2015 ORS 181A.550¹
Certification of regulatory specialists required

(1) Except for a person who has requested and obtained an extension from the Department of Public Safety Standards and Training under subsection (2) of this section, subject to subsection (3) of this section the Oregon Liquor Control Commission may not employ a person as a regulatory specialist for more than 18 months unless the person is a citizen of the United States who has been certified under ORS 181A.410 (Minimum standards and training for certification) as being qualified as a regulatory specialist and the certification has not:

(a) Lapsed; or

(b) Been revoked under ORS 181A.630 (Procedure for denial, suspension or revocation of application or certification), 181A.640 (Grounds for denial, suspension or revocation of application or certification of person or accreditation of program) and 181A.650 (Judicial review of department's final order) (1) and not reissued under ORS 181A.630 (Procedure for denial, suspension or revocation of application or certification) (2).

(2) The department, upon the facts contained in an affidavit accompanying the request for extension, may find good cause for failure to obtain certification within the time period described in subsection (1) of this section. If the department finds that there is good cause for the failure, the department may extend for up to one year the period that a person may serve as a regulatory specialist without certification. The grant or denial of an extension is within the sole discretion of the department.

(3) The citizenship requirement in subsection (1) of this section does not apply to a person employed as a regulatory specialist on March 16, 2012, who continues to serve as a regulatory specialist without a lapse under subsection (4) of this section.

(4) The certification of a regulatory specialist shall lapse after three or more consecutive months of not being employed as a regulatory specialist unless the regulatory specialist is on leave from the commission. Upon reemployment as a regulatory specialist, the person whose certification has lapsed may apply to be certified under ORS 181A.355 (Definitions for ORS 181A.355 to 181A.670) to 181A.670 (Disclosure of information about public safety officer).

(5) The commission shall pay the costs of training required for a regulatory specialist to be certified by the department. [Formerly 181.646]

Note: Section 32, chapter 54, Oregon Laws 2012, provides:

Sec. 32. (1) The Department of Public Safety Standards and Training shall make public safety personnel certification under ORS 181.640 [renumbered 181A.410 (Minimum standards and training for certification)] as regulatory specialists available for qualified applicants no later than July 1, 2015.

(2) Notwithstanding ORS 181.646 [renumbered 181A.550 (Certification of regulatory specialists required)] and the amendments to ORS 181.610 [renumbered 181A.355 (Definitions for ORS 181A.355 to 181A.670)] by sections 22 and 23, chapter 54, Oregon Laws 2012, an inspector or investigator employed by the Oregon Liquor Control Commission and not granted an extension under ORS 181.646 to obtain certification may perform the duties of a regulatory specialist without certification under ORS 181.640 until January 1, 2017.

(3) An employee of the Oregon Liquor Control Commission who takes voluntary training for commission inspectors and investigators provided by the Department of Public Safety Standards and Training prior to the date that regulatory specialist training is available from the department is deemed to have met the minimum basic training requirements for a regulatory specialist and is exempt from any minimum physical standards for regulatory specialists developed under ORS 181.646. [2012 c.54 §32; 2015 c.614 §158]


1 Legislative Counsel Committee, CHAPTER 181A—State Police; Crime Reporting and Records; Public Safety Standards and Training; Private Security Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors181A.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.