Current through Register Vol. 63, No. 9, September 1, 2024
(1) It is the
responsibility of the Board to set the standards for law enforcement officer
training and the maintenance of certification for currently employed and
certified law enforcement officers.
(a) While
it is the responsibility of the Department to uphold those standards, each
agency may determine what training will be provided to meet the
standards.
(b) The Board recommends
that agencies provide training time and training opportunities to enable law
enforcement officers to meet the standards.
(2) The requirements established by the Board
to maintain certification apply to law enforcement officers who are currently
employed and certified.
(3) Law
enforcement officers who are multi-discipline certified in more than one law
enforcement officer discipline will be assigned one maintenance cycle and must
complete the requirements as defined in this rule.
(4) Law enforcement officers who are
multi-discipline certified as a telecommunicator or emergency medical
dispatcher must complete the requirements to maintain a law enforcement
discipline as defined in this rule and are also required to complete the
telecommunicator and emergency medical dispatcher maintenance requirements as
defined in OAR 259-008-0064. The same training may be used for more than one
discipline if the content is applicable to each discipline. It is the
responsibility of the department head to determine if the training is
appropriate for more than one discipline.
(5) The Department will establish a
three-year maintenance cycle for each law enforcement officer upon issuance of
a basic certification.
(a) The maintenance
cycle will begin on January 1st and end on December 31st of the third
year.
(b) Basic certifications
granted between January 1st and June 30th of the current year will have
maintenance cycles that are effective January 1st of the current
year.
(c) Basic certifications
granted between July 1st and December 31st of the current year will have
maintenance cycles that are effective January 1st of the following
year.
(d) If a law enforcement
officer's certifications lapse, a new maintenance cycle will be established
upon reissuance of a basic certification.
(6) Upon issuance of a supervisory
certification, the Department will update the law enforcement officer's current
maintenance cycle to indicate the requirement for Leadership maintenance
training.
(7) In order to maintain
certification, a law enforcement officer must:
(a) Maintain a certification in adult and
child cardiopulmonary resuscitation (CPR);
(b) Maintain a certification in First Aid;
and
(c) Complete a minimum of 84
hours of agency-approved training. The 84 hours of agency-approved training
must include:
(A) A minimum of eight hours of
Firearms or Use of Force related training completed annually;
(B) A minimum of one hour of Ethics training
completed annually;
(C) A minimum
of three hours of Mental Health/Crisis Intervention related training completed
within the three-year maintenance cycle;
(D) A minimum of two hours of Airway and
Circulatory Anatomy and Physiology training completed within the three-year
maintenance cycle. Airway and circulatory anatomy and physiology training
includes the risk of various holds on respiratory compromise, the signs of a
person in respiratory compromise, and the law enforcement officer's
responsibility to render or obtain aid;
(E) If a law enforcement officer holds
supervisory certification, a minimum of 24 hours of Leadership training
completed within the three-year maintenance cycle; and
(F) Any remaining training hours needed to
complete 84 hours of agency-approved training must be completed within the
three-year maintenance cycle and may include additional training in any of the
previously listed training categories or any other agency-approved
training.
(8)
Documentation of Completed Maintenance Requirements.
(a) The employing agency must:
(A) Maintain documentation for all of the
maintenance training and certification requirements;
(B) Report the expiration dates for the adult
and child CPR and First Aid certifications to the Department through a
Department-approved submission process; and
(C) Report the training and hours used to
complete the maintenance training requirements to the Department through a
Department-approved submission process. Training hours will be credited to the
maintenance training category identified on the course attendance
roster.
(b) Training
hours that have been added to a law enforcement officer's DPSST training record
as "passed" or "completed" may be used to meet maintenance training
requirements.
(c) Instructor hours
that have been added to a law enforcement officer's DPSST training record as
"instructed" represent the hours reported where the law enforcement officer was
the instructor for the training content and will not be used to meet
maintenance training requirements.
(d) The Department will update the law
enforcement officer's DPSST training record to reflect the completion of the
maintenance training and certification requirements.
(9) Maintenance Requirements for Law
Enforcement Officers on Leave.
(a) The
employing agency must notify the Department whenever a law enforcement officer
is on leave for 91 days or more pursuant to OAR 259-008-0020.
