Bill Text: OR HB2043 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to jurisdiction in cases of denial; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-03-18 - Chapter 6, (2013 Laws): Effective date March 18, 2013. [HB2043 Detail]
Download: Oregon-2013-HB2043-Introduced.html
Bill Title: Relating to jurisdiction in cases of denial; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-03-18 - Chapter 6, (2013 Laws): Effective date March 18, 2013. [HB2043 Detail]
Download: Oregon-2013-HB2043-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } . LC 333 House Bill 2043 Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of Governor John A. Kitzhaber, M.D., for Department of Public Safety Standards and Training) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Continues jurisdiction of Department of Public Safety Standards and Training over cases in which public safety officer or instructor was denied training or certification, notwithstanding subsequent change in employment status of officer or instructor. Declares emergency, effective on passage. A BILL FOR AN ACT Relating to jurisdiction in cases of denial; amending ORS 181.662; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 181.662 is amended to read: 181.662. (1) The Department of Public Safety Standards and Training may deny the application for training, or deny, suspend or revoke the certification, of any { - instructor or - } public safety officer { + or instructor + }, except a youth correction officer or fire service professional, after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding that: (a) The public safety officer or instructor falsified any information submitted on the application for certification or on any documents submitted to the Board on Public Safety Standards and Training or the department. (b) The public safety officer or instructor has been convicted of a crime or violation in this state or any other jurisdiction. (c) The public safety officer or instructor does not meet the applicable minimum standards, minimum training or the terms and conditions established under ORS 181.640 (1)(a) to (d). (d) The public safety officer failed to comply with ORS 181.789 (3)(b). (2) The department shall deny, suspend or revoke the certification of a fire service professional, after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding that the fire service professional has been convicted in this state of a crime listed in ORS 137.700 or in any other jurisdiction of a crime that, if committed in this state, would constitute a crime listed in ORS 137.700. (3) The department may deny, suspend or revoke the certification of any fire service professional after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding: (a) That the fire service professional falsified any information submitted on the application for certification or on any documents submitted to the board or the department; or (b) Consistent with ORS 670.280, that the fire service professional is not fit to receive or hold the certification as a result of conviction of a crime in this state, or in any other jurisdiction, other than a crime described in subsection (2) of this section. (4) The department shall deny, suspend or revoke the certification of any public safety officer or instructor, except a youth correction officer, after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding that the public safety officer or instructor has been discharged for cause from employment as a public safety officer. (5) The department, in consultation with the board, shall adopt rules specifying those crimes and violations for which a conviction requires the denial, suspension or revocation of the certification of a public safety officer or instructor. (6) Notwithstanding the lapse, suspension, revocation or surrender of the certification of a public safety officer or instructor, the department may: (a) Proceed with any investigation of, or any action or disciplinary proceedings against, the public safety officer or instructor; or (b) Revise or render void an order suspending or revoking the certification. (7) The department shall deny, suspend or revoke the accreditation of a training or educational program or any course, subject, facility or instruction thereof if the program, course, subject, facility or instruction is not in compliance with rules adopted or conditions prescribed under ORS 181.640 (1)(g) or 181.650 (3). (8) When the department completes an investigation relating to a person's qualifications for employment, training or certification under this section, the department shall issue a report. { + (9) In cases involving a proposed denial of training or certification of a public safety officer or instructor by the department, the department has jurisdiction to proceed with any action against the public safety officer or instructor notwithstanding a subsequent change in the employment status of the officer or instructor, if: (a) The department has issued a notice of intent to deny training or certification; and (b) The officer or instructor has requested a hearing. + } SECTION 2. { + This 2013 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2013 Act takes effect on its passage. + } ----------