Or. Admin. Code § 259-061-0005

Current through Register Vol. 63, No. 11, November 1, 2024

Section 259-061-0005 - Definitions

(1) "Administrative Termination" means the Department has stopped the processing of an application due to non-response from applicant or noncompliance with the application requirements or the requirements of these rules."

(2) "Board" means Board on Public Safety Standards and Training.

(3) "Complainant" means any person or group of persons who file(s) a complaint. The Department may, on its own action, initiate a complaint.

(4) "Complaint" means a specific charge filed with the Department that a licensed investigator or candidate thereto, or any person apparently operating as an investigator without a license, has committed an act in violation of ORS Chapter 703 or OAR chapter 259.

(5) "Committee" means the Private Security and Investigator Policy Committee.

(6) "Department" means the Department of Public Safety Standards and Training.

(7) "Disciplinary Procedure" means all action up to the final resolution of a complaint after the issuance of a "Notice of Intent."

(8) "Employee," as used in ORS 703.401 to 703.490, means a person who is employed lawfully by an employer. The employer controls the performance of that person; pays the salary, unemployment insurance, and worker's compensation insurance; and has sole authority to fire and control work hours and the conditions of work. "Employee" in this context does not include a person engaged as an independent contractor.

(9) "Expired license": A license is considered expired on the date of expiration. A person may not practice as an investigator with an expired license.

(10) "Hours of experience" means documented clock hours.

(11) "Investigatory work" means any work performed in accordance with ORS 703.401(2).

(12) "Licensee" or "Licensed Investigator", as used in OAR 259-061-0005 through 259-061-0300 means a person licensed as an investigator under ORS 703.430.

(13) "Private investigator" is a licensed investigator who has completed a minimum of 1500 documented clock hours of investigatory work experience or an approved course of study or a combination of work and study as approved by the Department.

(14) "Provisional investigator" is a licensed investigator who has completed fewer than 1500 documented clock hours of investigatory work experience, or an approved course of study, or a combination of work and study as approved by the Department; and who may not employ or supervise other investigators. Under 1997 and 1999 editions of governing statute, this type of investigator was referred to as a "Registered Operative."

(15) "Respondent" means an investigator who is a licensee or candidate for licensure, or any person apparently operating as an investigator without a license, against whom a complaint has been filed.

(16) "Stipulated Agreement" means a written agreement entered into between the Department and a respondent.

(17) "Violation" means a violation of Oregon Revised Statutes or Oregon Administrative Rules as they pertain to the licensing requirements of investigators in the state of Oregon.

Or. Admin. Code § 259-061-0005

DPSST 7-2006, f. & cert. ef. 5-15-06; DPSST 2-2015, f. & cert. ef. 1/5/2015; DPSST 9-2023, amend filed 10/26/2023, effective 10/26/2023

Statutory/Other Authority: ORS 703.401 & 703.480

Statutes/Other Implemented: ORS 703.401 & 703.480