Or. Admin. Code § 259-059-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 259-059-0010 - Definitions

(1) "Applicant" means a private security entity, through an entity representative, applying for or renewing licensure to operate as a private security entity.

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

(3) "Department" or "DPSST" means the Department of Public Safety Standards and Training.

(4) "Entity representative" means the individual who represents the private security entity in matters of licensure as a private security entity.

(5) "Engaged in the business of providing private security" means recruiting, soliciting, supplying, or employing private security professionals, supervisory managers, or executive managers for an agreed remuneration or rate of pay to perform private security services.

(6) "Executive manager" has the meaning given that term in ORS 181A.840 and OAR 259-060-0010.

(7) "Financially interested" means any ownership interest in the private security entity that is greater than or equal to 5% of the entity.

(8) "License" means a private security entity license issued by the Department.

(9) "Licensee" means a licensed private security entity.

(10) "Person" means any individual, sole proprietorship, partnership, business, company, corporation, association, governmental entity, or other business or legal entity.

(11)

(a) "Private security entity" means a person engaged in the business of providing private security that:

(A) Employs private security providers; or

(B) Contracts or subcontracts with an existing licensed private security entity to provide private security services.

(b) "Private security entity" does not include a special campus security provider commissioned under ORS 352.118 or a private security provider on a campus of an institution of higher education regulated under ORS 181A.972.

(12) "Private security provider" means any individual who performs the functions of a private security professional, executive manager, supervisory manager or instructor, as those terms are defined in ORS 181A.840 and OAR 259-060-0010.

(13) "Private security services" means the performance of at least one of the following activities:

(a) Observing and reporting unlawful activity.

(b) Preventing or detecting theft or misappropriation of goods, money or other items of value.

(c) Protecting individuals or property, including but not limited to proprietary information, from harm or misappropriation.

(d) Controlling access to premises being protected or, with respect to a licensee of the Oregon Liquor and Cannabis Commission, controlling access to premises at an entry to the premises or any portion of the premises where minors are prohibited.

(e) Securely moving prisoners.

(f) Taking enforcement action by detaining persons or placing persons under arrest under ORS 133.225.

(g) Providing canine services for guarding premises or for detecting unlawful devices or substances.

(14) "Qualified designee" means an individual who is:

(a) Employed by a private security entity that is a non-profit or governmental entity, a private security entity principally located in another state, or a private security entity with more than 100 employees; and

(b) Authorized by the principal owner or principal partner of the private security entity to represent the entity in matters of entity licensure.

(15) "Temporary Authorization Form" means a written, temporary permit to operate as a private security entity that is issued by the Department to an applicant while their application for a license is being processed.

(16)

(a) "Work location or locations" means the specific place or places where a private security provider regularly reports to work or is assigned to work. "Work location or locations" include the location of the private security entity and locations such as a site, complex, park, campus, or territory where the private security entity provides private security services. Examples: an industrial complex, a hospital campus, or a territory with fixed parameters like the five-block radius surrounding a shopping district.

(b) "Work location or locations" does not include:

(A) Incidental response locations outside of regularly performed duties;

(B) Routes between work locations that are not included under the security services provided by the private security entity;

(C) Confidential public utility infrastructure locations;

(D) A private security entity's armored car routes and stop locations; or

(E) Personal residential addresses and auxiliary locations where private security services are performed in the course and scope of personal protection services.

Or. Admin. Code § 259-059-0010

DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/1/2023 through 5/28/2024; DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/1/2023 through 5/28/2024; DPSST 5-2024, adopt filed 04/25/2024, effective 5/1/2024

Statutory/Other Authority: ORS 181A.870 & ORS 181A.900

Statutes/Other Implemented: ORS 181A.840, ORS 181A.870 & ORS 181A.900