Oregon Administrative Rules|Section 259-060-0010 - Definitions

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) "Accreditation Program Manager" means a person who is designated as the administrator of an employer accredited training program and is primary liaison with the Department.
 
(2) "Alarm Monitor Private Security Professional" means a private security professional certified to monitor or process alarms in an alarm monitoring facility.
 
(3) "Alarm Monitoring Facility" means any organization, contract or proprietary, with the primary responsibility of reviewing incoming traffic transmitted to alarm receiving equipment and following up with actions that may include notification of public agencies to address imminent threats related to public safety. This does not include: 
(a) Facilities that monitor only production or environmental signals not directly impacting public safety;
 
(b) Proprietary alarm systems being monitored by certified private security professionals that generate an internal response by another certified private security professional;
 
(c) Facilities that monitor Personal Emergency Response Systems (PERS) only;
 
(d) Facilities utilizing alarms that never generate a response from a public safety agency; or
 
(e) Facilities, whose alarm monitors are not required to be certified in Oregon, providing temporary assistance to an alarm monitoring facility, whose alarm monitors are certified by DPSST, when alarm monitoring services are required to be rerouted due to an unexpected facility outage or an emergency.
 
(4) "Applicant" means an individual who is applying for or renewing certification or licensure as a private security provider.
 
(5) "Armed Private Security Professional" means a private security professional who is certified to provide private security services and may possess or have access to a firearm at any time while performing private security services.
 
(6) "Assessments" means a Department-approved curriculum given to private security providers that includes, but is not limited to, the demonstration of task-related skills learned in the classroom instruction as applied to hypothetical situations.
 
(7) "Board" means the Board on Public Safety Standards and Training.
 
(8) "Certification" or "Certified" means recognition by the Department that a private security professional meets all the qualifications listed in ORS 181A.855 and these rules.
 
(9) "Confrontational Activity" means the exertion of physical control by detaining individuals.
 
(10) "Consideration" means something of value promised, given or done that has the effect of making an agreement to provide private security services.
 
(11) "Criminal Disposition" includes a conviction, violation, adjudication, civil compromise, an entered plea of guilty or no contest, or a finding of guilty except for insanity or its equivalent, for any violation of a criminal law in this state or any other jurisdiction.
 
(12) "Crowd Management or Guest Services" means duties performed during an organized event, including pre-event assembly and post-event departure activities relating to the organized event that involve:
(a) Directing people attending an organized event;
 
(b) Allowing entry into or exit out of an organized event or any area within the established confines of an organized event that requires authorized access; or
 
(c) Screening individuals for entry into an organized event. Screening does not include physical pat-down searches.
 
(13) "De Minimis" means non-monetary compensation received by a volunteer performing private security services for a non-profit organization as defined in ORS 181A.845. The compensation may not exceed a fair market value of $125 per day.
 
(14) "Denial" or "Deny" means the Department's refusal to grant private security certification or issue a license to an applicant who fails to meet the minimum standards for certification or licensure as identified in OAR 259-060-0020, including the mandatory and discretionary disqualifying misconduct identified in OAR 259-060-0300, OAR 259-060-0310 and OAR 259-060-0320.
 
(15) "Department" and "DPSST" means the Department of Public Safety Standards and Training.
 
(16) "Director" means the Director of the Department of Public Safety Standards and Training.
 
(17) "Employer" means: 
(a) An individual who employs persons to provide private security services;
 
(b) An owner or owners of a business or entity that provides private security services; or
 
(c) An owner or owners of a business or entity who employs persons to provide private security services.
 
 
(18) "Event and Entertainment Private Security Professional" means a private security professional who is certified to provide private security services solely for event or entertainment businesses or venues.
 
(19) "Event or Entertainment Businesses or Venues" include, but are not limited to:
(a) Bars, clubs or restaurants;
 
(b) Permanent event venues such as sports arenas, theaters or concert halls; or
 
(c) Temporary event venues or organized events such as fairs, festivals or parades.
 
(20) "Executive Manager" means a person: 
(a) Who is authorized to act on behalf of a company or business in matters of licensure and certification;
 
(b) Who is authorized to hire and terminate personnel;
 
(c) Whose primary responsibility is the management of certified private security professionals; and
 
(d) Who has final responsibility for a company's or business's compliance with the ORS 181A.840 to 181A.891.
 
(21) "Flagrant Violation" means an act by a provider, contractor, owner or manager who, after being notified of a violation, intentionally continues or repeats the violation within a 36 month period after the initial violation.
 
(22) "Fundamental" means a duty that is a basic task or function and may be low frequency, but is an essential component of a job.
 
(23) "Incidental or Temporary Action" means reaction to an unexpected occurrence that requires immediate response and occurs without regularity or expectation. These actions are not primary responsibilities and are for brief periods of time.
 
(24) "Instructor" means any person who has been certified by the Department as meeting the requirements to provide instruction to private security providers or applicants.
 
(25) "Jurisdiction" means any tribunal with authority to render a criminal disposition, including but not limited to municipal, state, federal including military, tribal tribunals, and any tribunal outside the United States or a United States owned territory where a criminal offense must be proven beyond a reasonable doubt.
 
(26) "License" or "Licensed" means recognition by the Department that an executive manager or supervisory manager meets the requirements listed in ORS 181A.855 and these rules.
 
