Or. Admin. Code § 259-060-0320

Current through Register Vol. 63, No. 11, November 1, 2024

Section 259-060-0320 - Grounds to Deny, Revoke, Suspend or Refuse to Renew Armed Private Security Professional Certification, Private Security Instructor Certification, and Executive or Supervisory Manager Licensure

(1) The Board has established moral fitness standards that it has determined are critical to upholding the public's trust in the private security profession, protecting the public and ensuring that the conduct of a private security provider or an applicant does not reflect adversely on the private security profession. The Board finds by adopting this rule that a violation of these standards is substantially related to the duties performed by a certified armed private security professional, a certified private security instructor or a licensed executive or supervisory manager.

(2) The Department must deny, revoke or refuse to renew certification as an armed private security professional or private security instructor or licensure as an executive or supervisory manager when the Department determines that the private security provider or applicant:

(a) Is required to register or is registered as a sex offender under ORS 163A.010, 163A.015, 163A.020 or 163A.025;

(b) Has been convicted of a crime listed in ORS 137.700 or convicted of a crime in any other jurisdiction in which the underlying conduct would satisfy the elements of a crime listed in ORS 137.700 if the act was committed in this state, and less than 10 years have passed since the final date of completion for all resulting imprisonment, parole, probation and post-prison supervision;

(c) Has been convicted of a crime for any offense, other than the mandatory grounds defined in subsection (b) above, for which a maximum term of imprisonment of more than one year may be imposed under the law of the jurisdiction where the conviction occurred, and less than four years have passed since the final date of completion for all resulting imprisonment, parole, probation and post-prison supervision; or

(d) Fails to meet the minimum standards for armed certification as an armed private security professional or a private security firearms instructor pursuant to OAR 259-060-0020.

(3) The Department may deny, revoke or refuse to renew certification as an armed private security professional or private security instructor or licensure as an executive or supervisory manager when the Department determines that the private security provider or applicant:

(a) Violated the moral fitness standards for armed private security professionals, private security instructors and executive or supervisory managers by:

(A) Engaging in conduct that includes dishonesty or deceit, sexual misconduct, drug related misconduct, destruction of property, illegal use or possession of a deadly weapon, or violence, abuse or neglect against a person or animal where the conduct occurred within the 10 years prior to certification or licensure or while certified or licensed;

(B) Engaging in conduct that resulted in a criminal disposition, other than convictions constituting mandatory grounds as defined in section (2) of this rule, that includes dishonesty or deceit, a sexual offense, a drug offense, destruction of property, illegal use or possession of a deadly weapon, or violence, abuse or neglect against a person or animal where the conduct occurred within the 10 years prior to certification or licensure or while certified or licensed;

(C) Engaging in conduct that resulted in a criminal disposition for any violation of criminal law where the conduct occurred while providing private security services and within the 10 years prior to certification or licensure or while certified or licensed; or

(D) Engaging in conduct while providing private security services that constitutes harassment, stalking, intimidation, bullying, intentional or reckless physical harm or threatening harm of a person or group of people.

(b) Falsified any information submitted on the application for certification or licensure or any documents submitted to the Department pertaining to private security certification or licensure;

(c) Failed to meet or failed to comply with any provisions found in the PSSPA or these rules other than a failure to satisfy minimum standards constituting the basis for mandatory grounds as defined in section (2)(d) of this rule; or

(d) Failed to pay a civil penalty or fee imposed by the Board when due.

(4) The Department may suspend and may refuse to renew a private security provider's certification or license upon finding that the private security provider has been charged with a crime that is grounds for denial or revocation as defined in sections (2) and (3) of this rule. If the Department finds there is a serious danger to the public health or safety, the Department may immediately suspend the certification pursuant to OAR 137-003-0560. The report of a charge may be in any form and from any source.

(5) When the Department denies, revokes, suspends or refuses to renew certification as an armed private security professional or private security instructor or licensure as an executive or supervisory manager for the mandatory or discretionary grounds defined in this rule, the denial, revocation, suspension or refusal to renew will be administered in accordance with OAR 259-060-0380.

Or. Admin. Code § 259-060-0320

DPSST 31-2020, adopt filed 11/06/2020, effective 1/1/2021; DPSST 1-2024, amend filed 01/29/2024, effective 2/1/2024

Statutory/Other Authority: ORS 181A.870

Statutes/Other Implemented: ORS 181A.870, ORS 181A.855, ORS 181A.875, ORS 181A.880 & ORS 181A.885