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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING

 

DIVISION 61

INVESTIGATOR LICENSING STANDARDS AND REGULATIONS

259-061-0005

Definitions

(1) "Administrative Termination" means the Department has stopped the processing of an application due to non-response from applicant or noncompliance with the application requirements or the requirements of these rules."

(2) "Board" means Board on Public Safety Standards and Training.

(3) "Complainant" means any person or group of persons who file(s) a complaint. The Department may, on its own action, initiate a complaint.

(4) "Complaint" means a specific charge filed with the Department that a licensed investigator or candidate thereto, or any person apparently operating as an investigator without a license, has committed an act in violation of ORS Chapter 703 or OAR chapter 259.

(5) "Committee" means the Private Security Policy Committee.

(6) "Continuing Education Guidelines" or "CE Guidelines" refers to the provisions of Oregon Administrative Rule 259-061-0260.

(7) "Department" means the Department of Public Safety Standards and Training.

(8) "Disciplinary Procedure" means all action up to the final resolution of a complaint after the issuance of a "Notice of Intent."

(9) "Educational endeavor that reasonably could be beneficial to the work of the investigator" as used in ORS 703.447(4) means those educational endeavors that are in compliance with the Department's Continuing Education Guidelines, or are approved by the Private Security Policy Committee.

(10) "Employee," as used in ORS 703.401 to 703.490, means a person who is employed lawfully by an employer. The employer controls the performance of that person; pays the salary, unemployment insurance, and worker's compensation insurance; and has sole authority to fire and control work hours and the conditions of work. "Employee" in this context does not include a person engaged as an independent contractor.

(11) "Expired license": A license is considered expired on the date of expiration. A person may not practice as an investigator with an expired license.

(12) "Hours of experience" means documented clock hours.

(13) "Investigatory work" means any work performed in accordance with ORS 703.401(2).

(14) "Licensee" or "Licensed Investigator", as used in OAR 259-061-0005 through 259-061-0260 means a person licensed as an investigator under ORS 703.430.

(15) "Private investigator" is a licensed investigator who has completed a minimum of 1500 documented clock hours of investigatory work experience or an approved course of study or a combination of work and study as approved by the Department.

(16) "Provisional investigator" is a licensed investigator who has completed fewer than 1500 documented clock hours of investigatory work experience, or an approved course of study, or a combination of work and study as approved by the Department; and who may not employ or supervise other investigators. Under 1997 and 1999 editions of governing statute, this type of investigator was referred to as a "Registered Operative."

(17) "Respondent" means an investigator who is a licensee or candidate for licensure, or any person apparently operating as an investigator without a license, against whom a complaint has been filed.

(18) "Stipulated Agreement" means a written agreement entered into between the Department and a respondent.

(19) "Violation" means a violation of Oregon Revised Statutes or Oregon Administrative Rules as they pertain to the licensing requirements of investigators in the state of Oregon.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

259-061-0010

Fees

(1) Payments to the Department are due at the time of application. All payments 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 $79 for the application for licensure as a private investigator. This fee includes the cost of a criminal background check and private investigator examination;

(b) The fee of $550 for the issuance of a two-year license as a private investigator;

(c) The fee of $50 for application of inactive status as described in OAR 259-061-0160;

(d) The fee of $50 for application of reactivation from inactive status as described in OAR 259-061-0170;

(e) The fee of $125 for the issuance of a temporary license as private investigator;

(f) The fee of $550 for the renewal of a two-year private investigator license;

(g) A late submission fee of $25 will be added to the fees for licensure renewal if the private investigator fails to complete the application process by the expiration date of the license; and

(h) The fee of $20 for the issuance of a duplicate or replacement card or license.

(3) In the event a non-sufficient check is received for payment, an additional $25 administrative fee will be assessed.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06; DPSST 1-2013, f. & cert. ef. 1-2-13

259-061-0018

Prohibited Acts

(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.

Stat. Auth.: 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; DPSST 16-2012, f. & cert. ef. 7-2-12

Applications

259-061-0020

Application for Private Investigator Licensure

(1) All applicants for licensure must meet all minimum standards for licensure as described in OAR 259-061-0040.

