Or. Admin. Code § 259-059-0080

Current through Register Vol. 63, No. 12, December 1, 2024

Section 259-059-0080 - Character, Competence, and Reliability

(1) To determine if a license will be issued or renewed, the Department must conduct an investigation of each applicant's character, competence, and reliability, and any other matter related to the manner and method by which the applicant proposes to conduct and conducted operations as a private security entity.

(2) The Department may not issue or renew a license to operate as a private security entity until the Department is satisfied as to the applicant's character, competence, and reliability.

(3) Evidence of unsatisfactory character, competence, or reliability includes committing an unlawful act or violating or failing to comply with any provision of ORS 181A.840 to 181A.918. For the purposes of these rules, the Department's investigation may include, but is not limited to, a review of the following for consideration:

(a) Having an entity representative or any other person who is financially interested in the operations of the private security entity who, within the past three years:

(A) Had a private security provider certification or license denied, refused renewal, revoked, or suspended for the grounds found in OAR 259-060-0300, 259-060-0310, or 259-060,0320;

(B) Had a private security entity license denied, refused renewal, revoked, or suspended, or otherwise violated ORS 181A.840 to 181A.918 or OAR Chapter 259 Division 59; or

(C) Has been the subject of a Department investigation for a violation of ORS 181A.840 to 181A.918, OAR Chapter 259 Division 59, or OAR Chapter 259 Division 60.

(b) Failing to file or furnish all forms and other information required by ORS 181A.840 to 181A.918 or OAR Chapter 259 Division 59;

(c) Failing to comply with business tax requirements;

(d) Failing to comply with any of the federal, state, or local laws identified in ORS 181A.913 and OAR 259-059-0160, as evidenced by receipt of a final order or judgement;

(e) Failing to maintain general liability insurance as required by ORS 181A.900 and OAR 259-059-0120;

(f) Failing to maintain proof of ability to pay wages as required by ORS 181A.900 and OAR 259-059-0130;

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

(h) Failing 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;

(i) Failing to promptly satisfy any judgments levied against the applicant or licensee;

(j) Failing to notify the Department of a change of information as required by OAR 259-059-0190;

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

(l) Any other violation of ORS 181A.840 to 181A.918 or OAR Chapter 259 Division 59.

(4) When evidence of unsatisfactory character, competence, or reliability is identified, the Department may be satisfied upon consideration of mitigating circumstances and corrective actions taken by the applicant or licensee.

(5) The Department may conduct an investigation of an applicant or licensee when the Department receives a protest, a complaint or any other information that demonstrates lack of character, competence, or reliability to operate as a private security entity.

(6) A change in the entity representative may constitute a change in the Department's determination to issue or renew a license. The Department may conduct an investigation of the applicant or licensee when there is change of the entity representative.

(7) Any Department action to deny, refuse to renew, revoke, or suspend a license based on the findings of the Department's investigation of the applicant's or licensee's character, competence, and reliability 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.

Or. Admin. Code § 259-059-0080

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