Or. Admin. R. 259-059-0410

Current through Register Vol. 63, No. 5, May 1, 2024

Section 259-059-0410 - [Effective 5/28/2024] Grounds to Deny, Refuse to Renew, Revoke, or Suspend a Private Security Entity License

(1) The Department must deny, refuse to renew, revoke, or suspend a license when the Department finds that an applicant's or licensee's character, competence, or reliability are unsatisfactory under OAR 259-059-0080.

(2) The Department may deny, refuse to renew, revoke, or suspend a license when the Department determines that an applicant or licensee:

(a) Falsified any information submitted on the application for licensure or on any documents submitted to the Board or the Department;

(b) Intentionally altered a license or Temporary Authorization Form, or used another private security entity's license or Temporary Authorization Form;

(c) Knowingly permitted another private security entity to use the licensee's license or Temporary Authorization Form;

(d) Failed to cooperate or respond to the Department's investigative inquiries or requests for records relating to compliance with ORS 181A.840 to 181A.918 or OAR Chapter 259 Division 59;

(e) Failed to provide the Professional Workplace Training Course as required by ORS 181A.908 and OAR 259-059-0150;

(f) Failed to ensure armed private security professionals successfully complete a firearms qualification for each firearm make, model, and caliber that the armed private security professional will possess or have access to while performing private security services as required by ORS 181A.906 and OAR 259-059-0140;

(g) Discharged or discriminated in any way against a private security provider in violation of ORS 181A.914;

(h) Operated as a private security entity without a license in violation of ORS 181A.850;

(i) Failed to pay a civil penalty imposed by the Board when due;

(j) Received three or more civil penalties under ORS 181A.995 and OAR 259-059-0400; or

(k) Received an Emergency Suspension Order issued by the Department.

(3) Emergency Suspension. The Department must issue an Emergency Suspension Order immediately suspending a private security entity's license when the Department finds that there is a serious danger to public health and safety.

(4) Any Board or Department action to deny, refuse to renew, revoke, or suspend a private security entity's license will be administered in accordance with OAR 259-059-0410 through 259-059-0440 and the applicable provisions of the Attorney General's Model Rules of Procedure adopted under OAR 259-005-0015.

(5) Nothing in this rule precludes the Department from recommending the Board impose a civil penalty in lieu of denying, refusing to renew, revoking, or suspending a license.

Or. Admin. R. 259-059-0410

DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/1/2023 through 5/28/2024; DPSST 11-2023, temporary adopt filed 11/30/2023, effective 12/1/2023 through 5/28/2024; DPSST 5-2024, adopt filed 04/25/2024, effective 5/1/2024

Statutory/Other Authority: ORS 181A.870 & ORS 181A.900

Statutes/Other Implemented: ORS 181A.900, ORS 181A.902 & ORS 181A.995