
Hist.: PS
12, f. & ef. 12-19-77; PS 1-1981, f. 9-26-81, ef. 11-2-81; PS 1-1983, f.
& ef. 12-15-83; PS 1-1985, f. & ef. 4-24-85; PS 1-1987, f. & ef.
10-26-87; Renumbered from 259-010-0015, PS 1-1990, f. & cert. ef. 2-7-90;
PS 2-1995, f. & cert. ef. 9-27-95; PS 2-1996, f. 5-15-96, cert. ef.
5-20-96; PS 4-1997, f. 3-20-97, cert. ef. 3-25-97; 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 1-1999, f. & cert. ef. 3-9-99; BPSST 9-2000, f. 11-13-00,
cert. ef. 11-15-00; BPSST 3-2001, f. & cert. ef. 8-22-01; BPSST
12-2001(Temp), f. & cert. ef. 10-26-01 thru 4-5-02; BPSST 5-2002(Temp), f.
4-3-02, cert. ef. 4-6-02 thru 8-1-02; BPSST 16-2002, f. & cert. ef.
7-5-2002; BPSST 20-2002, f. & cert. ef. 11-21-02; DPSST 3-2003, f. &
cert. ef. 1-22-03; DPSST 6-2003, f. & cert. ef. 4-11-03; DPSST 8-2003, f.
& cert. ef. 4-18-03; DPSST 14-2003, f. & cert. ef. 12-22-03; DPSST 3-2006,
f. & cert. ef. 2-28-06; DPSST 12-2006, f. & cert. ef. 10-13-06; DPSST
10-2007, f. & cert. ef. 10-15-07; DPSST 13-2007(Temp), f. & cert. ef.
11-1-07 thru 4-18-08; DPSST 1-2008(Temp), f. & cert. ef. 1-15-08 thru
4-18-08; DPSST 4-2008, f. & cert. ef. 4-15-08; DPSST 21-2008, f. 12-15-08,
cert. ef. 1-1-09; DPSST 10-2009, f. & cert. ef. 9-21-09; DPSST 9-2011, f.
& cert. ef. 6-28-11; DPSST 14-2011, f. 9-26-11, cert. ef. 10-1-11
259-008-0011
Minimum
Standards for Employment as a Telecommunicator and Emergency Medical Dispatcher
(1) Fingerprints.
On or before the date of employment, each telecommunicator and emergency
medical dispatcher must be fingerprinted on standard applicant fingerprint
cards.
(a) The
hiring agency, if a public agency, is responsible for fingerprinting and will
forward two (2) cards to the Oregon State Police Identification Services
Section for processing and assignment of identification number.
(b) If the
hiring agency is a private agency it is responsible for fingerprinting and will
forward two (2) cards to the Department along with the appropriate fee.
(A)
Applicant’s fingerprints will be retained and kept on file with the Oregon
State Police Identification Services Section.
(B) The
Oregon State Police Identification Services Section will notify the Department and
the employing agency of any criminal record disclosed through processing the
applicant’s fingerprint card.
(C) If any
procedural change is made by either the Federal Bureau of Investigation or the
Oregon State Police Identification Services Section, the Department will comply
with the most current requirements.
(D) If the
fingerprint clearance has not been obtained prior to submission of the
application for certification, a criminal history affidavit provided by the
Department will be completed and returned to the Department by the applicant
pending fingerprint clearance.
(2)
Criminal Records. No telecommunicator or emergency medical dispatcher will have
been convicted:
(a) In this
state or any other jurisdiction, of a crime designated under the law where the
conviction occurred as being punishable as a felony or as a crime for which a
maximum term of imprisonment of more than one (1) year may be imposed;
(b) Of
violating any law involving the unlawful use, possession, delivery, or
manufacture of a controlled substance, narcotic, or dangerous drug;
(c) In this
state of violating any law subject to denial or revocation as identified in OAR
259-008-0070 or has been convicted of violating the statutory counterpart of
any of those offenses in any other jurisdiction.
(3)
Notification of Conviction:
(a) A
telecommunicator or emergency medical dispatcher who is convicted of a crime as
identified in OAR 259-008-0070 while employed by a public or private public
safety agency must notify the agency head within 72 hours of conviction.
(b) When an
agency receives notification of a conviction from its employee or another
source, they must notify the Department within five (5) business days. The
notification to the Department must be in writing and include the specific
charges of the conviction, the county and state where the conviction occurred,
the investigating agency and the date of conviction.
