Current through Register Vol. 63, No. 9, September 1, 2024
(1) It is the
responsibility of the Board, through the Private Security and Investigator
Policy Committee, to set the standards, and of the Department to uphold them,
to ensure the highest level of professionalism and discipline. The Board will
uphold these standards at all times unless the Board determines that neither
the safety of the public or respect of the profession is compromised.
(2) Mandatory Grounds for Denying, Suspending
or Revoking Private Investigator Licensure. The Department must deny or revoke
the license of any applicant or private investigator after written notice and
hearing, if requested, upon finding that the applicant or private investigator
has been convicted of a person felony as defined by the Criminal Justice
Commission in OAR 213-003-0001 in effect on February 3, 2014 or any crime with
similar elements in any other jurisdiction;
(3) Emergency Suspension Order: The
Department may issue an emergency suspension order pursuant to OAR 137-003-0560 immediately suspending a private investigator's licensure upon finding that a
person has been charged with any of the mandatory disqualifying crimes listed
in section (2) of this rule. The report may be in any form and from any source.
(a) The Department may combine the hearing on
the Emergency Suspension Order with any underlying proceeding affecting the
license.
(b) The sole purpose of
the emergency suspension hearing will be to determine whether the individual
was charged with a mandatory disqualifying crime. Upon showing that an
individual was not charged with a mandatory disqualifying crime, the suspension
of the individual's license will be rescinded, otherwise the suspension will
remain in effect until final disposition of the charges.
(4) Discretionary Grounds for Denying,
Suspending or Revoking Private Investigator Licensure. The Department may deny
or revoke the licensure of any applicant or private investigator after written
notice and hearing, if requested, upon finding that an applicant or private
investigator:
(a) Fails to meet the minimum
standards for licensure as a private investigator as defined in OAR
259-061-0040;
(b) Has falsified any
information submitted on the application for licensure, including failing to
disclose any criminal convictions, or any other documents submitted to the
Department pertaining to private investigator licensure;
(c) Has violated any of the conditions of a
temporary or provisional license as described in ORS
703.401-703.995 and these
rules;
(d) Has failed to submit
properly completed forms or documentation in a time frame as designated by the
Department;
(e) Has failed to pay a
civil penalty or fee imposed by the Department when due;
(f) Has failed to comply with any provisions
found in ORS 703.401-703.995 or these
rules;
(g) Has failed to abide by
any of the requirements of conduct found ORS
703.450; or
(h) Lacks moral fitness. For the purposes of
this standard, the Department, through the Policy Committee and Board, has
defined lack of moral fitness as:
(A) Lack of
Character. Lack of character includes, but is not limited to, being
disrespectful, failing to be faithful and diligent to an investigative charge,
and failing to use discretion or compassion;
(B) Dishonesty. Lack of honesty includes, but
is not limited to, untruthfulness, dishonesty by admission or omission,
deception, misrepresentation or falsification;
(C) Failure to strive for justice. Failing to
strive for justice includes, but is not limited to, unjust treatment or being
partial, unfair or discriminatory;
(D) Lack of Public Trust. Failure to maintain
public trust and confidence includes, but is not limited to, acting in an
unlawful manner or not adhering to industry standards; or
(E) Lack of Respect for the Laws of this
State or Nation. Lack of respect for the laws of this state and nation includes
behavior which leads to an arrest or conviction within a ten-year period prior
to application or during licensure.
(5) Procedure for Denial or Revocation of
Licensure. Scope of Revocation. Whenever the Department revokes the licensure
of a private investigator under the provisions of this rule, the revocation
will encompass all private investigator licenses the Department has issued to
that person.
(6) Denial and
Revocation Procedure.
(a) Department
Initiated Review: Upon receipt of factual written information from any source
the Department may request that the Board deny, revoke or suspend the private
investigator's licensure.
(b)
Department Staff Review: When the Department receives information from any
source that a private investigator may not meet the established standards for
Oregon private investigators, the Department will review the request and
supporting factual information to determine if a sufficient factual basis
exists to support the request for denial, suspension or revocation of a private
investigator license under ORS
703.401-703.995 and these rules.
(A) If the Department determines that a
private investigator may have engaged in discretionary disqualifying
misconduct:
(i) The Department will seek
input from the affected private investigator by allowing the individual to
provide, in writing, information for review.
