75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2315
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Judicial Department)
CHAPTER ................
AN ACT
Relating to records in possession of Department of Public Safety
Standards and Training; creating new provisions; amending ORS
181.662, 181.878 and 192.501; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 192.501, as amended by section 1, chapter 48,
Oregon Laws 2008, is amended to read:
192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. This exemption
does not apply to litigation which has been concluded, and
nothing in this subsection shall limit any right or opportunity
granted by discovery or deposition statutes to a party to
litigation or potential litigation.
(2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it.
(3) Investigatory information compiled for criminal law
purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim. Nothing in this subsection shall limit any right
constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection,
the record of an arrest or the report of a crime includes, but is
not limited to:
(a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
Enrolled House Bill 2315 (HB 2315-A) Page 1
(c) The conditions of release pursuant to ORS 135.230 to
135.290;
(d) The identity of and biographical information concerning
both complaining party and victim;
(e) The identity of the investigating and arresting agency and
the length of the investigation;
(f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice.
(4) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected.
(5) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow it to determine
fees or assessments payable or to establish production quotas,
and the amounts of such fees or assessments payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care
facilities as defined in ORS 442.015 to the state for purposes of
reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding.
(6) Information relating to the appraisal of real estate prior
to its acquisition.
(7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections.
(8) Investigatory information relating to any complaint filed
under ORS 659A.820 or 659A.825, until such time as the complaint
is resolved under ORS 659A.835, or a final order is issued under
ORS 659A.850.
(9) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180.
(10) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services under ORS 697.732.
(11) Information concerning the location of archaeological
sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the
information and the need for the information is related to that
Indian tribe's cultural or religious activities. This exemption
does not include information relating to a site that is all or
part of an existing, commonly known and publicized tourist
facility or attraction.
(12) A personnel discipline action, or materials or documents
supporting that action.
(13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered
species.
Enrolled House Bill 2315 (HB 2315-A) Page 2
(14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research,
until publicly released, copyrighted or patented.
(15) Computer programs developed or purchased by or for any
public body for its own use. As used in this subsection, '
computer program' means a series of instructions or statements
which permit the functioning of a computer system in a manner
designed to provide storage, retrieval and manipulation of data
from such computer system, and any associated documentation and
source material that explain how to operate the computer program.
' Computer program' does not include:
(a) The original data, including but not limited to numbers,
text, voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be
used if the manipulated forms of the original data were to be
produced manually.
(16) Data and information provided by participants to mediation
under ORS 36.256.
(17) Investigatory information relating to any complaint or
charge filed under ORS chapter 654, until a final administrative
determination is made or, if a citation is issued, until an
employer receives notice of any citation.
(18) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared or used by a public
body, if public disclosure of the plans would endanger an
individual's life or physical safety or jeopardize a law
enforcement activity.
(19)(a) Audits or audit reports required of a
telecommunications carrier. As used in this paragraph, 'audit or
audit report' means any external or internal audit or audit
report pertaining to a telecommunications carrier, as defined in
ORS 133.721, or pertaining to a corporation having an affiliated
interest, as defined in ORS 759.390, with a telecommunications
carrier that is intended to make the operations of the entity
more efficient, accurate or compliant with applicable rules,
procedures or standards, that may include self-criticism and that
has been filed by the telecommunications carrier or affiliate
under compulsion of state law. 'Audit or audit report' does not
mean an audit of a cost study that would be discoverable in a
contested case proceeding and that is not subject to a protective
order; and
(b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.390, with a telecommunications carrier, as
defined in ORS 133.721.
(20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967.
(21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005, or to
an urban renewal agency as defined in ORS 457.010, by applicants
for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
Enrolled House Bill 2315 (HB 2315-A) Page 3
(e) Articles of incorporation, partnership agreements and
operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests.
(22) Records or information that, if disclosed, would allow a
person to:
(a) Gain unauthorized access to buildings or other property;
(b) Identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or
interference with, services; or
(c) Disrupt, interfere with or gain unauthorized access to
public funds or to information processing, communication or
telecommunication systems, including the information contained in
the systems, that are used or operated by a public body.
(23) Records or information that would reveal or otherwise
identify security measures, or weaknesses or potential weaknesses
in security measures, taken or recommended to be taken to
protect:
(a) An individual;
(b) Buildings or other property;
(c) Information processing, communication or telecommunication
systems, including the information contained in the systems; or
(d) Those operations of the Oregon State Lottery the security
of which are subject to study and evaluation under ORS 461.180
(6).