(4) Moral
Fitness (Professional Fitness). All telecommunicators and emergency medical
dispatchers must be of good moral fitness. For purposes of this standard, lack
of good moral fitness includes, but is not limited to:
(a)
Mandatory disqualifying misconduct as described in OAR 259-008-0070(3); or
(b)
Discretionary disqualifying misconduct as described in OAR 259-008-0070(4).
(5)
Education:
(a)
Applicants for the position of a telecommunicator or emergency medical
dispatcher will be required to furnish documentary evidence of one of the
following:
(A) High
School diploma;
(B)
Successful completion of the General Educational Development (GED) Test; or
(C) A
four-year, post-secondary degree issued by a degree-granting college or
university accredited by a recognized national or regional accrediting body, or
recognized by the Oregon Office of Degree Authorization under the provisions of
ORS 348.604.
(i) For the
purpose of determining high school graduation level as required by these rules,
the applicant must have achieved a score no less than that required by the
Oregon Board of Education before issuing an Oregon GED certificate.
(ii)
Applicants holding a GED from another state may be required to obtain an Oregon
certificate at the discretion of the Department.
(b)
Evidence of the above must consist of official transcripts, diplomas, or GED
test report forms. Other documentation may be accepted, at the discretion of
the Department.
(6) Reading
Standard. Before beginning basic telecommunicator or Emergency Medical
Dispatcher (EMD) training or challenging basic telecommunicator training, each
applicant must provide evidence to DPSST that the applicant has attained a
minimum of a 12th grade reading level in the English language.
(a) The
hiring agency is responsible for ensuring a Department-approved reading test
has been administered. The hiring agency must forward the results of the test
to the Department on a Form F-5 (Application for Training) prior to the
applicant being admitted to basic telecommunicator or EMD training.
(b)
Individuals submitting transcripts verifying that they possess at least a
four-year academic degree from an institution recognized by DPSST under the
provisions of OAR 259-008-0045 are exempt from completing the 12th grade
reading test prior to attending a course identified in this section.
(7)
Physical Examination. All Telecommunicators and Emergency Medical Dispatcher
applicants must be examined by a licensed health professional.
(a) The
medical examination must be completed not more than 180 days prior to initial
offer of employment, and not more than 90 days after the initial offer of
employment.
(b) The
examination must conform to applicable standards of the Americans with
Disabilities Act (ADA). Title 42 USC 12101.
(c)
Individuals who have had a successfully completed a physical examination (while
at the same employer) and are selected for a certifiable position in a
discipline in which the individual is not yet certified must complete and pass
a new physical examination.
(d) The
Department will not require a new physical examination when a Telecommunicator
or Emergency Medical Dispatcher obtains employment or re-employment in the same
discipline if the Telecommunicator or Emergency Medical Dispatcher:
(A) Has had
a successfully completed a physical examination, and
(B) Is
currently certified; or
(C) Is
currently employed full-time in another jurisdiction and has successfully
completed a comparable physical examination in that jurisdiction.
(e)
Notwithstanding subsection (d), a medical examination may be required by a
hiring agency at its discretion.
(f)
Telecommunicator and Emergency Medical Dispatcher applicants must meet the
following criteria:
(A) Visual
Acuity. Corrected vision must be at least 20/30 (Snellen) when tested using
both eyes together.
(B) Color
Vision. Red or green deficiencies may be acceptable, providing the applicant
can read at least nine (9) of the first thirteen (13) plates of the Ishihara
Test (24 Plate Edition). Applicants who fail the Ishihara test can meet the
color vision standard by demonstrating that they can correctly discriminate
colors via a field test conducted by the employer and approved by DPSST. The
results of the field test and the methods for testing must be maintained by the
employing agency.
(i) Any
employing agency that conducts a field test to meet the color vision standard
must also complete a Department approved affidavit attesting that the applicant
can either correctly discriminate colors or is able to successfully perform the
required tasks of a Telecommunicator or Emergency Medical Dispatcher,
notwithstanding the applicant’s inability to correctly discriminate colors.
(ii) Any
affidavit required by (i), that the Department receives and accepts, is
non-transferable to any subsequent employer and may not be used by any other
entity for certification purposes.
(iii)
Notwithstanding subsection (d) of this rule, each employer must complete an
agency-specific field test and a Department approved affidavit as described in
subsection (i) of this section for any Telecommunicator or Emergency Medical
Dispatcher who previously met the color vision standard by completing a field
test.
