Or. Admin. Code § 259-008-0320

Current through Register Vol. 63, No. 10, October 1, 2024

Section 259-008-0320 - Scope of Denial/Revocation and Eligibility for Certification Following Denial/Revocation

(1) When the Department denies or revokes public safety professional certifications pursuant to OAR 259-008-0290 through OAR 259-008-0340, the denial or revocation will encompass all of the public safety professional certifications subject to OAR chapter 259 division 8.

(2) An individual denied or revoked for mandatory grounds is prohibited from performing the duties of a certifiable public safety professional and the individual is permanently ineligible for certification as a public safety professional.

(3) An individual denied or revoked for discretionary grounds is prohibited from performing the duties of a certifiable public safety professional and ineligible for public safety professional certifications until the prescribed ineligibility period has been satisfied.

(4) The first day of a discretionary denial or revocation ineligibility period is determined by the following circumstances:

(a) When certifications are denied or revoked for a criminal disposition that resulted from conduct that occurred prior to or after separation from employment as a public safety professional, the first day of the ineligibility period is the date of the conviction or the plea of guilt for a deferred sentence or other criminal disposition. When there is more than one criminal disposition determined to be a moral fitness violation, the most recent disposition will be used to determine the first day of the ineligibility period;

(b) When certifications are denied or revoked for any moral fitness violation concurrent to a separation of employment as a public safety professional, the first day of the ineligibility period is the date of the separation from the certifiable position as reported to the Department pursuant to OAR 259-008-0020; or

(c) When certifications are denied or revoked for any moral fitness violation that occurred during employment as a public safety professional and the public safety professional is employed in a certifiable position at the time of the Board's review, the first day of the ineligibility period is the date that the Board makes the final determination to deny or revoke. Periods of separation from a certifiable position as a result of the moral fitness violation will be applied to the satisfaction of the ineligibility period.

(5) Any application for training or certification submitted by an individual whose ineligibility period has not been satisfied will be denied pursuant to OAR 259-008-0340.

(6) In order to be eligible for the issuance of certifications after satisfying an ineligibility period, the individual must meet all of the minimum requirements for employment, training and certification as defined in OAR chapter 259 division 008.

Or. Admin. Code § 259-008-0320

DPSST 5-2020, adopt filed 02/10/2020, effective 5/1/2020; DPSST 30-2020, amend filed 10/22/2020, effective 11/1/2020

Statutory/Other Authority: ORS 181A.410, ORS 181A.640 & ORS 183.341

Statutes/Other Implemented: ORS 181A.410, ORS 181A.640, ORS 181A.630, ORS 181A.650 & ORS 183.341