OAR 259-060-0320
Grounds to Deny, Revoke, Suspend or Refuse to Renew Armed Private Security Professional Certification, Private Security Instructor Certification, and Executive or Supervisory Manager Licensure

(1)

The Board has established moral fitness standards that it has determined are critical to upholding the public’s trust in the private security profession, protecting the public and ensuring that the conduct of a private security provider or an applicant does not reflect adversely on the private security profession. The Board finds by adopting this rule that a violation of these standards is substantially related to the duties performed by a certified armed private security professional, a certified private security instructor or a licensed executive or supervisory manager.

(2)

The Department must deny, revoke or refuse to renew certification as an armed private security professional or private security instructor or licensure as an executive or supervisory manager when the Department determines that the private security provider or applicant:

(a)

Is required to register or is registered as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction), 163A.020 (Reporting by sex offender upon moving into state) or 163A.025 (Reporting by sex offender adjudicated in juvenile court);

(b)

Has been convicted of a crime listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) or convicted of a crime in any other jurisdiction in which the underlying conduct would satisfy the elements of a crime listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) if the act was committed in this state, and less than 10 years have passed since the final date of completion for all resulting imprisonment, parole, probation and post-prison supervision;

(c)

Has been convicted of a crime for any offense, other than the mandatory grounds defined in subsection (b) above, for which a maximum term of imprisonment of more than one year may be imposed under the law of the jurisdiction where the conviction occurred, and less than four years have passed since the final date of completion for all resulting imprisonment, parole, probation and post-prison supervision; or

(d)

Fails to meet the minimum standards for armed certification as an armed private security professional or a private security firearms instructor pursuant to OAR 259-060-0020 (Minimum Standards for Certification or Licensure).

(3)

The Department may deny, revoke or refuse to renew certification as an armed private security professional or private security instructor or licensure as an executive or supervisory manager when the Department determines that the private security provider or applicant:
(a) Violated the moral fitness standards for armed private security professionals, private security instructors and executive or supervisory managers by:
(A) Engaging in conduct that includes dishonesty or deceit, sexual misconduct, drug related misconduct, destruction of property, illegal use or possession of a deadly weapon, or violence, abuse or neglect against a person or animal where the conduct occurred within the 10 years prior to certification or licensure or while certified or licensed;
(B) Engaging in conduct that resulted in a criminal disposition, other than convictions constituting mandatory grounds as defined in section (2) of this rule, that includes dishonesty or deceit, a sexual offense, a drug offense, destruction of property, illegal use or possession of a deadly weapon, or violence, abuse or neglect against a person or animal where the conduct occurred within the 10 years prior to certification or licensure or while certified or licensed;
(C) Engaging in conduct that resulted in a criminal disposition for any violation of criminal law where the conduct occurred while providing private security services and within the 10 years prior to certification or licensure or while certified or licensed; or
(D) Engaging in conduct while providing private security services that constitutes harassment, stalking, intimidation, bullying, intentional or reckless physical harm or threatening harm of a person or group of people.

(b)

Falsified any information submitted on the application for certification or licensure or any documents submitted to the Department pertaining to private security certification or licensure;

(c)

Failed to meet or failed to comply with any provisions found in the Act or these rules other than a failure to satisfy minimum standards constituting the basis for mandatory grounds as defined in section (2)(d) of this rule; or

(d)

Failed to pay a civil penalty or fee imposed by the Board when due.

(4)

The Department may suspend and may refuse to renew a private security provider’s certification or license upon finding that the private security provider has been charged with a crime that is grounds for denial or revocation as defined in sections (2) and (3) of this rule. If the Department finds there is a serious danger to the public health or safety, the Department may immediately suspend the certification pursuant to OAR 137-003-0560 (Emergency License Suspension, Refusal to Renew). The report of a charge may be in any form and from any source.

(5)

When the Department denies, revokes, suspends or refuses to renew certification as an armed private security professional or private security instructor or licensure as an executive or supervisory manager for the mandatory or discretionary grounds defined in this rule, the denial, revocation, suspension or refusal to renew will be administered in accordance with OAR 259-060-0380 (Issuance of Notice of Intent/Request for Hearing and Contested Case Procedures).

Source: Rule 259-060-0320 — Grounds to Deny, Revoke, Suspend or Refuse to Renew Armed Private Security Professional Certification, Private Security Instructor Certification, and Executive or Supervisory Manager Licensure, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=259-060-0320.

259‑060‑0005
Objectives 259‑060‑0010
Definitions 259‑060‑0015
Private Security Provider Duties, Exemptions and Prohibited Acts 259‑060‑0020
Minimum Standards for Certification or Licensure 259‑060‑0025
Application for Certification and Licensure 259‑060‑0030
Temporary Assignments 259‑060‑0060
Minimum Standards for Training 259‑060‑0090
Challenge of Alarm Monitor Classroom Instruction and Assessment Module 259‑060‑0092
Accreditation of Private Security Training Programs 259‑060‑0120
Private Security Professional Requirements for Certification 259‑060‑0130
Private Security Executive Manager and Supervisory Manager Licensure and Responsibilities 259‑060‑0135
Private Security Instructor Requirements for Certification 259‑060‑0136
Private Security Instructor Responsibilities 259‑060‑0145
Crowd Management or Guest Services 259‑060‑0200
Employer Responsibilities 259‑060‑0300
Grounds to Deny, Revoke, Suspend or Refuse to Renew Alarm Monitor Professional Certification 259‑060‑0310
Grounds to Deny, Revoke, Suspend or Refuse to Renew Unarmed Private Security Professional Certification and Event and Entertainment Private Security Professional Certification 259‑060‑0320
Grounds to Deny, Revoke, Suspend or Refuse to Renew Armed Private Security Professional Certification, Private Security Instructor Certification, and Executive or Supervisory Manager Licensure 259‑060‑0350
Department Review for Denial, Revocation, Suspension or Refusal to Renew 259‑060‑0360
Surrender of a Private Security Provider Certification or License 259‑060‑0370
Emergency Suspension / Refusal to Renew / Denial - Private Security Certifications and Emotional Fitness 259‑060‑0380
Issuance of Notice of Intent/Request for Hearing and Contested Case Procedures 259‑060‑0450
Compliance 259‑060‑0500
Fees and Payments 259‑060‑0600
Forms
Last Updated

Jun. 8, 2021

Rule 259-060-0320’s source at or​.us