(b) When a law enforcement officer is on
leave, their certifications will not lapse pursuant to OAR
259-008-0067.
(c) A law enforcement
officer who is on leave for any period up to 180 days will have the same
maintenance training deadline as the date established prior to the law
enforcement officer's leave.
(d) A
law enforcement officer who is on leave for more than 180 days but less than
one year will receive a one-year extension from the maintenance training
deadline established prior to the law enforcement officer's leave.
(e) A law enforcement officer who is on leave
for more than one year will receive an extension of the maintenance training
deadline. The extension will be prorated, based on the duration of the law
enforcement officer's leave.
(f)
Beginning on the date a law enforcement officer returns to work from leave, a
law enforcement officer will have 30 days to complete the maintenance
requirements that will make their maintenance current for:
(A) Eight hours of Firearms or Use of Force
related training to be applied to the current year's annual training
requirement; and
(B) Current
certifications in adult and child CPR and First Aid.
(g) Failure to complete the maintenance
requirements to become current within 30 days of the law enforcement officer's
return to work from leave may result in a Notice of Intent to Suspend pursuant
to section (10) of this rule.
(10) Suspension for Failure to Meet
Maintenance Requirements for Certification.
(a) When a law enforcement officer is
identified as deficient for maintenance training requirements or a failure to
maintain certifications in adult and child CPR and First Aid, a deficiency
notice will be sent to the law enforcement officer and a copy of the deficiency
notice will be sent to the law enforcement officer's employing
agency.
(b) A law enforcement
officer has 30 days from the date of the deficiency notice to complete the
maintenance requirements identified as deficient or to request a time
extension.
(c) When a law
enforcement officer fails to complete the deficient maintenance requirement or
fails to request a time extension within 30 days of the date of the deficiency
notice, a Contested Case Notice of Intent to Suspend will be prepared by the
Department and served on the law enforcement officer pursuant to ORS
181A.640(1)(c)
and these rules. A copy of the Notice of Intent will be sent to the law
enforcement officer's employing agency.
(d) A Notice of Intent to Suspend based on a
deficiency that is only for Leadership training applies only to the law
enforcement officer's supervisory, management, and executive
certifications.
(e) 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.
(f) A law enforcement
officer who has been served with a Contested Case Notice of Intent to Suspend
has 30 days from the date of mailing or personal service of the notice to
provide documentation to the Department showing the completion of the
maintenance requirements identified as deficient during the reporting period or
to file a written request for hearing with the Department.
(g) Default Order. If the required training
or certification is not reported to the Department or a request for hearing
received by the Department within 30 days from the date of the mailing or
personal service of the Notice, the Contested Case Notice will become a final
order suspending certification pursuant to OAR 137-003-0672.
(11) Time Extensions.
(a) The Department may grant a time extension
for a law enforcement officer to complete the deficient maintenance training
requirements upon receipt of a written request from the law enforcement officer
or the agency. The written request must include an action plan for completing
the training requirements that were identified as deficient.
(b) No extension will be granted beyond
December 31st of the year following the expiration date of the three-year
maintenance cycle.
(c) Training
used to complete the deficiencies for a maintenance cycle that has been granted
a time extension cannot be applied toward the next maintenance cycle.
(d) A time extension for a deficient
three-year maintenance cycle does not change the three-year period for the
following maintenance cycle.
(e) If
a law enforcement officer fails to complete the deficient maintenance
requirements before the expiration of the time extension, a Notice of Intent to
Suspend will be served on the law enforcement officer by the
Department.
(12) A law
enforcement officer whose basic certification has been suspended is prohibited
from performing the duties of a law enforcement officer.
(13) Recertification following a suspension:
(a) Recertification following a suspension
may be obtained by submitting documentation to the Department showing
completion of the maintenance requirements.
(b) Prior to reinstatement of certifications
from a suspension for failure to meet certification maintenance requirements, a
law enforcement officer must meet the minimum employment, training and
certification requirements outlined in OAR Chapter 259 Division 008.
Statutory/Other Authority: ORS
181A.410
Statutes/Other Implemented: ORS
181A.410 & ORS
181A.440