(24) Personal information held by or under the direction of
officials of the Oregon Health and Science University or the
Oregon University System about a person who has or who is
interested in donating money or property to the university, the
system or a state institution of higher education, if the
information is related to the family of the person, personal
assets of the person or is incidental information not related to
the donation.
(25) The home address, professional address and telephone
number of a person who has or who is interested in donating money
or property to the Oregon University System.
(26) Records of the name and address of a person who files a
report with or pays an assessment to a commodity commission
established under ORS 576.051 to 576.455, the Oregon Beef Council
created under ORS 577.210 or the Oregon Wheat Commission created
under ORS 578.030.
(27) Information provided to, obtained by or used by a public
body to authorize, originate, receive or authenticate a transfer
of funds, including but not limited to a credit card number,
payment card expiration date, password, financial institution
account number and financial institution routing number.
(28) Social Security numbers as provided in ORS 107.840.
(29) The electronic mail address of a student who attends a
state institution of higher education listed in ORS 352.002 or
Oregon Health and Science University.
(30) The name, home address, professional address or location
of a person that is engaged in, or that provides goods or
services for, medical research at Oregon Health and Science
University that is conducted using animals other than rodents.
This subsection does not apply to Oregon Health and Science
Enrolled House Bill 2315 (HB 2315-A) Page 4
University press releases, websites or other publications
circulated to the general public.
(31)(a) If requested by a public safety officer, as defined in
ORS 181.610, by a district attorney, by a deputy district
attorney or by an assistant attorney general designated by the
Attorney General, the home address and home telephone number of
the public safety officer or attorney contained in the voter
registration records for the public safety officer or attorney.
(b) If requested by a public safety officer, as defined in ORS
181.610, the home address and home telephone number of the public
safety officer contained in records of the Department of Public
Safety Standards and Training.
(32) If requested by a public safety officer, as defined in ORS
181.610, by a district attorney, by a deputy district attorney or
by an assistant attorney general designated by the Attorney
General, the name of the public safety officer or attorney
contained in county real property assessment or taxation records.
This exemption:
(a) Applies only to the name of the public safety officer or
attorney and any other owner of the property in connection with a
specific property identified by the officer or attorney in a
request for exemption from disclosure;
(b) Applies only to records that may be made immediately
available to the public upon request in person, by telephone or
using the Internet;
(c) Applies until the public safety officer or attorney
requests termination of the exemption;
(d) Does not apply to disclosure of records among public bodies
as defined in ORS 174.109 for governmental purposes; and
(e) May not result in liability for a county if the name of a
public safety officer or attorney is disclosed after a request
for exemption from disclosure is made under this subsection.
(33) Land management plans required for voluntary stewardship
agreements entered into under ORS 541.423.
{ + (34) Records of the Department of Public Safety Standards
and Training relating to investigations conducted under ORS
181.662 or 181.878 (6), until the department issues the report
described in ORS 181.662 or 181.878. + }
SECTION 2. ORS 192.501, as amended by section 3, chapter 455,
Oregon Laws 2005, section 7, chapter 608, Oregon Laws 2007,
section 2, chapter 687, Oregon Laws 2007, and section 2, chapter
48, Oregon Laws 2008, is amended to read:
192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. This exemption
does not apply to litigation which has been concluded, and
nothing in this subsection shall limit any right or opportunity
granted by discovery or deposition statutes to a party to
litigation or potential litigation.
(2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
Enrolled House Bill 2315 (HB 2315-A) Page 5
opportunity to obtain a business advantage over competitors who
do not know or use it.
(3) Investigatory information compiled for criminal law
purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim. Nothing in this subsection shall limit any right
constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection,
the record of an arrest or the report of a crime includes, but is
not limited to:
(a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to
135.290;
(d) The identity of and biographical information concerning
both complaining party and victim;
(e) The identity of the investigating and arresting agency and
the length of the investigation;
(f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice.
(4) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected.
(5) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow it to determine
fees or assessments payable or to establish production quotas,
and the amounts of such fees or assessments payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care
facilities as defined in ORS 442.015 to the state for purposes of
reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding.
(6) Information relating to the appraisal of real estate prior
to its acquisition.
(7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections.
(8) Investigatory information relating to any complaint filed
under ORS 659A.820 or 659A.825, until such time as the complaint
is resolved under ORS 659A.835, or a final order is issued under
ORS 659A.850.
(9) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180.
Enrolled House Bill 2315 (HB 2315-A) Page 6
(10) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services under ORS 697.732.
(11) Information concerning the location of archaeological
sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the
information and the need for the information is related to that
Indian tribe's cultural or religious activities. This exemption
does not include information relating to a site that is all or
part of an existing, commonly known and publicized tourist
facility or attraction.
