Current through Register Vol. 63, No. 9, September 1, 2024
(1) When the
Department receives information from any source that a private security
provider or an applicant may not meet the established standards for private
security providers, the Department will review the information to determine if
substantial evidence exists to support denial, revocation, refusal to renew or
suspension of a private security certification or license under the PSSPA or
these administrative rules. Receipt of information may include, but is not
limited to:
(a) Information obtained through
a criminal background check, department investigations, official records
submitted by the private security provider or applicant, or other reliable
sources;
(b) Information of an
arrest, a criminal citation to appear or its equivalent, a conviction, or any
other criminal disposition, of a certified or licensed private security
provider or an applicant;
(c)
Information from an employer alleging that a certified or licensed private
security provider or applicant may have violated the standards or requirements
found in the PSSPA or these rules; or
(d) Any complaint submitted to the Department
alleging that a private security provider or applicant may have violated the
standards or requirements found in the PSSPA or these rules.
(2) The Department will not take
action to revoke a currently certified or licensed private security provider or
to deny an application for renewal submitted prior to expiration based on a
criminal disposition or conduct that was previously reviewed and determined not
to violate standards for private security provider certification and licensure
or resulted in no action to deny or revoke certification or licensure using the
administrative rules in effect at the time of the review.
(a) Nothing in this rule precludes the
Department from denying or revoking certification or licensure upon discovery
of additional mandatory or discretionary grounds for denial or
revocation.
(b) Nothing in this
rule precludes the Department from denying additional certification or
licensure when a certified or licensed private security provider submits an
application for additional certifications or licenses.
(c) Nothing in this rule precludes the
Department from denying an application to renew an expired certification or
license.
(d) Nothing in this rule
precludes the Department from considering previous criminal dispositions or
conduct as an aggravating circumstance in a separate discretionary
review.
(3) If the
Department determines that the private security provider's or the applicant's
conduct meets the definition of a mandatory disqualifier as defined in OAR
259-060-0300(2), OAR 259-060-0310(2) or OAR 259-060-0320(2), the Department
will prepare and serve a Notice of Intent on the individual in accordance with
OAR 259-060-0380.
(4) If the
Department determines that the private security provider's or the applicant's
conduct meets the definition of a discretionary disqualifier as defined in OAR
259-060-0300(3), OAR 259-060-0310(3) or OAR 259-060-0320(3), the Department
will serve the private security provider or applicant with a preliminary
notification of denial or revocation. The preliminary notification provides the
private security provider or applicant an opportunity to respond in writing to
the Department's preliminary notification to deny or revoke and provides the
opportunity to surrender the certification or license or to withdraw the
application for certification or licensure.
(a) The individual will have 10 business days
from the date of the Department's preliminary notification to provide a written
response.
(b) If the individual
does not provide a written response within the 10 business days, the Department
will proceed in reviewing the information available and making a
determination.
(5) In
cases involving a discretionary moral fitness violation as defined in OAR
259-060-0300(3)(a), OAR 259-060-0310(3)(a) or OAR 259-060-0320(3)(a), after the
opportunity to submit a written response, the Department must consider the
aggravating and mitigating circumstances unique to the case.
(a) Aggravating and mitigating circumstances
are conditions, factors or actions that increase or decrease the total impact
that the violation has when determining whether or not a private security
provider or applicant meets the moral fitness standards for certification or
licensure.
(A) Aggravating circumstances
generally increase the severity of the moral fitness violation and may, in
addition to the moral fitness violation, be grounds to deny or revoke
certification or licensure. Circumstances that may be considered aggravating
include, but are not limited to, the degree of the criminal disposition, prior
criminal dispositions or misconduct, lack of accountability, number of persons
involved in the underlying conduct, number of separate incidents, passage of
time from date of incident or incidents, if the conduct occurred while
providing or performing privates security services or any other circumstance
the Department considers aggravating given the specific issues in the
case.
(B) Mitigating circumstances
do not excuse or justify the conduct, but generally decrease the severity of
the moral fitness violation. Circumstances that may be considered mitigating
include, but are not limited to, written letters of support, truthfulness,
cooperation during the incident or investigation, or any other circumstance the
Department considers mitigating given the specific issues in the
case.
(b) When the
Department determines that the circumstances unique to the case mitigate the
adverse impacts of the moral fitness violation, the Department may approve the
provider's or applicant's certification or licensure or take no action to
revoke the provider's certification or license.
(c) When the Department determines that the
circumstances unique to the case do not mitigate the adverse impacts of the
moral fitness violation, the Department will prepare and serve a Notice of
Intent on the individual in accordance with OAR 259-060-0380.
(6) The moral fitness standards
defined in administrative rule in effect on the date the Department or the
Board determined that the applicant or private security provider violated the
moral fitness standards for certification and licensure will continue to apply
until the Final Order has been issued and all appeal rights have been exhausted
regardless of whether the moral fitness standards have been subsequently
amended or repealed.
Statutory/Other Authority: ORS
181A.870
Statutes/Other Implemented: ORS
181A.870 & ORS
181A.875