(2) Applications for new licensure as an investigator must include:

(a) A completed Form PI-1 (Application for Licensure);

(b) A completed fingerprint packet. A fingerprint packet must include a pre-printed FBI fingerprint card and a Form PI-4 (Affidavit of Person Rolling Fingerprints) completed by the person rolling or scanning the fingerprints. The card and form must be enclosed in a tamper-proof bag and sealed by the person who rolled or scanned the fingerprints before the packet is returned to the applicant. The Department will supply pre-printed FBI fingerprint cards and tamper-proof bags;

(A) The Department will only accept fingerprint cards correctly rolled and completed by private or public safety personnel trained to roll or scan fingerprints, or a person who is employed and trained by a private business that provides fingerprinting services.

(B) If a fingerprint card is rejected twice by the Federal Bureau of Investigation (FBI), the applicant will be charged a fee for a third submittal of a fingerprint card.

(c) Proof of a corporate surety bond, an irrevocable letter of credit issued by an Oregon commercial bank as defined in ORS 706.008, or errors and omission insurance in the amount of at least $5,000;

(A) Bonds and letters of credit must have the applicant’s name listed as the principal.

(B) Proof of surety bonds must be submitted on a Department-approved form and will not be valid for the purposes of licensure unless filed with the Department within 60 days of the signature on the bond.

(C) An irrevocable letter of credit submitted to the Department is subject to approval by the Department prior to the issuance of a license.

(D) Errors and Omission insurance must have the applicant’s name listed on the Certificate of Liability or include a letter from the employing agency or insurance company confirming the applicant is covered as an employee.

(d) Two identical, passport-quality photographs for identification;

(A) Photographs must be in color with a solid-colored background and must be a cropped head shot. The applicant’s face must be clearly visible and free from shadows or other obstacles. Photocopies will not be accepted.

(B) The applicant’s head in the photograph must be no be more than 1” wide and 1.25” high.

(C) Photographs must have been taken not more than six months prior to filing of the application for licensure.

(D) Photographs may be submitted to the Department digitally in the format prescribed on the Form PI-1.

(e) A completed Form PI-27 (Investigator Professional Code of Ethics) affirming moral fitness and professional standards; and

(f) Three professional letters of reference, none of which may be from a person who is related to the applicant by blood or marriage.

(g) Proof of a passing score on the Private Investigator Proficiency Exam administered by the Department.

(h) Non-refundable application fees as prescribed by OAR 259-061-0010.

(3) Applications for renewing licensure as an investigator must include:

(a) A Form PI-21 (Investigator Renewal Application) completed in its entirety;

(b) A completed Form PI-6 (Continuing Education Summary.)

(c) Two identical, passport-quality photographs for identification in accordance with subsection (2)(d) of this rule.

(d) A completed Form PI-27 (Investigator Professional Code of Ethics) affirming moral fitness and professional standards; and

(e) Proof of a corporate surety bond, an irrevocable letter of credit issued by an Oregon commercial bank as defined in ORS 706.008, or errors and omission insurance in the amount of at least $5,000 in accordance with this rule; and

(f) Non-refundable renewal application fees as prescribed by OAR 259-061-0010.

(4) Timelines.

(a) A completed application packet must be mailed to the Department and postmarked prior to the applicant performing any investigatory work.

(b) Renewal application documents must be received by the Department within 90 days prior to the expiration date of the licensure to allow for processing of the forms and criminal history check.

(c) A late submission fee will be assessed as prescribed by OAR 259-061-0010 if reapplying after the license expiration date of the licensure.

(d) Applicants renewing their licensure more than 30 days after the expiration date of the original license must submit the following:

(A) A new application packet in accordance with subsection (2) of this rule; and

(B) A Form PI-6.

(5) Applicants for licensure who were previously licensed in Oregon must provide proof of completion of continuing education requirements or a written explanation detailing why continuing education requirements were not met and a written plan detailing how the continuing education will be made up, including a time line. The Department, at its discretion, may accept the plan in place of completed continuing education.

(6) Submission of any false information in connection with an application, supporting documentation or attachments for a license or registration may be grounds for discipline, criminal penalty, or civil penalty.

