Or. Admin. Code § 291-041-0030

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

Section 291-041-0030 - Employees, Volunteers, Contractors and Other Agency Liaison

(1) When to Search: Except as provided in rule OAR 291-041-0015, a DOC employee, OCE employee or non-employee service provider may be requested to submit to personal search of their person, vehicle or other possessions on department property only when there is reasonable suspicion that the employee, or non-employee service provider is in possession of unauthorized property or contraband and that the search and confiscation is necessary to substantiate the suspected violation.

(2) Who is Involved in the Search:

(a) Upon reasonable suspicion, a functional unit manager or designee may request the security manager or officer-in-charge to conduct the search of a DOC employee, OCE employee, or non-emplolyee service provider, their vehicle, or other possessions. The DOC employee, OCE employee or non-employee service provider shall be present during the search of their vehicle or other possessions.

(b) DOC or OCE employees, or non-employee srevice providers will be afforded privacy during the search, which will be conducted in a professional manner so as to avoid any undue embarrassment or indignity to the individual.

(c) Refusal of a DOC or OCE employee to submit to a reasonable suspicion search may constitute grounds for disciplinary action.

(3) Searches conducted by DOC staff shall be the same gender as the DOC employee, OCE employee, or non-employee service provider.

Or. Admin. Code § 291-041-0030

CD 42-1978, f. 12-19-78, ef. 12-20-78; CD 24-1980, f. & ef. 7-3-80; CD 10-1981(Temp), f. & ef. 5-5-81; CD 42-1981, f. & ef. 10-30-81; CD 46-1985, f. & ef. 8-16-85; CD 12-1989, f. & cert. ef. 6-30-89; CD 4-1991, f. & cert. ef. 1-22-91; DOC 25-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-99; DOC 13-2000, f. & cert. ef. 6-19-00; DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08; DOC 5-2016, f. & cert. ef. 3/24/2016; DOC 2-2020, amend filed 01/29/2020, effective 1/31/2020

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & ORS 423.075

Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075