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
compliance with the PSSPA and these rules.
(2) Violations. The Department may find
violation and recommend assessment of civil penalties upon finding that a
private security provider, individual, or employer has previously engaged in or
is currently engaging in any of the following acts:
(a) Providing private security services
without a valid certification, license or temporary work permit;
(b) Failure to submit properly completed
forms or documentation in a time frame as designated by the
Department;
(c) The falsification
of any documents submitted to the Department;
(d) Failure to cease providing private
security services upon expiration of certification or licensure, notice of
termination, suspension, denial or revocation;
(e) Failure to complete required training as
prescribed in OAR 259-060-0120, 259-060-0130, and 259-060-0135;
(f) Failure to report criminal charges as
required in ORS 181A.885;
(g) Failure of a private security instructor
to perform the duties of a certified instructor as defined in OAR
259-060-0136;
(h) Failure to
terminate employment as a private security provider of an individual whose
application has been terminated, or whose certification or licensure has been
suspended, denied or revoked, upon notice from the Department to do
so;
(i) Employing private security
providers who have not completed the training and application process required
under the PSSPA and these rules;
(j) Failure to provide technological
communication or visibility of a certified security professional to crowd
management or guest services staff;
(k) Failure to provide documentation of one
certified security professional to ten crowd management or guest services
staff;
(l) Expecting crowd
management or guest services staff to perform security services duties other
than the duties incidental to crowd management or guest services;
(m) Possessing or using in the scope of
employment prohibited equipment, vehicles, uniforms or titles as defined in OAR
259-060-0012; or
(n) Any other
violation of requirements of the PSSPA or these rules.
(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 provider or
employer. Records inspected may include any document relating to the
requirements of the PSSPA and these rules.
(b) Failure to cooperate or respond to any
investigative inquiries or DEBR may result in issuance of a civil penalty as
described in this rule and the revocation or denial of certification or
licensure as described in OAR 259-060-0300, OAR 259-060-0310 and OAR
259-060-0320.
(4)
Complaints and Allegations of Violations.
(a)
All complaints or allegations of violations must be submitted on a
Department-approved complaint form before an investigation can be initiated,
unless the Department grants an exception. The Department may consider
additional credible sources of information to determine
non-compliance.
(b) A preliminary
administrative review of the complaint or allegation will be conducted by the
Department to ensure there is sufficient information to proceed. Staff may
conduct a fact-finding preliminary investigation.
(A) If sufficient information is determined
to support the complaint or allegation, the Department may open and conduct an
investigation and gather relevant information.
(B) Private security providers, applicants,
or other involved parties will respond to any questions or requests with 20
days after a request is mailed by the Department, unless an extension is
requested and approved by the Department.
(5) Procedures for Proposing a Civil Penalty.
(a) 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 to
gain compliance within 30 days without penalty.
(b) The Department will issue a Notice of
Violation upon discovery of violation as described in this rule. The Notice
will include a statement of found violations and proposed sanctions. An
individual or employer may be given the opportunity to remedy the violation and
pay a penalty within 10 days of the mailing of the notice.
(A) The Department may extend the time to
remedy a violation upon a showing of good cause.
(B) An individual or employer will be given
the opportunity to provide mitigation to the Department.
(c) The Department, through the Policy
Committee and Board, will issue a Notice of Intent to Propose a Civil Penalty
upon the failure to remedy a violation or request an extension within 10 days
of the mailing of the Notice of Violation.
(6) Hearing Request.
(a) If the Department issues a Notice of
Intent to Propose Civil Penalty, an individual, business or entity is entitled
to a contested case hearing in accordance with the applicable provisions of the
Attorney General's Model Rules of Procedure adopted under OAR
259-005-0015.
(b) The Department
must receive a request for hearing in writing within 20 days of the date the
Notice of Intent to Propose Civil Penalty was served on the individual or
employer.
(7) Default
Order. If a timely request for a hearing is not received, 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 by stipulation,
subject to acceptance and approval by the Board or Director, if:
(a) The matter is resolved before entry of a
final order assessing penalty;
(b)
The respondent 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) Alarm monitor, unarmed and event and
entertainment private security professionals will be charged a penalty of not
less than $250 for the first violation and a maximum of $1,500 for each
flagrant violation.
(b) Armed
private security professionals will be charged a penalty of not less than $500
for the first violation and a maximum of $1,500 for each flagrant
violation.
(c) Private security
instructors will be charged a penalty of not less than $750 for the first
violation and a maximum of $1,500 for each flagrant violation.
(d) Private security managers, contract
executive managers and employers who employ individuals to provide private
security services will be charged a penalty of not less than $1,000 for the
first violation and a maximum of $1,500 for each flagrant violation.
(e) For the purposes of imposing civil
penalties, each 30 day period in violation of the same statute or rule may be
considered a separate violation by the Department.
(10) The Department may reduce or waive civil
penalties from the amounts set in this rule in situations where further
mitigation is warranted or the matter is resolved by stipulation at any time
prior to the entry of a final order.
(11) Staff will recommend the full civil
penalty amount for individuals, businesses or entities that fail to satisfy the
terms as stipulated. The recommendation will be reviewed by the Policy
Committee and Board.
Statutory/Other Authority: ORS
181A.870
Statutes/Other Implemented: ORS
181A.870 & ORS
181A.995