(7) The Department may administratively terminate the application process, upon written notification to the applicant, for any of the following reasons:

(a) The Department has reason to believe that the applicant has committed an act that constitutes ground for denial of a license as described in OAR 259-061-0040. The termination of an application due to criminal conviction disqualification is subject to the contested case procedures set forth in OAR 259-061-0300;

(b) The application or any required documentation is incomplete or the Department is unable to satisfactorily verify application information due to non-response or non-compliance of the application;

(c) The fingerprint cards of an applicant have been rejected and returned by the Oregon State Police or Federal Bureau of Investigation;

(8) The Department may administratively terminate the application process after exhausting the following efforts:

(a) A letter will be mailed by the Department to the applicant at the last known mailing address identifying the deficiencies in the application process. The applicant will have 21 calendar days from the date of the mailing to notify the Department that the deficiencies are corrected. The Department may extend the time for compliance upon good cause shown by the applicant.

(b) If the Department is unable to determine a current address for the application, or if the applicant does not respond and correct the deficiencies within 21 calendar days, or such additional time authorized by the Department, the Department will list the applicant’s status as “administratively terminated.” The Department will notify the applicant at the last known address that the Department has administratively terminated the application process.

(c) Once the application process has been administratively terminated, the applicant must reapply by submitting a new completed application packet with all deficiencies corrected, including new fees and proof of valid training.

(9) Any exception to the application process found in this rule must be approved by the Department.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06; DPSST 2-2013, f. & cert. ef. 1-2-13; DPSST 14-2013, f. & cert. ef. 6-24-13

259-061-0040

Minimum Standards for Licensure

(1) An applicant for licensure as a private investigator must satisfy all license qualifications pursuant to ORS 703.415 and 703.425.

(2) Moral Fitness. All private investigators must be of good moral fitness as determined by criminal background check, department investigation, or other reliable sources.

(a) Lack of good moral fitness includes, but is not limited to, mandatory or discretionary disqualifying misconduct as described in OAR 259-061-0300.

(b) For the purposes of this standard, the Department, through the Policy Committee and Board, has defined core values that are integral to the private investigator profession. These values are:

(A) Character. Good character includes being respectful and courteous, being faithful and diligent, using discretion, demonstrating compassion and exhibiting courage;

(B) Honesty. Honesty includes integrity, credibility, acting honorably, adhering to the facts and maintaining confidences;

(C) Striving for Justice. Striving for justice includes just treatment, the quality or characteristics of being just, impartial, fair and non-discriminatory;

(D) Public Trust. Public trust includes maintaining public confidences, being law-abiding and adhering to recognized industry standards; and

(E) Respect for the laws and constitutions of this state and nation.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06; DPSST 7-2008(Temp), f. & cert. ef. 5-15-08 thru 10-16-08; DPSST 12-2008, f. & cert. ef. 7-15-08; DPSST 11-2014, f. & cert. ef. 5-5-14

Exam

259-061-0095

Administration of the Exam

(1) The Department will adopt a test of professional investigator competency.

(2) Department staff or department approved designee will proctor the exam at a time and place established by staff or the designee.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

259-061-0100

Exam Results

(1) The minimum passing score for the exam is 86%.

(2) The exam may be administered to an applicant no more then three consecutive times. If the applicant does not pass the exam on the third attempt, the applicant must wait one year from the date the last exam was taken to re-take the exam.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

259-061-0110

Temporary License

(1) A person licensed as an Investigator in another jurisdiction may be licensed as a temporary investigator in the state of Oregon if:

(a) The person is licensed or certified to practice as an investigator in another state or jurisdiction,

(b) The certification or licensing standards of the other state or jurisdiction meet or exceed the standards for achieving a Provisional License in the state of Oregon, including a criminal background check.

(c) The person pays a non-refundable temporary license fee.

(d) The Department has received the application packet for Temporary Licensure.

(2) The person shall provide to the Department a copy of the authorizing states statutory requirements for private investigators, demonstrating that the person has undergone a criminal history background check. Additionally, the person shall provide a copy of the held certification or license issued by the authorizing jurisdiction and submit a Department approved application requesting a Temporary License. The Application form is a triplicate form; the original and one copy shall be mailed to the Department, one copy shall be retained by the investigator. The investigator's copy shall be carried on the person at all times while performing investigative services in this state. It shall be presented to any law enforcement officer upon demand and shall be displayed to any other person upon reasonable request.

