OAR 259-008-0065
Maintenance of Law Enforcement Officer Certification

(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 required maintenance training hours.
(2) The requirements established by the Board for the completion of training to maintain certification apply to law enforcement officers who are currently employed and currently certified.
(a) Maintenance training is required for police officers.
(b) Effective January 1, 2017, maintenance training will be recommended for corrections officers, parole and probation officers and regulatory specialists. Effective January 1, 2020 maintenance training for corrections officers, parole and probation officers and regulatory specialists will be required.
(c) Certifications cannot be maintained when a law enforcement officer is not employed in a certifiable position.

(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 (Maintenance of Certification for Telecommunicators and Emergency Medical Dispatchers). 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 training cycle for each law enforcement officer upon issuance of a basic certification.
(a) The 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 pursuant to OAR 259-008-0067 (Lapse and Expiration of Public Safety Professional Certifications), a new maintenance training 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 training cycle to indicate the requirement for Leadership maintenance training.
(7) In order to maintain certification, a law enforcement officer must:
(a) Maintain current First Aid and CPR certifications; and
(b) Complete a minimum of 84 hours of agency approved training prior to the expiration of the established maintenance training cycle.
(A) The 84 hours of agency approved training must include a minimum of eight hours of Firearms or Use of Force related training completed annually.
(B) Effective January 1, 2017, it is recommended that law enforcement officers complete a minimum of one hour of Ethics training annually. Effective January 1, 2020, a minimum of one hour of ethics training will be an annual training requirement to maintain certification. Ethics training hours will be applied toward the minimum requirement to complete 84 hours of agency approved training within the three year maintenance cycle.
(C) Effective October 1, 2017, it is recommended that law enforcement officers complete a minimum of three hours of Mental Health/Crisis Intervention related training prior to the expiration of the established maintenance training cycle. Effective January 1, 2020, completion of a minimum of three hours of Mental Health/Crisis Intervention related training prior to the expiration of the established maintenance training cycle will be a requirement to maintain certification. Mental Health/Crisis Intervention training hours will be applied toward the minimum requirement to complete 84 hours of agency approved training within the three year maintenance cycle.
(D) If a law enforcement officer holds supervisory certification, the law enforcement officer will be required to complete 24 hours of Leadership training. Leadership training hours will be applied toward the minimum requirement to complete 84 hours of agency approved training within the three year maintenance cycle.
(E) The remaining hours of the required 84 total training hours may include additional Firearms or Use of Force, Leadership, Ethics, Mental Health/Crisis Intervention or Other training.
(c) Failure to maintain First Aid and CPR certifications may result in suspension of the law enforcement officer’s certifications pursuant to section (10) of this rule.
(d) Failure to complete eight hours of Firearms or Use of Force training annually may result in suspension of the law enforcement officer’s certifications pursuant to section (10) of this rule.
(e) Failure to complete 24 hours of Leadership training for a law enforcement officer who holds supervisory certification may result in suspension of the law enforcement officer’s supervision, management and executive certifications pursuant to section (10) of this rule.
(8) Documentation of Maintenance Training.
(a) The employing agency must maintain documentation of required maintenance training and First Aid and CPR certifications on each law enforcement officer.
(b) First Aid and CPR certification expiration dates must be reported to the Department through a Department approved submission process to document a law enforcement officer’s maintenance of current First Aid and CPR certifications.
(c) Training hours used to complete the requirements for maintenance of certification must be reported to the Department through a Department approved submission process using either of the following:
(A) A Course Attendance Roster. When an agency submits a course attendance roster to the Department pursuant to OAR 259-008-0090 (Training Records) (Training Records), the training will be entered into each law enforcement officer’s DPSST training record and the training hours will be credited to the maintenance training category identified on the course attendance roster; or
(B) A Maintenance Training Log. When an agency submits a maintenance training log to document the completion of maintenance training hours and First Aid and CPR certification, the maintenance training log will be used solely to verify completion of maintenance training requirements and training hours will not be added to the law enforcement officer’s DPSST training record.
(d) 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.
(e) 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.
(f) The Department will update the law enforcement officer’s DPSST training record to reflect the law enforcement officer’s completion of the maintenance training requirements for certification.
(9) Maintenance Training 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 (Personnel Actions, DPSST Numbers and Use of Legal Name).
(b) When a law enforcement officer is on leave, their certifications will not lapse pursuant to 259-008-0067 (Lapse and Expiration of Public Safety Professional Certifications).
(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 maintenance training 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 First Aid and CPR certifications.
(g) Failure to complete the maintenance training 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 training requirements for certification.
(a) When a law enforcement officer is identified as deficient for the three year maintenance training cycle, annual Firearms or Use of Force training, expired First Aid and CPR certifications or Leadership training, 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 certification requirements identified as deficient or to request a time extension.
(c) When a law enforcement officer fails to complete the deficient maintenance training 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 (Grounds for denial, suspension or revocation of application or certification of person or accreditation of program)(c) and these rules. A copy of the Notice of Intent will be sent to the law enforcement officer’s employing agency.
(d) 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 (Rules of Procedures).
(e) 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.
(f) Default Order. If the required training 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 (Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing).
(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 required three year maintenance training 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 training cycle.
(d) A time extension for a deficient three year maintenance training cycle does not change the three year period for the following maintenance training cycle.
(e) If a law enforcement officer fails to complete the deficient maintenance training 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 training requirements.
(b) Prior to reinstatement of certifications from a suspension for failure to meet certification maintenance training requirements, a law enforcement officer must meet the minimum employment, training and certification requirements outlined in OAR Chapter 259 Division 008.

