Current through Register Vol. 63, No. 3, March 1, 2024
(1) A person may not act as a private
security provider unless that person is certified or licensed under the PSSPA
and these rules.
(a) Certified armed and
unarmed private security professionals are not required to be certified as an
event and entertainment private security professional in order to perform or
provide private security services for an event or entertainment business or
venue.
(b) An event and
entertainment private security professional is not authorized to perform or
provide private security services for any entity that is not an entertainment
business or venue unless the individual is also certified, as appropriate, as
an alarm monitor, armed or unarmed private security professional.
(c) A private security professional is not
authorized to independently contract with businesses or entities to provide
services as a private security professional unless the professional is also
licensed as an executive manager.
(d) A supervisory manager is not authorized
to independently contract with businesses or entities to provide services as a
supervisory manager unless the supervisory manager is also licensed as an
executive manager.
(2)
Private security providers must have in their possession their DPSST issued
certification, license, or temporary work permit (Form PS-20) while performing
the functions of a private security provider and must be able to present their
certification, license, or temporary work permit to any DPSST staff member, law
enforcement officer or Oregon Liquor and Cannabis Commission agent upon demand,
or any other person, upon reasonable request.
(3) Persons described in ORS 181A.845 are
exempt from regulation as private security providers.
(a) The exemption found in ORS 181A.845(1)(L)
does not apply to an individual who has the primary responsibility of
controlling access to premises at an entry to the premises or any portion of
the premises where minors are prohibited.
(b) The exemption found in ORS 181A.845(1)(k)
applies to individuals performing crowd management or guest services inside the
established confines of an organized event and who are not armed, permitted to
initiate confrontational activities, or hired with the primary responsibility
of taking enforcement action as described in ORS 181A.840(9)(f).
(c) The exemption found in ORS 181A.845(1)(c)
includes individuals providing private security services through a contract or
sub-contract for the federal government while the individual is performing the
duties of the office or employment.
(4) Private security providers are prohibited
from:
(a) Carrying a concealed weapon while
providing security services unless currently certified as an armed private
security professional and licensed under ORS 166.291; and
(b) Using the Department logo or their
license or certification to represent themselves as an agent, authorizing
representative or employee of the Department.
(5) For purposes of these administrative
rules, these prohibitions apply to any business, employer, or entity that
provides private security services within this state regardless of whether the
business, employer, or entity is located in this state.
(6) Change of Information.
(a) An applicant or private security provider
must notify the Department within 14 calendar days of any change of address by
using Form PS-23.
(b) Executive
managers must notify the Department when a private security provider is hired
and when the private security provider's employment status changes due to a
resignation or termination. Submission of the Form PS-23 is required for
terminations of employment where the private security provider may have
violated the PSSPA or these rules.
(c) Executive managers must submit a
completed Form PS-24 within 48 hours of a change when:
(A) Beginning employment or entering a
contract with an employer as an executive manager; and
(B) Terminating employment or completing a
contract for an employer as an executive manager.
(7) Notification of Being Charged
with a Crime.
(a) Pursuant to ORS 181A.885,
any private security provider or applicant who is charged with a crime must
notify their employer or, if not employed, the Department no later than 48
hours after the charge is filed.
(b) If an executive manager knows that an
employee has been charged with a crime, the executive manager must notify the
department of that fact no later than 48 hours after the executive manager
acquired the knowledge.
(c) The
notification may be made by telephone or in writing. Notification must include
the charges, the county and state where the charges occurred, the date of the
charges, the arresting agency, and the date of arrest. The Department may
request additional documentation.
(8) Should any certified armed private
security provider become ineligible to purchase, own or possess a firearm, the
provider and the manager, employer or supervisor of the provider must notify
the Department in writing within 48 hours of the circumstances causing the
ineligibility. The notification must list all facts known and must identify a
person whom the Department may contact for additional information.
Statutory/Other Authority: ORS 181A.870
Statutes/Other Implemented: ORS 181A.845, ORS 181A.850, ORS
181A.870 & ORS 181A.885
