Or. Admin. Code § 259-060-0370 - Emergency Suspension / Refusal to Renew / Denial - Private Security Certifications and Emotional Fitness
(1)
The Department may request a certified armed private security professional or
private security firearms instructor, or applicant for either certification,
submit to a medical examination, conducted by an independent medical provider
approved by the Department, to determine the emotional fitness of the applicant
or certified private security provider if the Department receives information
from another public agency that the applicant or certified private security
provider poses a serious risk to public health and safety.
(2) The Department will review the evaluation
and determine if the applicant or certified private security provider poses a
serious risk to public health and safety based on the evaluation and all other
information obtained or received by the Department.
(3) If the Department determines that the
emotional state of the applicant or certified private security provider poses a
serious risk to public health and safety based on existing information, the
Department must deny the application or immediately suspend the certification.
(a) For the purposes of this standard,
evidence of a serious risk to public health and safety is defined as
information that demonstrates the significant probability that a certified
armed private security professional's, private security firearms instructor's,
or applicant's emotional state could result in unpredictable or violent
behavior that could result in the serious injury or death of another
person.
(b) For the purposes of
this standard, receipt of information from another public agency includes
information from a city, county, state, tribal or federal government entity
that was obtained through the submitting entity's direct assessment of the
individual's emotional or mental state, or information that the submitting
entity obtained through a request for an assessment of the individual's
emotional or mental state. The receipt of information does not include
complaints that are forwarded to or received by the Department without any
supporting documentation.
(4) The Department will contact the affected
private security provider or applicant in writing with the request for the
individual to submit to a medical examination to determine emotional fitness
within 14 days of the receipt of information from another public agency.
(a) The applicant or private security
provider will have 30 days from the date of the Department's request to respond
to the Department as either willing to participate in the medical examination
or refusing the medical examination. Should the affected individual not provide
a response within the 30 days or refuse further medical examination by the
medical provider approved by the Department, the Department may proceed in
reviewing the information available and making a determination.
(b) Refusal to submit to a medical
examination cannot be the sole basis for a determination that the affected
individual poses a serious risk to public health and safety.
(5) If the Department determines
that the affected individual poses a serious risk to public health and safety,
the Department will prepare and serve the applicant or private security
provider with a Notice of Intent or an Emergency Suspension Order in accordance
with OAR 259-060-0380.
(6) The
Department may refuse to renew certification as an armed private security
professional or a private security firearms instructor for the grounds defined
in this rule. Refusal to renew the certification will be administered in
accordance with OAR 259-060-0380.
(7) Any application for certification or
renewal as an armed private security professional or a private security
firearms instructor submitted by an individual whose certification was denied
or suspended under this rule will be denied or refused until the Department has
been provided with satisfactory evidence that the applicant no longer poses a
serious risk to public health and safety.
(8) The denial, refusal to renew or emergency
suspension of an individual's armed private security professional certification
or private security firearms instructor certification under this rule will not
impact the individual's ability to apply for other private security provider
certifications or licenses.
Notes
Statutory/Other Authority: ORS 181A.870
Statutes/Other Implemented: ORS 181A.870
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.