(ii) The Department may take action upon
discovery of discretionary disqualifying misconduct when consensus is reached
that the nature of the discretionary disqualifying misconduct is appropriate
for summary staff disposition or administrative closure.
(iii) If Department staff believes that a
private investigator may have engaged in discretionary disqualifying
misconduct, Department staff will review the conduct, including aggravating and
mitigating circumstances. If Department staff is unable to reach a consensus to
summarily dispose of or administratively close the case, the case will be
presented to the Board, through the Private Investigator Subcommittee and the
Policy Committee.
(B) In
making a decision to authorize initiation of proceedings under section (4) of
this rule based on discretionary disqualifying misconduct, Department staff,
the Private Investigator Subcommittee, the Policy Committee and Board will
consider mitigating and aggravating circumstances.
(c) Initiation of Proceedings: Upon
determination that a sufficient factual basis exists to support the request for
denial, suspension, or revocation of a private investigator license under ORS
703.401-703.995 or these administrative
rules, the Department will prepare and serve a contested case notice on the
private investigator.
(A) All contested case
notices will be prepared in accordance with the applicable provisions of the
Attorney General's Model Rules of Procedure adopted under OAR
259-005-0015.
(B) In discretionary
cases heard by a policy committee, the contested case notice will be served on
the private investigator prior to Board review. If the Board disapproves the
Policy Committee's recommendation, the Department will withdraw the contested
case notice.
(C) Applicants who
choose to withdraw their application forfeit their application fees.
(d) Response Time:
(A) A party who has been served with an
Emergency Suspension Order has 90 days from the date of mailing or personal
service of the Order in which to file a written request for hearing with the
Department.
(B) A party who has
been served with a Contested Case Notice of Intent to Deny Licensure has 60
days from the date of mailing or personal service of the notice in which to
file a written request for a hearing or a written request withdrawing their
application from consideration with the Department.
(C) A party who has been served with a
Contested Case Notice of Intent to Revoke Licensure has 20 days from the date
of the mailing or personal service in which to file a written request for
hearing with the Department.
(e) Default Orders:
(A) If a timely request for a hearing is not
received, the Contested Case Notice will become a final order denying or
revoking licensure pursuant to OAR 137-003-0672.
(B) If a timely request for a hearing is not
received in cases heard by a policy committee, the Contested Case Notice will
become a final order denying or revoking certification pursuant to OAR
137-003-0672, pending Board affirmation.
(f) Final Order:
(A) A final order will be issued pursuant to
the applicable provisions of the Attorney General's Model Rules of Procedure
adopted under OAR 259-005-0015 if a private investigator fails to file
exceptions and arguments within 20 days of issuance of the proposed order.
(B) Department-proposed amendments
to the proposed order in a case that was originally heard by a policy committee
must be considered and approved by the policy committee that originally
reviewed the case before a final order is issued.
(g) Stipulated Order Revoking Licensure: The
Department may enter a stipulated order revoking licensure of a private
investigator upon the person's voluntary agreement to terminate an
administrative proceeding to revoke a license, or to surrender a license, under
the terms and conditions provided in the stipulated order.
(7) Appeals, Ineligibility Period and
Reconsideration. Appeal Procedure: Applicants and private investigators
aggrieved by the findings and Order of the Department may file an appeal with
the Court of Appeals from the Final Order of the Department, as provided in ORS
183.480.
(8) Upon denial or revocation of a licensure,
an individual is ineligible to reapply for future licensure for a period of
three years from the date of the final order issued by the Department.
(a) Any applicant reapplying for licensure
must reapply in accordance OAR 259-061-0020.
(b) Pursuant to ORS
703.465(4), an
applicant reapplying for licensure must prove by a preponderance of the
evidence that the grounds for the denial or revocation no longer
exist.
(c) In reconsidering the
application of an applicant whose certification or licensure was previously
denied or revoked for discretionary grounds, the Department, the Policy
Committee and the Board may consider mitigating and aggravating
circumstances.
(d) The Board's
decision to deny an application for reconsideration will be subject to the
contested case procedure described under subsection (6) of this
rule.
Stat. Auth.: ORS
703.480
Stats. Implemented:
703.480