(3) The Temporary License application packet must be mailed to the Department on or before the first day the person performs investigatory services in Oregon.

(4) The Temporary License shall be in effect for 90 days from the date the complete application and fees are received.

(5) The intent of this provision is to allow out-of-state investigators to temporarily conduct lawful business in this state.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

259-061-0120

Interim Investigators License

(1) An employer, an attorney, or a private investigator licensed under ORS 703.430 may request an Interim Investigator's License for an applicant whose application for licensure as a Private or Provisional investigator is being processed by the Department. The Interim License allows the applicant to perform investigatory services within this state for a period of time not to exceed 120 days under the following conditions:

(a) The applicant has never been convicted of, pled guilty or no contest to or forfeited security for a crime;

(b) The applicant has submitted all required application materials, paid required fees, and passed the required exam;

(c) The employer has completed and signed the applicable portions of the Interim License request, affirming the above requirements have been met; and

(d) The Interim License request must bear a postmark on or before the first day the applicant performs investigative services.

(2) If an applicant has not completed each step of the application process, the applicant shall not perform investigatory services.

(3) The intent of this provision is to allow an employer or attorney or private investigator to legally deploy a private or provisional investigator, while the application for licensure is being processed.

(4) The Interim License will be valid no longer than 120 days or, in any event, shall end upon written notice from the Department to the applicant that the License has been administratively terminated under OAR 259-061-0090.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented: ORS 703.401 - 703.995

Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

259-061-0130

Copying and Distribution of the Exam

(1) No person, school, association or any other entity is authorized to copy or distribute any exam administered by the Department without prior written authorization;

(2) Applicants who take the exam must not disclose to anyone or any entity the contents of the exam including the exam questions and answers.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

Qualifications

259-061-0140

Educational Substitutes for Experience

(1) Completion of a related course of study at an educational institution licensed or approved by a State Department of Education or other State approving agency, and approved by the Department may be substituted for up to 500 hours of the required work experience. Correspondence courses, online courses, or similar coursework will be evaluated on a case-by-case basis.

(2) Educational substitutions applied toward the required work experience will be granted on a three to one (3 to 1) basis and will be calculated using clock hours spent in class. For example, three hours in class would equate to one hour of allowable experience;

(3) Applicants must provide the Department or its authorized representative verifiable documentation in the form of sealed certified transcripts or an official certificate from the administering institution(s) showing successful completion of study in the related subject matter;

(4) The Department or its authorized representative will review the subject matter of the applicant's education on an individual basis;

(5) Certified transcripts or official copies of certificates presented to the Department in an envelope sealed by the program or institution or instructor and verified as sealed may be accepted directly from the applicant;

(6) If a program or institution granting credit is no longer in business, the Department will accept for review a copy of a certificate of completion or transcript or diploma in the required subject matter and hours. The Department may require additional information to verify the authenticity of such documents.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

259-061-0150

Provisional Investigator Upgrade to Private Investigator

(1) The license of a Provisional Investigator will be upgraded to a Private Investigator license when the applicant provides verifiable documentation that he or she has performed 1500 hours of investigatory work, or completed a course of study approved by the Department.

(2) The expiration date for a provisional investigator's current license will not change when upgraded to a private investigator unless the upgrade is granted at the time of renewal or a new application and fee is received.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

Inactive Status

259-061-0160

Applying for Inactive Status

(1) A licensed investigator may apply, using a Department-approved form, for inactive status.

(2) A licensee may be granted inactive status upon:

(a) Payment of the inactive license fee; and

(b) Submission of the inactive status request form to the Department.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

259-061-0170

Applying for Reinstatement to Active Status

(1) A licensee in inactive status may apply to the Department to be reinstated to active status by paying the appropriate license renewal fee and completing the appropriate renewal application form;

(2) A licensee applying for reinstatement to active status must comply with appropriate continuing education requirements as outlined in OAR 259-061-0240.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

259-061-0180

Maintaining Current Information

Within 10 days of a change, a licensed investigator or applicant for licensure must notify the Department in writing of any changes to name, home address, home phone number, mailing address, business name, business address, or business phone number.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

