2015 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]


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.