(27) "Organized Event" means a temporary gathering of a crowd for a planned occasion or activity that occurs in a defined location during a specific time. An organized event has an established border or boundary.
 
(28) "Policy Committee" means the Private Security and Investigator Policy Committee.
 
(29) "Premises" means: 
(a) Land or buildings considered as a property, regardless if permanent or temporary; or
 
(b) With respect to a licensee of the Oregon Liquor and Cannabis Commission (OLCC), a permanent place where an OLCC license is held regularly or a location where licensees can gather for a temporary amount of time.
 
(30) "Primary Responsibility" means an activity that is fundamental to, and required or expected in, the regular course of employment and is not merely incidental to employment.
 
(31) "Private" as used in the Act means those activities intended for or restricted to the use of a particular person, group or interest, or belonging to or concerning an individual person, company or interest.
 
(32) "Private Security Professional" means an individual who performs, as the individual's primary responsibility, private security services for consideration, regardless of whether the individual, while performing private security services, is armed or unarmed or wears a uniform or plain clothes, and regardless of whether the individual is employed part-time or full-time to perform private security services.
 
(33) "Private Security Provider" means any individual who performs the functions of a private security professional, executive manager, supervisory manager or instructor.
 
(34) "Private Security Services" means the performance of at least one of the following activities: 
(a) Observing and reporting unlawful activity;
 
(b) Preventing or detecting theft or misappropriation of goods, money or other items of value;
 
(c) Protecting individuals or property, including, but not limited to proprietary information, from harm or misappropriation;
 
(d) Controlling access to premises being protected or, with respect to a licensee of the Oregon Liquor and Cannabis Commission, controlling access to premises at an entry to the premises or any portion of the premises where minors are prohibited;
 
(e) Securely moving prisoners;
 
(f) Taking enforcement action by detaining persons or placing persons under arrest under ORS 133.225; or
 
(g) Providing canine services for guarding premises or for detecting unlawful devices or substances.
 
(35) "Revocation" or "Revoke" means action taken by the Department to rescind the certification or licensure of a private security provider who fails to meet the minimum standards for certification or licensure as identified in OAR 259-060-0020, including the mandatory and discretionary disqualifying misconduct identified in OAR 259-060-0300, OAR 259-060-0310 and OAR 259-060-0320.
 
(36) "Supervisory Manager" means an employee of or a person supervised by an executive manager who has as a primary responsibility the supervision of certified private security professionals.
 
(37) "Surrender" means the voluntary relinquishment of private security certification or licensure to the Department.
 
(38) "Suspension" or "Suspend" means action taken by the Department in temporarily depriving the holder of a license or certificate that authorizes the individual to provide private security services.
 
(39) "Temporary Work Permit" means a temporary certification or licensure issued by an employing, licensed manager to allow a company to employ and deploy a private security professional, executive or supervisory manager while the application for certification or licensure is being processed.
 
(40) "The Act" means the Private Security Services Providers Act (ORS Chapter 181A.840 through 181A.995).
 
(41) "Unarmed Private Security Professional" means a private security professional who is certified to provide private security services and who does not possess or have access to a firearm at any time while performing private security services.
 
(42) "Violation" means an act or omission that is prohibited under the Act or these rules.
 
(43) "Withdraw" means action taken by the applicant or private security provider to remove an application from consideration.
 
Or. Admin. R. 259-060-0010
PS 9-1997, f. & cert. ef. 8-20-97; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 3-1999(Temp), f. & cert. ef. 3-9-99 thru 9-5-99; BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99; BPSST 3-2000, f. & cert. ef. 8-10-00; BPSST 8-2001(Temp), f. & cert. ef. 8-22-01 thru 2-18-02; BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru 2-18-02; BPSST 4-2002(Temp), f. & cert. ef. 2-25-02 thru 7-1-02; BPSST 13-2002, f. & cert. ef. 4-30-02; DPSST 4-2003, f. & cert. ef. 1-22-03; DPSST 11-2005, f. & cert. ef. 10-14-05; DPSST 6-2006, f. & cert. ef. 5-15-06; DPSST 4-2007, f. & cert. ef. 2-15-07; DPSST 11-2007, f. & cert. ef. 10-15-07; DPSST 6-2008, f. & cert. ef. 4-15-08; DPSST 25-2012, f. 10-26-12, cert. ef. 11-1-12; DPSST 28-2012, f. & cert. ef. 12-24-12; DPSST 12-2013, f. & cert. ef. 6-24-13; DPSST 3-2015, f & cert. ef. 1-5-15; DPSST 8-2015, f. & cert. ef. 3-24-15; DPSST 20-2015, f. & cert. ef. 12-22-15; DPSST 7-2016, f. & cert. ef. 6-22-16; DPSST 2-2017, f. & cert. ef. 3-22-17; DPSST 3-2018, amend filed 01/29/2018, effective 2/1/2018; DPSST 65-2018, amend filed 10/25/2018, effective 10/25/2018; DPSST 68-2018, amend filed 10/25/2018, effective 1/1/2019; DPSST 2-2020, amend filed 01/24/2020, effective 1/24/2020; DPSST 31-2020, amend filed 11/06/2020, effective 1/1/2021; DPSST 13-2021, minor correction filed 08/05/2021, effective 8/5/2021
Statutory/Other Authority: ORS 181A.870
 
Statutes/Other Implemented: ORS 181A.840 & ORS 181A.870
This section was updated on 9/9/2021 by overlay.