Code of Professional Ethics

259-061-0190

Code of Ethical Conduct

All licensed investigators must, at all times, observe the rules and requirements of conduct as follows:

(1) Obey all laws in the pursuit of their investigations;

(2) Abide by all provisions of ORS chapter 703 and OAR chapter 259 as they relate to licensed investigators;

(3) Never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence their professional decisions;

(4) Never compromise and shall relentlessly perform their duties in accordance with the law, courteously and appropriately, without fear or favor, malice or ill-will;

(5) Never employ unnecessary or unlawful force or violence;

(6) Maintain each client's confidentiality within the limits of the law;

(7) Be accountable and responsible for their actions;

(8) Accept sole responsibility for their individual standard of professional performance and take every reasonable opportunity to enhance and improve their level of knowledge, competence, and professional integrity;

(9) Actively seek and report the truth in the performance of their professional duties;

(10) Be above reproach in the financial aspects of their relationships with clients;

(11) Keep promises, fulfill commitments and abide by the spirit of agreements made with their clients as well as the letter of agreements with their clients;

(12) Recognize that the credential of a licensed investigator is a symbol of public faith and will accept it as a public trust, to be held only so long as they are true to the ethics of the investigative profession.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

Enforcement and Compliance Procedures

259-061-0200

Compliance

(1) The Department or its designated staff may cause inspections of records and procedures of private investigators or of applicants for licensure, relating to the minimum licensing standards and requirements that are mandated by ORS 703.010-703.995, as well as those records and procedures which are under the purview of OAR chapter 259 in order to verify adherence to and compliance with any applicable rule or statute.

(2) The Department or its designated staff may cause any administrative proceeding or court action to be initiated to enforce compliance with the provisions of ORS 703.010–703.995, and the administrative rules promulgated thereunder.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

259-061-0210

Filing a Complaint

(1) All complaints must be submitted on a Department approved complaint form, unless the Department grants an exception.

(2) A complainant other than the Department should file the complaint with the Department within one year of knowledge of the incident's occurrence.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

259-061-0220

Form of Complaints

(1) When a complaint is first made, the staff will provide the complainant with the Department's complaint form. Unless there is an approved exception, this form must be completed by the complainant and submitted to the Department staff before a complaint is investigated.

(2) Unless otherwise prohibited by law, if the complainant is a client or former client of the respondent, the complainant must sign the waiver of confidentiality allowing the Department access to records and other materials. Refusal by a complainant to comply with these requirements may result in no investigation of the complaint.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

259-061-0230

Compliance

(1) A preliminary administrative review of the complaint will be made by Department staff to assure there is sufficient information to proceed. Staff will conduct a fact finding preliminary investigation (e.g. data searches and other inquiries).

(2) If sufficient information is determined to support the allegation(s) of the complaint, staff will:

(a) Open and conduct an investigation. Gather relevant information and, in doing so, may submit questions to the respondent and require written answers and copies of related documents. The respondent shall comply within twenty (20) days after the request is mailed, unless the Department authorizes an extension.

(b) Notify Respondent of intended action as authorized by ORS 703.465 and 703.995.

(c) Seek Resolution by Stipulation. Department staff is authorized to seek resolution by stipulation, subject to acceptance and approval by the Director, if:

(A) The matter is resolved before entry of any final order;

(B) The agreement has been entered into freely and voluntarily by respondent;

(C) The respondent corrects or proceeds to correct all deficiencies itemized by Department under the terms of the agreement; and

(D) Any penalty amount agreed to is paid and received with the stipulation.

(E) A stipulation shall not be accepted if the violation is for failure to obtain a required license, and such is not obtained as part of the resolution.

(3) If the Department finds that an allegation is false, all information about the alleged violation and the investigation will be considered confidential and not subject to disclosure pursuant to ORS 192.410 to 192.505.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06; DPSST 7-2008(Temp), f. & cert. ef. 5-15-08 thru 10-16-08; DPSST 12-2008, f. & cert. ef. 7-15-08

Continuing Education

259-061-0240

Continuing Education Requirements for Investigator License Renewal

(1) No Private Investigator license or renewal will be issued by the Department unless the licensee has satisfactorily completed and reported thirty-two (32) continuing education program hours in compliance with the Department's Continuing Education Guidelines. Two (2) of the hours must be in ethics.