(12) A personnel discipline action, or materials or documents
supporting that action.
(13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered
species.
(14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research,
until publicly released, copyrighted or patented.
(15) Computer programs developed or purchased by or for any
public body for its own use. As used in this subsection, '
computer program' means a series of instructions or statements
which permit the functioning of a computer system in a manner
designed to provide storage, retrieval and manipulation of data
from such computer system, and any associated documentation and
source material that explain how to operate the computer program.
' Computer program' does not include:
(a) The original data, including but not limited to numbers,
text, voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be
used if the manipulated forms of the original data were to be
produced manually.
(16) Data and information provided by participants to mediation
under ORS 36.256.
(17) Investigatory information relating to any complaint or
charge filed under ORS chapter 654, until a final administrative
determination is made or, if a citation is issued, until an
employer receives notice of any citation.
(18) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared or used by a public
body, if public disclosure of the plans would endanger an
individual's life or physical safety or jeopardize a law
enforcement activity.
(19)(a) Audits or audit reports required of a
telecommunications carrier. As used in this paragraph, 'audit or
audit report' means any external or internal audit or audit
report pertaining to a telecommunications carrier, as defined in
ORS 133.721, or pertaining to a corporation having an affiliated
interest, as defined in ORS 759.390, with a telecommunications
carrier that is intended to make the operations of the entity
more efficient, accurate or compliant with applicable rules,
procedures or standards, that may include self-criticism and that
has been filed by the telecommunications carrier or affiliate
under compulsion of state law. 'Audit or audit report' does not
mean an audit of a cost study that would be discoverable in a
Enrolled House Bill 2315 (HB 2315-A) Page 7
contested case proceeding and that is not subject to a protective
order; and
(b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.390, with a telecommunications carrier, as
defined in ORS 133.721.
(20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967.
(21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005, or to
an urban renewal agency as defined in ORS 457.010, by applicants
for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership agreements and
operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests.
(22) Records or information that, if disclosed, would allow a
person to:
(a) Gain unauthorized access to buildings or other property;
(b) Identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or
interference with, services; or
(c) Disrupt, interfere with or gain unauthorized access to
public funds or to information processing, communication or
telecommunication systems, including the information contained in
the systems, that are used or operated by a public body.
(23) Records or information that would reveal or otherwise
identify security measures, or weaknesses or potential weaknesses
in security measures, taken or recommended to be taken to
protect:
(a) An individual;
(b) Buildings or other property;
(c) Information processing, communication or telecommunication
systems, including the information contained in the systems; or
(d) Those operations of the Oregon State Lottery the security
of which are subject to study and evaluation under ORS 461.180
(6).
(24) Personal information held by or under the direction of
officials of the Oregon Health and Science University or the
Oregon University System about a person who has or who is
interested in donating money or property to the university, the
system or a state institution of higher education, if the
information is related to the family of the person, personal
assets of the person or is incidental information not related to
the donation.
(25) The home address, professional address and telephone
number of a person who has or who is interested in donating money
or property to the Oregon University System.
Enrolled House Bill 2315 (HB 2315-A) Page 8
(26) Records of the name and address of a person who files a
report with or pays an assessment to a commodity commission
established under ORS 576.051 to 576.455, the Oregon Beef Council
created under ORS 577.210 or the Oregon Wheat Commission created
under ORS 578.030.
(27) Information provided to, obtained by or used by a public
body to authorize, originate, receive or authenticate a transfer
of funds, including but not limited to a credit card number,
payment card expiration date, password, financial institution
account number and financial institution routing number.
(28) Social Security numbers as provided in ORS 107.840.
(29) The electronic mail address of a student who attends a
state institution of higher education listed in ORS 352.002 or
Oregon Health and Science University.
(30)(a) If requested by a public safety officer, as defined in
ORS 181.610, by a district attorney, by a deputy district
attorney or by an assistant attorney general designated by the
Attorney General, the home address and home telephone number of
the public safety officer or attorney contained in the voter
registration records for the public safety officer or attorney.
(b) If requested by a public safety officer, as defined in ORS
181.610, the home address and home telephone number of the public
safety officer contained in records of the Department of Public
Safety Standards and Training.
(31) If requested by a public safety officer, as defined in ORS
181.610, by a district attorney, by a deputy district attorney or
by an assistant attorney general designated by the Attorney
General, the name of the public safety officer or attorney
contained in county real property assessment or taxation records.