Source: Rule 259-008-0065 — Maintenance of Law Enforcement Officer Certification, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=259-008-0065.

259‑008‑0000
Policies and Objectives 259‑008‑0001
Board and Department Policies for the Impacts of COVID-19 259‑008‑0005
Definitions 259‑008‑0010
Minimum Standards for Employment as a Law Enforcement Officer or Utilization as a Reserve Officer 259‑008‑0011
Minimum Standards for Employment as a Telecommunicator and Emergency Medical Dispatcher 259‑008‑0015
Background Investigation 259‑008‑0017
Public Records 259‑008‑0018
Authorized Signer / Signature Authority 259‑008‑0020
Personnel Actions, DPSST Numbers and Use of Legal Name 259‑008‑0025
Minimum Standards for Training 259‑008‑0040
Period of Service 259‑008‑0045
Education Credits 259‑008‑0060
Public Safety Officer Certification 259‑008‑0064
Maintenance of Certification for Telecommunicators and Emergency Medical Dispatchers 259‑008‑0065
Maintenance of Law Enforcement Officer Certification 259‑008‑0067
Lapse and Expiration of Public Safety Professional Certifications 259‑008‑0069
Tribal Law Enforcement 259‑008‑0075
Determinations of Eligibility to be a Candidate for Election to the Office of Sheriff 259‑008‑0076
Eligibility Requirements for Police Chief 259‑008‑0078
Eligibility Requirements for Limited Duration, Administrative Positions 259‑008‑0080
Instructors for Mandated Training 259‑008‑0085
Minimum Standards for Mandated Courses 259‑008‑0090
Training Records 259‑008‑0100
Miscellaneous Activities of the Board or Department 259‑008‑0110
Prohibited Use of Force Training 259‑008‑0200
Civil Penalties 259‑008‑0220
Sanctions, Generally 259‑008‑0250
Notice of Civil Penalty 259‑008‑0290
Denial of Public Safety Professional Certifications for Pre-employment Criminal Dispositions 259‑008‑0300
Grounds for Denial, Revocation or Emergency Suspension of Public Safety Professional Certifications 259‑008‑0310
Denial/Revocation - Initiation and Review of a Professional Standards Case 259‑008‑0320
Scope of Denial/Revocation and Eligibility for Certification Following Denial/Revocation 259‑008‑0330
Surrendering Certifications 259‑008‑0340
Issuance of Notice of Intent/Request for Hearing and Contested Case Procedures 259‑008‑0400
Review of Complaints
Last Updated

Jun. 8, 2021

Rule 259-008-0065’s source at or​.us