2017 ORS 181A.640¹
Grounds for denial, suspension or revocation of application or certification of person or accreditation of program
  • rules

(1) The Department of Public Safety Standards and Training may deny the application for training, or deny, suspend or revoke the certification, of any public safety officer or instructor, except a youth correction officer or fire service professional, after written notice and hearing consistent with the provisions of ORS 181A.630 (Procedure for denial, suspension or revocation of application or certification), based upon a finding that:

(a) The public safety officer or instructor falsified any information submitted on the application for certification or on any documents submitted to the Board on Public Safety Standards and Training or the department.

(b) The public safety officer or instructor has been convicted of a crime or violation in this state or any other jurisdiction.

(c) The public safety officer or instructor does not meet the applicable minimum standards, minimum training or the terms and conditions established under ORS 181A.410 (Minimum standards and training for certification) (1)(a) to (d).

(d) The public safety officer failed to comply with ORS 181A.790 (Policy relating to use of deadly physical force) (3)(b).

(2) The department shall deny, suspend or revoke the certification of a fire service professional, after written notice and hearing consistent with the provisions of ORS 181A.630 (Procedure for denial, suspension or revocation of application or certification), based upon a finding that the fire service professional has been convicted in this state of a crime listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) or in any other jurisdiction of a crime that, if committed in this state, would constitute a crime listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences).

(3) The department may deny, suspend or revoke the certification of any fire service professional after written notice and hearing consistent with the provisions of ORS 181A.630 (Procedure for denial, suspension or revocation of application or certification), based upon a finding:

(a) That the fire service professional falsified any information submitted on the application for certification or on any documents submitted to the board or the department; or

(b) Consistent with ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction), that the fire service professional is not fit to receive or hold the certification as a result of conviction of a crime in this state, or in any other jurisdiction, other than a crime described in subsection (2) of this section.

(4) The department shall deny, suspend or revoke the certification of any public safety officer or instructor, except a youth correction officer, after written notice and hearing consistent with the provisions of ORS 181A.630 (Procedure for denial, suspension or revocation of application or certification), based upon a finding that the public safety officer or instructor has been discharged for cause from employment as a public safety officer.

(5) The department, in consultation with the board, shall adopt rules specifying those crimes and violations for which a conviction requires the denial, suspension or revocation of the certification of a public safety officer or instructor.

(6) Notwithstanding the lapse, suspension, revocation or surrender of the certification of a public safety officer or instructor, the department may:

(a) Proceed with any investigation of, or any action or disciplinary proceedings against, the public safety officer or instructor; or

(b) Revise or render void an order suspending or revoking the certification.

(7) The department shall deny, suspend or revoke the accreditation of a training or educational program or any course, subject, facility or instruction thereof if the program, course, subject, facility or instruction is not in compliance with rules adopted or conditions prescribed under ORS 181A.410 (Minimum standards and training for certification) (1)(g) or 181A.590 (Certification of instructors) (3).

(8) When the department completes an investigation relating to a person’s qualifications for employment, training or certification under this section, the department shall issue a report.

(9) In cases involving a proposed denial of training or certification of a public safety officer or instructor by the department, the department has jurisdiction to proceed with any action against the public safety officer or instructor notwithstanding a subsequent change in the employment status of the officer or instructor, if:

(a) The department has issued a notice of intent to deny training or certification; and

(b) The officer or instructor has requested a hearing. [Formerly 181.662]

(formerly 181.662)

Notes of Decisions

Where peti­tioner was discharged for cause and denied his applica­tion for basic police certificate because of gross negligence and Board on Police Standards and Training interpreted rule to include preemploy­ment con­duct, interpreta­tion not erroneous or inconsistent with this sec­tion. Bailey v. Board on Police Standards, 100 Or App 739, 788 P2d 1022 (1990)

Although Idaho con­vic­­tions had been dismissed and later expunged, where Oregon law would not have authorized either dismissal or expunc­tion for equivalent con­vic­­tions, applicant had been convicted of crime. Delehant v. Board on Police Standards, 317 Or 273, 855 P2d 1088 (1993)

Knowingly falsifying in­for­ma­­tion need not involve intent to deceive in order to justify denying or revoking certifica­tion. Pierce v. Dept. of Public Safety Standards and Training, 196 Or App 190, 100 P3d 1125 (2004)

Past con­duct is relevant to determining whether per­son possesses present character and fitness that meets standards for certifica­tion. Cuff v. Depart­ment of Public Safety Standards and Training, 345 Or 462, 198 P3d 931 (2008)

Statute does not preclude Depart­ment of Public Safety Standards and Training from adopting rule that mandates revoca­tion of certifica­tion of public safety of­fi­cer under specified circumstances. Marolla v. Depart­ment of Public Safety Standards and Training, 245 Or App 226, 263 P3d 1034 (2011)

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 181A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano181A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.