(2) No Provisional Investigator license or renewal will be issued by the Department unless the licensee has satisfactorily completed and reported forty (40) continuing education program hours in compliance with the Department's Continuing Education Guidelines. Two (2) of the hours must be in ethics.

(3) A licensed investigator may carry over up to fifteen (15) hours of unused continuing education credit hours to his/her next licensing period.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

259-061-0250

Inactive License Continuing Education Requirements

(1) The Department will review a licensee's application for re-activation and determine, on a case-by-case basis, the number of continuing education credit hours required of the licensee prior to approving the active status;

(2) The licensee should be prepared to provide the Department with documentation of the number of hours of continuing education completed during the licensee's most recent active status period.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06

259-061-0260

Continuing Education (CE) Guidelines

(1) Conferences and Seminars. All Department, county, state, national, international bar, investigator, fire-related, law enforcement, forensic science, medical and mental health associations are approved for continuing education units. The Department will also maintain a list of organizations whose conferences, seminars, and educational meetings have standing approval. Continuing Education from any other organizations will be approved on a case-by-case basis.

(a) Attendance: 1 CE Unit for each hour of speaker presentation.

(b) Lecturing: 4 CE Units for each hour presented. (Limit of 8 units per licensing period.)

(c) Video and Audio Media: 1 CE Unit for each hour of presentation. (Limit 16 units per licensing period.)

(2) Computer Seminars: One (1) CE unit of credit for each hour of attended seminar sessions hosted by computer information sources such as public record vendors; and any other similar approved seminar regarding computer information sources. Seminars on how to operate computers will not be approved for credits. (Limit 12 units per licensing period.)

(3) Educational Institutions: Programming presented in state, nationally or internationally, by licensed or accredited educational institutions including, but not limited to colleges, universities, trade and professional schools, will be granted standing approval when that institution is licensed or approved by the respective State's Department of Education or other State approving agency. Others may be approved on a case-by-case basis.

(a) All accredited or licensed Colleges and Universities:

(A) Attendance: 1 CE Unit per college-level credit hour. (Limit 24 units per licensing period.)

(B) Lecturing: 4 CE Units per hour of presentation. (Limit 8 units per licensing period.)

(b) Online Studies:

(A) Two (2) CE Units per college-level credit hour. (Limit 20 units per licensing period.)

(B) All accredited or licensed trade and professional schools (other than colleges and universities). Course work directly related to investigations, including but not limited to, crash technology; criminal justice; fire science; law; judicial; legal and governmental systems equal one (1) CE Unit per hour of presentation. (Limit 20 units per licensing period.)

(C) All accredited or licensed trade and professional schools (other than colleges and universities). Course work indirectly related to the practice of investigation or business operation instruction. (Limit 12 units per licensing period.)

(4) Publications: The Department reserves the right to approve or disapprove any credit for articles, papers, books, or other publications the individual has authored, or co-authored, relating to the private investigative industry. A maximum of 10 CE Units may be granted per licensing period, with no carry over.

(5) Self-Study:

(a) Correspondence Courses and Online Courses: Two (2) CE units per college-equivalent credit hour; otherwise, Four (4) CE units per course that is related to investigation, completed and passed. (Limit of 4 units per licensing period.)

(b) Books and Manuals: Two (2) CE units for each non-fiction book or professional/technical manual that is related to investigation. All books published by Lawyers and Judges Publishing have standing approval. Other books will be approved on a case-by-case basis. (Limit of 6 units per licensing period.)

(c) Internet study and research: One (1) CE unit for each hour of Independent study and research directly related to the individual investigator's practice not to exceed 4 CE Units per study topic. (Limit 4 units per licensing period.)

(6) Television and Radio Appearances: Four (4) CE units for each half hour appearance on a television or radio program which provides education about investigative topics. Merely appearing or participating in a show does not qualify. The program must qualify as an educational program. (Limit of 8 units per licensing period.)

(7) Department/Board/Committee Meetings: One (1) CE unit will be granted for attending a Board or Committee Meeting hour. No CE units will be granted for attending investigator association board or committee meetings. (Limit of 8 units per licensing period.)

