Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Department
may cause administrative proceedings or court action to be initiated to enforce
a private security entity's compliance with ORS
181A.840 to
181A.918 or OAR Chapter 259
Division 59.
(2) Violations. The
Department may find violation and recommend assessment of civil penalties upon
finding that a private security entity has previously engaged in or is
currently engaging in any of the following acts:
(a) Operating as a private security entity
without a license in violation of ORS
181A.850;
(b) Using a name that implies that the
private security entity is, or is affiliated with, an existing law enforcement
unit or public safety agency as defined in ORS
181A.355, the organized militia
as described in ORS 396.105, the Armed Forces of the
United States, a federal law enforcement agency or a federal intelligence
agency in violation of ORS
181A.893 and OAR
259-059-0095;
(c) Possessing or
using in the scope of employment prohibited equipment, vehicles, uniforms, or
titles as defined in OAR 259-059-0090;
(d) Discharging or in any other manner
discriminating against private security providers in violation of ORS
181A.914;
(e) Failing to maintain a designated
executive manager as required by ORS
181A.900 and OAR
259-059-0100;
(f) Failing to
maintain general liability insurance as required by ORS
181A.900 and OAR
259-059-0120;
(g) Failing to
maintain proof of ability to pay wages as required by ORS
181A.900 and OAR
259-059-0130;
(h) Failing to have a
use of force policy and a citizen arrest policy as required by ORS
181A.900 and OAR
259-059-0110;
(i) Failing to ensure
armed private security professionals successfully complete a firearms
qualification for each firearm make, model, and caliber that the armed private
security professional will possess or have access to while performing private
security services as required by ORS
181A.906 and OAR
259-059-0140;
(j) Failing to
provide the Professional Workplace Training Course as required by ORS
181A.908 and OAR
259-059-0150;
(k) Failing to
provide private security providers employed by the entity with any of the
statements as required by ORS
181A.913 and OAR 259-059-0160 through OAR 259-059-0180;
(l)
Failing to maintain records as required by OAR Chapter 259 Division
59;
(m) Failing to notify the
Department of a change of information as required by OAR
259-059-0190;
(n) Failing to file
or furnish all forms and other information as required by ORS
181A.900 to
181A.918 or OAR Chapter 259
Division 59;
(o) Falsifying any
information submitted on the application for licensure or on any documents
submitted to the Board or the Department; or
(p) Any other violation of ORS
181A.840 to
181A.918 or OAR Chapter 259
Division 59.
(3) The
Department may issue a Demand to Examine Books and Records (DEBR) to obtain any
record or document related to compliance.
(a)
The Department may cause inspection or audits of the records of any private
security entity. Records inspected may include any document relating to the
requirements of ORS 181A.840 to
181A.918 or OAR Chapter 259
Division 59.
(b) Failure to
cooperate or respond to any investigative inquiries or DEBR may result in
issuance of a civil penalty under this rule or the denial, refusal to renew,
revocation, or suspension of a license under OAR
259-059-0410.
(4)
Allegation of Non-Compliance. The Department may issue an Allegation of
Non-Compliance when there is a reason to believe a violation has occurred. The
purpose of this document is to provide education and allow an opportunity for
the private security entity to gain compliance, within a reasonable time agreed
on by the Department and the private security entity, without
penalty.
(5) Notice of Violation.
The Department may issue a Notice of Violation upon discovery of a
violation.
(a) The Notice
will include a statement of found violations and proposed sanctions, and an
opportunity to provide mitigation to the Department.
(b) A private security entity served with a
Notice of Violation has 10 business days from the date of mailing or personal
service of the Notice to remedy the violation and pay a penalty or submit a
written request for a time extension to remedy the violation and pay the
penalty.
(c) The Department may
extend the time to remedy a violation upon a showing of good cause.
(d) Failure to remedy a violation or request
an extension within 10 business days of the mailing of the Notice of Violation
may result in the assessment of a civil penalty.
(6) Notice of Intent to Propose a Civil
Penalty. When the Board assesses a civil penalty, the Department will issue a
Notice of Intent to Propose a Civil Penalty pursuant to the applicable
provisions of the Attorney General's Model Rules of Procedures adopted under
OAR 259-005-0015.
(a) A private security
entity who has been served with a Notice of Intent to Propose a Civil Penalty
has 20 business days from the date of mailing or personal service of the Notice
to file a written request for a hearing with the Department.
(b) If the Department receives a timely
request for a hearing, it will refer the matter to the Office of Administrative
Hearings in accordance with OAR 137-003-0515.
(7) Default Orders. If the Department does
not receive a timely request for a hearing, the Notice of Intent to Impose a
Civil Penalty will become a Final Order Imposing Civil Penalty.
(8) Resolution by Stipulation. The Department
is authorized to seek resolution of a civil penalty by stipulation, subject to
acceptance and approval by the Board or the Department's Director, if:
(a) The matter is resolved before entry of a
Final Order Imposing Civil Penalty;
(b) The private security entity satisfies all
terms set forth by the Department within the time allowed; and
(c) Any stipulated penalty amount is received
by the Department.
(9)
Civil Penalty Amounts.
(a) Each 30-day period
in violation of the same statute or rule is considered a separate violation by
the Department.
(b) A flagrant
violation occurs when a private security entity who, after being notified of a
violation, continues or repeats the violation within a 36-month period after
the initial violation.
(c) A
private security entity will be charged a civil penalty of not less than $1,000
for the first violation and $1,500 for each flagrant violation.
(10) The Department may reduce or
waive civil penalties from the amounts set in this rule at any time prior to
the entry of a Final Order in situations where further mitigation warrants or
the matter is resolved by stipulation.
(11) The Department will recommend the Board
assess the full civil penalty amount when a private security entity fails to
satisfy the terms as stipulated.
Statutory/Other Authority: ORS
181A.870 & ORS
181A.900
Statutes/Other Implemented: ORS
181A.900 & ORS
181A.995
