State Police

ORS 181A.640
Grounds for denial, suspension or revocation of application or certification of person or accreditation of program

  • rules

(1)

The Department of Public Safety Standards and Training may deny the application for training, or deny, suspend or revoke the certification, of any public safety officer or instructor, except a youth correction officer or fire service professional, after written notice and hearing consistent with the provisions of ORS 181A.630 (Procedure for denial, suspension or revocation of application or certification), based upon a finding that:

(a)

The public safety officer or instructor falsified any information submitted on the application for certification or on any documents submitted to the Board on Public Safety Standards and Training or the department.

(b)

The public safety officer or instructor has been convicted of a crime or violation in this state or any other jurisdiction.

(c)

The public safety officer or instructor does not meet the applicable minimum standards, minimum training or the terms and conditions established under ORS 181A.410 (Minimum standards and training for certification) (1)(a) to (d).

(d)

The public safety officer failed to comply with ORS 181A.790 (Policy relating to use of deadly physical force) (3)(b).

(2)

The department shall deny the application for training or deny, suspend or revoke the certification of a police officer, after written notice and hearing consistent with the provisions of ORS 181A.630 (Procedure for denial, suspension or revocation of application or certification), based upon a finding that:

(a)

The officer has a conviction for any offense designated under the law of the jurisdiction where the conviction occurred as being punishable as a felony or as a crime for which a maximum term of imprisonment of more than one year may be imposed;

(b)

The officer has a conviction in any jurisdiction for any offense involving the unlawful use, possession, delivery or manufacture of a controlled substance, narcotic or dangerous drug, except for offenses involving the use or possession of marijuana;

(c)

The officer has a conviction in any jurisdiction for any offense involving domestic violence, as defined in ORS 135.230 (Definitions for ORS 135);

(d)

The officer has a conviction in any jurisdiction for any offense involving abuse, as defined in ORS 107.705 (Definitions for ORS 107), of a child who is under 18 years of age and is a natural child, adopted child, stepchild, a child under the guardianship of, or a child who regularly resides or formerly resided in the same household as, the officer;

(e)

The officer is a sex offender as defined in ORS 163A.005 (Definitions for ORS 163A); or

(f)

The officer has been discharged for cause from employment as a police officer as a result of intentional conduct performed under the color of office to:

(A)

Obtain false confessions;

(B)

Make false arrests;

(C)

Create or use falsified evidence, including false testimony, or to destroy evidence to create a false impression;

(D)

Compel a person to abstain from doing, or to do, any act that the person has a legal right to do or abstain from doing;

(E)

Deprive, or attempt to deprive, another person or persons of their legal rights;

(F)

Gain advantage for a public or private safety agency or for personal gain;

(G)

Use force that was determined to be excessive or without justification;

(H)

Engage in the abuse of lawful authority; or

(I)

Engage in policing indicative of bias or discriminatory intent against an individual based on the individual’s real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity, sexual orientation, political affiliation, religion, homelessness or disability.

(3)

The department shall deny, suspend or revoke the certification of a fire service professional, after written notice and hearing consistent with the provisions of ORS 181A.630 (Procedure for denial, suspension or revocation of application or certification), based upon a finding that the fire service professional has been convicted in this state of a crime listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) or in any other jurisdiction of a crime that, if committed in this state, would constitute a crime listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences).

(4)

The department may deny, suspend or revoke the certification of any fire service professional after written notice and hearing consistent with the provisions of ORS 181A.630 (Procedure for denial, suspension or revocation of application or certification), based upon a finding:

(a)

That the fire service professional falsified any information submitted on the application for certification or on any documents submitted to the board or the department; or

(b)

Consistent with ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction), that the fire service professional is not fit to receive or hold the certification as a result of conviction of a crime in this state, or in any other jurisdiction, other than a crime described in subsection (3) of this section.

(5)

The department shall deny, suspend or revoke the certification of any public safety officer or instructor, except a youth correction officer, after written notice and hearing consistent with the provisions of ORS 181A.630 (Procedure for denial, suspension or revocation of application or certification), based upon a finding that the public safety officer or instructor has been discharged for cause from employment as a public safety officer.

(6)

The department, in consultation with the board, shall adopt rules specifying those crimes and violations for which a conviction requires the denial, suspension or revocation of the certification of a public safety officer or instructor.

(7)

Notwithstanding the lapse, suspension, revocation or surrender of the certification of a public safety officer or instructor, the department may:

(a)

Proceed with any investigation of, or any action or disciplinary proceedings against, the public safety officer or instructor; or

(b)

Revise or render void an order suspending or revoking the certification.

(8)

The department shall deny, suspend or revoke the accreditation of a training or educational program or any course, subject, facility or instruction thereof if the program, course, subject, facility or instruction is not in compliance with rules adopted or conditions prescribed under ORS 181A.410 (Minimum standards and training for certification) (1)(g) or 181A.590 (Certification of instructors) (3).

(9)

When the department completes an investigation relating to a person’s qualifications for employment, training or certification under this section, the department shall issue a report.

(10)

In cases involving a proposed denial of training or certification of a public safety officer or instructor by the department, the department has jurisdiction to proceed with any action against the public safety officer or instructor notwithstanding a subsequent change in the employment status of the officer or instructor, if:

(a)

The department has issued a notice of intent to deny training or certification; and

(b)

The officer or instructor has requested a hearing. [Formerly 181.662; 2020 s.s.1 c.7 §6; 2021 c.611 §11]

Notes of Decisions

Where petitioner was discharged for cause and denied his application for basic police certificate because of gross negligence and Board on Police Standards and Training interpreted rule to include preemployment conduct, interpretation not erroneous or inconsistent with this section. Bailey v. Board on Police Standards, 100 Or App 739, 788 P2d 1022 (1990)

Although Idaho convictions had been dismissed and later expunged, where Oregon law would not have authorized either dismissal or expunction for equivalent convictions, applicant had been convicted of crime. Delehant v. Board on Police Standards, 317 Or 273, 855 P2d 1088 (1993)

Knowingly falsifying information need not involve intent to deceive in order to justify denying or revoking certification. Pierce v. Dept. of Public Safety Standards and Training, 196 Or App 190, 100 P3d 1125 (2004)

Past conduct is relevant to determining whether person possesses present character and fitness that meets standards for certification. Cuff v. Department of Public Safety Standards and Training, 345 Or 462, 198 P3d 931 (2008)

Statute does not preclude Department of Public Safety Standards and Training from adopting rule that mandates revocation of certification of public safety officer under specified circumstances. Marolla v. Department of Public Safety Standards and Training, 245 Or App 226, 263 P3d 1034 (2011)

Source

Last accessed
May 30, 2023

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