Or. Admin. Code § 259-080-0005 - Oregon Fallen Law Enforcement Memorial
(1) The Oregon Fallen Law Enforcement
Memorial was established to honor law enforcement officers killed in the line
of duty.
(2) The Board on Public
Safety Standards and Training (Board) designates the following public safety
personnel classifications as law enforcement officers who may be honored on the
Oregon Fallen Law Enforcement Memorial:
(a)
Police officers, reserve officers, corrections officers, parole and probation
officers, and regulatory specialists, as each term is defined in ORS 181A.355;
and
(b) Federal law enforcement
officers assigned to or performing law enforcement duties in Oregon.
(3) The Board may find a law
enforcement officer eligible for recognition on the Oregon Fallen Law
Enforcement Memorial when the potential honoree's death is a direct and
proximate result of:
(a) An injury that the
law enforcement officer sustained while performing, attempting to perform, or
as a result of performing a line of duty activity as defined in section (4) of
this rule;
(b) An act committed
against the law enforcement officer because of their position as a law
enforcement officer; or
(c) Any
other circumstances that the Board determines are appropriate for
inclusion.
(4) The
following definitions and interpretations apply to each potential honoree:
(a) A "line of duty activity" is an activity
or action that the law enforcement officer is authorized or obligated to
perform by law, rule, regulation, or condition of employment or service and is
directly related to the protection of life or property or the preservation of
public order.
(b) A law
enforcement officer's on or off duty status does not affect the interpretation
of the definition of a line of duty activity.
(c) A death that is a direct and proximate
result of training for a line of duty activity may be considered sufficient
cause for inclusion.
(d) Inclusion
on the National Law Enforcement Officers Memorial will be considered sufficient
cause for inclusion on the Oregon Fallen Law Enforcement Memorial.
(e) Deaths attributed to natural causes,
deaths attributed to voluntary alcohol or controlled substance abuse, deaths
caused by gross negligence or intentional misconduct, and deaths caused by the
officer's intention to bring about their own death are not eligible for
inclusion on the Oregon Fallen Law Enforcement Memorial.
(5) Applications to have a law enforcement
officer recognized on the Oregon Fallen Law Enforcement Memorial must be
submitted by the potential honoree's employer or a recognized public safety
officer association.
(6) The
application must include supporting documentation. Documentation may include
but is not limited to death certificates, police reports, coroner or medical
examiner reports, newspaper articles, documents that evidence the payment of
death benefits, sworn statements or affidavits submitted by persons having
firsthand knowledge or pertinent facts and circumstances, historical records,
or other written documentation found acceptable by the Board.
(7) The Board will consider each complete
application to determine if sufficient documentation exists to satisfy the
criteria for inclusion as defined in this rule. The Board may at its discretion
approve, deny, or remand an application for additional documentation. The
Board's decision will be determined by a majority vote.
(8) Inclusion on the Oregon Fallen Law
Enforcement Memorial is a privilege and not a right, and the decision of the
Board is final and non-appealable.
(9) The Board's criteria for including a law
enforcement officer's name on the Oregon Fallen Law Enforcement Memorial are
separate and distinct from the line of duty death criteria used by other
entities or programs, including local and national law enforcement memorials
and any benefits program. Acceptance for inclusion on the Oregon Fallen Law
Enforcement Memorial in no way impacts decisions made by another entity or
program. Conversely, the determination that a potential honoree is entitled to
such benefits or privileges does not necessarily entitle the officer to
inclusion on the Oregon Fallen Law Enforcement Memorial.
Notes
Statutory/Other Authority: ORS 181A.675
Statutes/Other Implemented: ORS 181A.675
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