State Police

ORS 181A.655
Civil penalties relating to certification

  • rules
  • immunity from civil liability


(1)

The Department of Public Safety Standards and Training may impose a civil penalty on a public safety agency for violation of ORS 181A.490 (Certification of police officers and certified reserve officers), 181A.520 (Certification of corrections officers), 181A.530 (Certification of parole and probation officers) or 181A.560 (Certification of telecommunicators and emergency medical dispatchers).

(2)

The department shall recommend and the Board on Public Safety Standards and Training by rule shall adopt a schedule establishing civil penalties that may be imposed under subsection (1) of this section. Civil penalties imposed under subsection (1) of this section may not exceed $1,500 for each violation.

(3)

When the department imposes a civil penalty under subsection (1) of this section, the department shall impose the penalty in the manner provided by ORS 183.745 (Civil penalty procedures).

(4)

All penalties recovered under subsection (1) of this section shall be paid into the State Treasury and credited to the General Fund and are available for general governmental expenses.

(5)

When, for the purpose of complying with ORS 181A.490 (Certification of police officers and certified reserve officers), 181A.520 (Certification of corrections officers), 181A.530 (Certification of parole and probation officers) or 181A.560 (Certification of telecommunicators and emergency medical dispatchers) and after notice from the department that an employee has not met the certification requirements of ORS 181A.490 (Certification of police officers and certified reserve officers), 181A.520 (Certification of corrections officers), 181A.530 (Certification of parole and probation officers) or 181A.560 (Certification of telecommunicators and emergency medical dispatchers), a public safety agency terminates or reassigns the employee solely because the employee has not met the certification requirements of ORS 181A.490 (Certification of police officers and certified reserve officers), 181A.520 (Certification of corrections officers), 181A.530 (Certification of parole and probation officers) or 181A.560 (Certification of telecommunicators and emergency medical dispatchers), the public safety agency is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from civil liability for the termination or reassignment. [Formerly 181.679]

Source

Last accessed
May 30, 2023