77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
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)
CHAPTER ................
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
Enrolled House Bill 2043 (HB 2043-INTRO) Page 1
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. + }
----------
Enrolled House Bill 2043 (HB 2043-INTRO) Page 2
Passed by House February 13, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate March 11, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2043 (HB 2043-INTRO) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2043 (HB 2043-INTRO) Page 4