(C)
Peripheral Vision. Visual Field Performance must be 120 degrees in the
horizontal meridian combined.
(g) Applicants
for the position of Telecommunicator or Emergency Medical Dispatcher must have
sufficient hearing in both ears to perform essential tasks without posing a
direct threat to themselves or others. The applicant must meet National
Emergency Number Association (NENA) hearing standard 54-002 (June 10, 2006).
(h)
Applicants for the position of Telecommunicator or Emergency Medical Dispatcher
must be able to use vocal cords and exhibit normal speech patterns, sufficient
to perform speaking-related essential tasks.
(8) If
further medical examination is required, it will be at the expense of the
applicant or the hiring authority.
(9) All
Telecommunicator and Emergency Medical Dispatcher applicants must submit a
current-version Medical Examination Report for Telecommunicators and Emergency
Medical Dispatchers (DPSST Form F-2T) or a signed medical report completed by a
licensed health professional identified by the Department containing, at a
minimum, the information on Form F-2T prior to the acceptance into a basic
course or any course where such a report is required by the Department. The
Form F-2T will be furnished to the examining health professional by the hiring
agency.
(10) The
Department may require an applicant offered conditional employment to take a subsequent
examination by a licensed physician of the Department’s choice at the expense
of the applicant or the hiring authority.
(11) The
Board may waive any physical requirement where, in its judgment, the waiver
would not be detrimental to the performance of a Telecommunicator or Emergency
Medical Dispatcher’s duties. The applicant may be required to demonstrate the
ability to perform the essential functions of the job.
(12) A
person or department head requesting a waiver of any physical requirement set
forth in section (11) of this rule must submit the request to the Department in
writing, accompanied by supporting documents or pertinent testimony which would
justify the action requested. The supporting documents must include information
pertinent to the waiver request.
(a) The
Board or Department may require additional documentation or testimony by the
person or department head requesting the waiver if clarification is needed.
(b) Any
expense associated with providing documentation or testimony will be borne by
the person requesting the waiver or the requesting agency.
(c) If the
person requesting the waiver does not obtain employment within one (1) year
from the date a waiver is granted, the waiver will be considered void.
(d) If the
Board grants a waiver, it will be recorded on the certification and any
subsequent certification unless removed by the Board upon proof that the
condition prompting the waiver no longer exists.
(e) If the
Board denies a request for a waiver of any physical requirement set forth in
section (7) of this rule, the Department will issue Notice and proceed as
provided in section (13) of this rule.
(13)
Contested Case Hearing Process for denial of waiver.
(a)
Initiation of Proceedings: Upon determination that the reason for denial of a
waiver is supported by factual data meeting the statutory and administrative
rule requirements, a contested case notice will be prepared.
(b)
Contested Case Notice: The “Contested Case Notice” will be prepared in
accordance with 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
public safety professional or individual.
(c)
Response Time: A party who has been served with a “Contested Case Notice” 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.
(d) Default
Order: If a timely request for a hearing is not received, the Contested Case
Notice will become a final order denying the requested waiver.
(e) 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.
(f)
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.
(g)
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.
(h) Final
Order: The Department will issue a final order if a public safety professional
or individual fails to file exceptions and arguments in a timely manner.
[ED. NOTE:
Forms referenced are available from the agency.]
Stat.
Auth.: ORS 181.640, 181.644 & 183.341
Stats.
Implemented: ORS 181.640, 181.644 & 183.341
Hist.:
BPSST 1-2002, f. & cert. ef. 2-6-02; DPSST 1-2004, f. 1-16-04, cert. ef.
1-20-04; DPSST 5-2004, f. & cert. ef. 4-23-04; DPSST 3-2007, f. & cert.
ef. 1-12-07; DPSST 10-2007, f. & cert. ef. 10-15-07; DPSST 5-2008, f. &
cert. ef. 4-15-08; DPSST 21-2008, f. 12-15-08, cert. ef. 1-1-09; DPSST 6-2009,
f. & cert. ef. 7-13-09; DPSST 9-2010(Temp), f. & cert. ef. 10-15-10
thru 4-12-11; DPSST 13-2010, f. & cert. ef. 12-23-10; DPSST 9-2011, f.
& cert. ef. 6-28-11; DPSST 14-2011, f. 9-26-11, cert. ef. 10-1-11
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 |