Or. Admin. Code § 259-009-0120 - Grounds for Denial or Revocation
(1) The Board recognizes the core values of
integrity and professionalism as critical to upholding the public's trust in
the certification of fire service professionals, protecting the public, and
ensuring that the conduct of a certified fire service professional or an
applicant does not reflect adversely on the fire service as a public safety
profession. The Board finds by adopting this rule that a violation of these
standards is substantially related to certification as a fire service
professional and a violation of the core values of integrity and
professionalism.
(2) The Department
must deny or revoke a fire service professional 's certifications based upon a
finding that:
(a) The fire service
professional has been convicted in this state of a crime listed in ORS 137.700
or in any other jurisdiction of a crime that, if committed in this state, would
constitute a crime listed in 137.700;
(b) The fire service professional has a
conviction in any jurisdiction for any offense involving a bias or hate
crime;
(c) The fire service
professional is a sex offender pursuant to ORS 163A.005(6); or
(d) The fire service professional has been
discharged for cause from employment as a fire service professional . For the
purposes of this rule, "for cause" means engaging in intentional conduct while
training, while on-duty or while performing the duties of a fire service
professional that constitutes any of the following:
(A) Interference in a Fire Investigation:
Includes the creation or use of falsified evidence, reports or records, and
includes false testimony;
(B) Theft
or Fraud: Includes theft of services or property, embezzlement, misuse of
resources, or falsification of contracts, reports or records;
(C) Intimidation: Includes wrongfully
compelling an individual to abstain from doing, or to do, any act that the
individual has a legal right to do or abstain from doing;
(D) Corruption: Includes the abuse of a fire
service professional 's authority for personal gain, to gain advantage for a
public or private safety agency or to attempt or succeed in depriving another
person or persons of their legal rights;
(E) Neglect of Duty: Includes an intentional
or reckless failure to perform any mandatory duty as required by law, knowingly
performing an act which the fire service professional knows to be forbidden by
law to perform, or behavior that endangers the health and safety of the
employee or others;
(F) Cheating:
Includes actual, intended, or attempted deception or dishonest action by a fire
service professional in relation to the administration or documentation of any
training, testing or certification;
(G) Discrimination: Discrimination includes a
course of conduct or a single egregious act that evidences discrimination based
on the fire service professional 's perception of a person's race, color,
national origin, sex, religion, age, disability or any other protected class as
defined by state or federal law;
(H) Harassment, including Sexual Harassment:
Includes unwanted, unwelcomed and uninvited behavior that demeans, threatens or
offends the victim and results in a hostile environment for the
victim;
(I) Abuse, including Sexual
Abuse: Includes physical or mental maltreatment that results in mental,
emotional, sexual or physical injury; or
(J) Use of illegal drugs.
(3) The Department may
deny or revoke a fire service professional 's certifications based upon a
finding that:
(a) The fire service
professional falsified any information submitted on the application for
certification or on any documents submitted to the Board or
Department ;
(b)
(A) The fire service professional has a
conviction for any offense, other than the mandatory grounds defined in section
(2) of this rule, 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
(B) The conviction
occurred while certified or within the 10 years prior to application for
certification; or
(c)
(A) The fire service professional has a
conviction for any offense, other than the mandatory grounds defined in section
(2) of this rule, for which a maximum term of imprisonment of not more than one
year may be imposed under the law of the jurisdiction where the conviction
occurred;
(B) The conviction
occurred while certified or within the 5 years prior to application for
certification; and
(C) The crime or
the underlying conduct includes dishonesty or deceit, a sexual offense, a drug
offense, discrimination, destruction of property, a crime against a public
agency, illegal use or possession of a deadly weapon, or violence, abuse or
neglect against a person or animal.
(4) The certification standards defined in
administrative rule in effect on the date the Department or the Board
determined that the fire service professional violated the standards for
certification will continue to apply until the Final Order has been issued and
all appeal rights have been exhausted regardless of whether the certification
standards have been subsequently amended or repealed.
(5) Any Board or Department action to deny or
revoke a fire service professional 's certifications will be administered in
accordance with OAR 259-009-0115 through OAR 259-009-0130 and the applicable
provisions of the Attorney General's Model Rules of Procedure adopted under OAR
259-005-0015.
Notes
Statutory/Other Authority: ORS 181A.410
Statutes/Other Implemented: ORS 181A.410, ORS 181A.630, ORS 181A.640 & ORS 181A.650
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