(8) Network Meetings: Two (2) CE units will be granted for approved network meetings. Meetings must be noticed and structured, and proof of attendance that includes topics covered must be supplied to attendees by the person organizing the meeting. A minimum of four investigators must be in attendance. (Limit of 8 units per licensing period.)

(9) Mentoring: A licensed private investigator who provides investigation-related training to another licensed private investigator, or to a licensed provisional investigator, may claim one (1) CE Unit per eight hours of training. (Limit 8 units per licensing period.)

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 7-2006, f. & cert. ef. 5-15-06; DPSST 7-2007, f. & cert. ef. 5-15-07

259-061-0300

Denial/Suspension/Revocation

(1) It is the responsibility of the Board, through the Private Security and Investigator Policy Committee, to set the standards, and of the Department to uphold them, to ensure the highest level of professionalism and discipline. The Board will uphold these standards at all times unless the Board determines that neither the safety of the public or respect of the profession is compromised.

Mandatory Grounds for Denying, Suspending or Revoking Private Investigator Licensure

(2) The Department must deny or revoke the license of any applicant or private investigator after written notice and hearing, if requested, upon finding that the applicant or private investigator has been convicted of a person felony as defined by the Criminal Justice Commission in OAR 213-003-0001 in effect on April 27, 2012 or any crime with similar elements in any other jurisdiction;

(3) Emergency Suspension Order: The Department may issue an emergency suspension order pursuant to OAR 137-003-0560 immediately suspending a private investigator’s licensure upon finding that a person has been charged with any of the mandatory disqualifying crimes listed in section (2) of this rule. The report may be in any form and from any source.

(a) The Department may combine the hearing on the Emergency Suspension Order with any underlying proceeding affecting the license.

(b) The sole purpose of the emergency suspension hearing will be to determine whether the individual was charged with a mandatory disqualifying crime. Upon showing that an individual was not charged with a mandatory disqualifying crime, the suspension of the individual’s license will be rescinded, otherwise the suspension will remain in effect until final disposition of the charges.

Discretionary Grounds for Denying, Suspending or Revoking Private Investigator Licensure

(4) The Department may deny or revoke the licensure of any applicant or private investigator after written notice and hearing, if requested, upon finding that an applicant or private investigator:

(a) Fails to meet the minimum standards for licensure as a private investigator as defined in OAR 259-061-0040;

(b) Has falsified any information submitted on the application for licensure, including failing to disclose any criminal convictions, or any other documents submitted to the Department pertaining to private investigator licensure;

(c) Has violated any of the conditions of a temporary or provisional license as described in ORS 703.401-703.995 and these rules;

(d) Has failed to submit properly completed forms or documentation in a time frame as designated by the Department;

(e) Has failed to pay a civil penalty or fee imposed by the Department when due;

(f) Has failed to comply with any provisions found in ORS 703.401-703.995 or these rules;

(g) Has engaged in any of the conduct described in ORS 703.450; or

(h) Lacks moral fitness. For the purposes of this standard, the Department, through the Policy Committee and Board, has defined lack of moral fitness as:

(A) Lack of Character. Lack of character includes, but is not limited to, being disrespectful, failing to be faithful and diligent to an investigative charge, and failing to use discretion or compassion;

(B) Dishonesty. Lack of honesty includes, but is not limited to, untruthfulness, dishonesty by admission or omission, deception, misrepresentation or falsification;

(C) Failure to strive for justice. Failing to strive for justice includes, but is not limited to, unjust treatment or being partial, unfair or discriminatory;

(D) Lack of Public Trust. Failure to maintain public trust and confidence includes, but is not limited to, acting in an unlawful manner or not adhering to industry standards; or

(E) Lack of Respect for the Laws of this State or Nation. Lack of respect for the laws of this state and nation includes behavior which leads to an arrest or conviction within a ten-year period prior to application or during licensure. Procedure for Denial or Revocation of Licensure:

(5) Scope of Revocation. Whenever the Department revokes the licensure of a private investigator under the provisions of this rule, the revocation will encompass all private investigator licenses the Department has issued to that person.

(6) Denial and Revocation Procedure.