This exemption:
(a) Applies only to the name of the public safety officer or
attorney and any other owner of the property in connection with a
specific property identified by the officer or attorney in a
request for exemption from disclosure;
(b) Applies only to records that may be made immediately
available to the public upon request in person, by telephone or
using the Internet;
(c) Applies until the public safety officer or attorney
requests termination of the exemption;
(d) Does not apply to disclosure of records among public bodies
as defined in ORS 174.109 for governmental purposes; and
(e) May not result in liability for a county if the name of a
public safety officer or attorney is disclosed after a request
for exemption from disclosure is made under this subsection.
(32) Land management plans required for voluntary stewardship
agreements entered into under ORS 541.423.
{ + (33) Records of the Department of Public Safety Standards
and Training relating to investigations conducted under ORS
181.662 or 181.878 (6), until the department issues the report
described in ORS 181.662 or 181.878. + }
SECTION 3. ORS 181.878 is amended to read:
181.878. (1) The Board on Public Safety Standards and Training
shall establish standards for:
(a) Issuing, denying, renewing and revoking licenses for
executive managers and supervisory managers; and
(b) Reviewing the private security services of executive
managers in relation to the licensing and certification standards
set forth in ORS 181.870 to 181.887.
(2) In accordance with any applicable provision of ORS chapter
183, to promote consistent standards for private security
Enrolled House Bill 2315 (HB 2315-A) Page 9
services by improving the competence of private security
providers, the board, in conjunction with the Private Security
Policy Committee, shall establish reasonable minimum standards of
physical, emotional, intellectual and moral fitness for private
security providers.
(3) The board, in consultation with the Department of Public
Safety Standards and Training, may establish by rule
accreditation standards for required training programs. The
board, in consultation with the Private Security Policy
Committee, may establish to what extent training or educational
programs offered by employers may be considered equivalent to
required training programs.
(4) The department shall:
(a) Establish and carry out procedures for issuing, denying,
renewing and revoking, subject to terms and conditions imposed by
the department, a private security provider's certificate or
license;
(b) In collaboration with the Private Security Policy
Committee, recommend for approval by the board the content of and
standards for all training courses and testing required for
certification as a private security professional and the
standards for all instructors providing the training;
(c) Establish procedures in consultation with the board for
temporary assignment of persons performing private security
services for a period of no longer than 120 days while an
application for certification is being processed;
(d) In collaboration with the Private Security Policy
Committee, establish fees for issuing certificates and licenses
to private security providers. The fees may not exceed the
prorated direct costs of administering:
(A) The certification or licensing program required by this
section;
(B) The criminal records checks required by ORS 181.880; and
(C) Any training program required by rules of the department or
board; and
(e) In collaboration with the Private Security Policy
Committee, establish fees for accrediting training programs
offered by employers.
(5) In establishing procedures for issuing certificates and
licenses under subsection (4)(a) of this section, the department
shall establish a procedure for issuing a certificate or license
to a person upon submission by the person of proof of successful
completion of a training program accredited by the board pursuant
to subsection (3) of this section as being equivalent to the
required training program offered by the department.
(6) The department shall investigate alleged violations of the
provisions of ORS 181.870 to 181.887 and of any rules adopted by
the department or the board. { + The department shall issue a
report when the investigation is complete. + }
(7) The department and the board may adopt rules necessary to
carry out their duties under ORS 181.870 to 181.887 and 181.991.
For efficiency, the department and board may adopt rules jointly
as a single set of combined rules.
SECTION 4. ORS 181.662 is amended to read:
181.662. (1) The Department of Public Safety Standards and
Training may deny the application for training, or deny, suspend
or revoke the certification, of any instructor or public safety
officer, except a youth correction officer or fire service
professional, after written notice and hearing consistent with
the provisions of ORS 181.661, based upon a finding that:
Enrolled House Bill 2315 (HB 2315-A) Page 10
(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 181.640 (1)(a) to (d).
(d) The public safety officer failed to comply with ORS 181.789
(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 181.661,
based upon a finding that the fire service professional has been
convicted in this state of a crime listed in ORS 137.700 or in
any other jurisdiction of a crime that, if committed in this
state, would constitute a crime listed in ORS 137.700.
(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 181.661,
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, 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 181.661, 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 181.640 (1)(g) or
181.650 (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. + }
SECTION 5. { + The amendments to ORS 192.501 by sections 1 and
2 of this 2009 Act apply to records in the possession of the
Enrolled House Bill 2315 (HB 2315-A) Page 11
Department of Public Safety Standards and Training on or after
the effective date of this 2009 Act. + }
SECTION 6. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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Passed by House February 24, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 12, 2009
...........................................................
President of Senate
Enrolled House Bill 2315 (HB 2315-A) Page 12
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2315 (HB 2315-A) Page 13