Or. Admin. Code § 259-059-0420

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

Section 259-059-0420 - Department Review for Denial, Refusal to Renew, Revocation, or Suspension of a Private Security Entity License

(1) When the Department receives information from any source that an applicant or licensee may not meet the established standards for private security entity licensure, the Department will review the information to determine if substantial evidence exists to support denial, refusal to renew, revocation, or suspension of the license under ORS 181A.840 to 181A.918 or OAR Chapter 259 Division 59. Receipt of information may include, but is not limited to:

(a) Information obtained through an investigation of the applicant's or licensee's character, competence, and reliability for the issuance or renewal of a license;

(b) Notification from any governmental agency that the applicant or licensee has unsatisfied final judgments of the court or final orders issued which require the payment of unpaid wages to private security providers, non-compliance with business tax requirements, or a violation of ORS 181A.914;

(c) Any protest of the issuance or renewal of a license; or

(d) Any complaint submitted to the Department alleging that an applicant or licensee may have violated ORS 181A.840 to 181A.918 or OAR Chapter 259 Division 59.

(2) If the Department determines that an applicant or licensee may have violated ORS 181A.840 to 181A.918 or OAR Chapter 259 Division 59, the Department will serve the applicant or licensee with a preliminary notification of denial, refusal to renew, revocation, or suspension. The preliminary notification provides the applicant or licensee an opportunity to respond in writing to the Department's preliminary notification to deny, refuse to renew, revoke, or suspend the license, and provides the opportunity for the applicant or licensee to surrender the license or withdraw the application for licensure.

(a) The applicant or licensee will have 10 business days from the date of the Department's preliminary notification to provide a written response.

(b) If the applicant or licensee does not provide a written response within 10 business days, the Department will proceed with reviewing the information available and making a determination.

(3) After the opportunity to submit a written response, the Department must consider the totality of the case, which includes the violations and any aggravating or mitigating circumstances unique to the case.

(a) When the Department determines that the circumstances unique to the case mitigate the adverse impacts of the violation, the Department may issue the private security entity license or take no action to deny, refuse, revoke, or suspend the license.

(b) When the Department determines that the circumstances unique to the case do not mitigate the adverse impacts of the violation, the Department will prepare and serve a Notice of Intent on the applicant or licensee in accordance with OAR 259-059-0410 through 259-059-0440.

(4) Ineligibility Periods. When a license is denied, refused renewal, or revoked, the Final Order issued by the Department will state the ineligibility period. Except when the license is permanently revoked, the maximum ineligibility period the Department may prescribe is three years from the date of the Final Order denying, refusing to renew, or revoking the license.

(5) The administrative rules in effect on the date the Department or the Board determines that the applicant or licensee violated the standards for licensure will continue to apply until the Final Order has been issued and all appeal rights have been exhausted regardless of whether the administrative rules have been subsequently amended or repealed.

Or. Admin. Code § 259-059-0420

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