(a) Department Initiated Review: Upon receipt of factual written information from any source the Department may request that the Board deny, revoke or suspend the private investigator’s licensure.

(b) Department Staff Review: When the Department receives information from any source that a private investigator may not meet the established standards for Oregon private investigators, the Department will review the request and supporting factual information to determine if a sufficient factual basis exists to support the request for denial, suspension or revocation of a private investigator license under ORS 703.401-703.995 and these rules.

(A) If the Department determines that a private investigator may have engaged in discretionary disqualifying misconduct:

(i) The Department will seek input from the affected private investigator by allowing the individual to provide, in writing, information for review.

(ii) The Department may take action upon discovery of discretionary disqualifying misconduct when consensus is reached that the nature of the discretionary disqualifying misconduct is appropriate for summary staff disposition or administrative closure.

(iii) If the Department determines that a private security provider may have engaged in discretionary disqualifying misconduct, but is unable to reach a consensus to summarily dispose of or administratively close the case, the case will be presented to the Board, through the Private Investigator Subcommittee and the Policy Committee.

(B) In making a decision to authorize initiation of proceedings under section (4) of this rule based on discretionary disqualifying misconduct, Department staff, the Private Investigator Subcommittee, the Policy Committee and Board will consider mitigating and aggravating circumstances.

(c) Initiation of Proceedings: Upon determination that a sufficient factual basis exists to support the request for denial, suspension, or revocation of a private investigator license under ORS 703.401-703.995 or these administrative rules, the Department will prepare and serve a contested case notice on the private investigator.

(A) All contested case notices will be prepared in accordance with the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015.

(B) In discretionary cases heard by a policy committee, the contested case notice will be served on the private investigator prior to Board review. If the Board disapproves the Policy Committee’s recommendation, the Department will withdraw the contested case notice.

(C) Applicants who choose to withdraw their application forfeit their application fees.

(d) Response Time:

(A) A party who has been served with an Emergency Suspension Order has 90 days from the date of mailing or personal service of the Order in which to file a written request for hearing with the Department.

(B) A party who has been served with a Contested Case Notice of Intent to Deny Licensure has 60 days from the date of mailing or personal service of the notice in which to file a written request for a hearing or a written request withdrawing their application from consideration with the Department.

(C) A party who has been served with a Contested Case Notice of Intent to Revoke Licensure has 20 days from the date of the mailing or personal service in which to file a written request for hearing with the Department.

(e) Default Order: If a timely request for a hearing is not received, the Contested Case Notice will become a final order denying or revoking licensure pursuant to OAR 137-003-0672.

(f) Final Order:

(A) A final order will be issued pursuant to the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015 if a private investigator fails to file exceptions and arguments within 20 days of issuance of the proposed order.

(B) Department-proposed amendments to the proposed order in a case that was originally heard by a policy committee must be considered and approved by the policy committee that originally reviewed the case before a final order is issued.

(g) Stipulated Order Revoking Licensure: The Department may enter a stipulated order revoking licensure of a private investigator upon the person’s voluntary agreement to terminate an administrative proceeding to revoke a license, or to surrender a license, under the terms and conditions provided in the stipulated order. Appeals, Ineligibility Period and Reconsideration:

(7) Appeal Procedure: Applicants and private investigators aggrieved by the findings and Order of the Department may file an appeal with the Court of Appeals from the Final Order of the Department, as provided in ORS 183.480.

(8) Upon denial or revocation of a licensure, an individual is ineligible to reapply for future licensure for a period of three years from the date of the final order issued by the Department.

(a) Any applicant reapplying for licensure must reapply in accordance OAR 259-061-0020.

(b) Pursuant to ORS 703.465(4), an applicant reapplying for licensure must prove by a preponderance of the evidence that the grounds for the denial or revocation no longer exist.

(c) In reconsidering the application of an applicant whose certification or licensure was previously denied or revoked for discretionary grounds, the Department, the Policy Committee and the Board may consider mitigating and aggravating circumstances.

(d) The Board’s decision to deny an application for reconsideration will be subject to the contested case procedure described under subsection (6) of this rule.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480
Stats. Implemented: ORS 703.401 - 703.995
Hist.: DPSST 11-2014, f. & cert. ef. 5-5-14

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