2017 ORS 703.411¹
Exceptions

ORS 703.401 (Definitions) to 703.490 (Moneys credited to Police Standards and Training Account), 703.993 (Criminal penalties for investigators) and 703.995 (Civil penalties for investigators) do not apply to:

(1) A person employed exclusively by one employer in connection with the affairs of that employer only;

(2) An officer or employee of the United States, or of this state, or a political subdivision of either, while the officer or employee is engaged in the performance of official duties;

(3) A person acting as a private security professional as defined in ORS 181A.840 (Definitions for ORS 181A.360, 181A.840 to 181A.891, 181A.895 and 181A.995);

(4) A person who is employed full-time as a peace officer, as defined in ORS 161.015 (General definitions), who receives compensation for private employment as an investigator, provided that services are performed for no more than one person or one client;

(5) A person that provides secured transportation and protection, from one place or point to another place or point, of money, currency, coins, bullion, securities, bonds, jewelry or other valuables;

(6) A person that places, leases, rents or sells an animal for the purpose of protecting property, or any person that is contracted to train an animal for the purpose of protecting property;

(7) A person engaged in the business of obtaining and furnishing information regarding the financial rating of persons;

(8) An attorney admitted to practice law in this state performing the attorney’s duties as an attorney;

(9) A legal assistant or paralegal engaged in activity for which the person is employed by an attorney admitted to practice law in this state;

(10) Insurers, insurance adjusters and insurance producers licensed in this state and performing duties in connection with insurance transacted by them;

(11) Any secured creditor engaged in the repossession of the creditor’s collateral and any lessor engaged in the repossession of leased property in which it claims an interest;

(12) An employee of a cattle association who is engaged in inspection of brands of livestock under the authority granted to that cattle association by the Packers and Stockyards Division of the United States Department of Agriculture;

(13) Common carriers by rail engaged in interstate commerce and regulated by state and federal authorities and transporting commodities essential to the national defense or to the general welfare and safety of the community;

(14) Any news media and the employees thereof when engaged in obtaining information for the purpose of disseminating news to the public;

(15) A legal process service company attempting to serve legal process;

(16) A landlord or an agent of a landlord performing duties in connection with rental property transactions;

(17) An engineer while the engineer is performing duties as an engineer or an employee of an engineer while the employee is performing duties on behalf of an engineer. As used in this subsection, “engineer” has the meaning given that term in ORS 672.002 (Definitions for ORS 672.002 to 672.325); or

(18) An accountant while the accountant is engaged in the practice of public accountancy or an employee of an accountant while the employee is performing duties on behalf of an accountant. As used in this subsection, “accountant” means an individual holding an active permit under ORS 673.150 (Permits to engage in practice of public accountancy) or an individual holding an active license described in ORS 673.153 (Holders of licenses issued by other states). [1997 c.870 §3; 2003 c.364 §57; 2003 c.764 §1; 2005 c.22 §482; 2005 c.447 §14; 2014 c.46 §1]

Notes of Decisions

In prison disciplinary hearing, introduc­tion of actual ques­tions asked prisoner during polygraph examina­tion, re­gard­ing his involve­ment in alleged assault, constituted sufficient founda­tion for admission of record of polygraph test and conclusions of general polygraph examiner, notwithstanding that prisoner’s verbal answers were not recorded or introduced. Preston v. OSP, 35 Or App 799, 583 P2d 9 (1978)

1 Legislative Counsel Committee, CHAPTER 703—Truth Verification and Deception Detection; Investigators, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors703.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 703, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano703.­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.