OAR 259-008-0080: Instructors for Mandated Training

(1) Definitions. For the purposes of this rule: (a) “Instructor” means an individual, including volunteer or loaned personnel, who is employed or utilized by DPSST or the Department of Corrections for the instruction of any portion of a Board-approved curriculum for a mandated training course, including the following: (A) The DPSST basic police, corrections, parole and probation, regulatory specialist, telecommunications or emergency medical dispatcher courses, excluding field training; (B) The Department of Corrections basic corrections course, excluding field training; (C) The career officer development courses, excluding field training; (D) A DPSST instructor development course; or (E) The DPSST supervision leadership academy or organizational leadership management course. (b) “Employer” means DPSST or the Department of Corrections. (2) These instructor employment and certification requirements do not apply to individuals assigned by a public or private safety agency to instruct non-mandated training, training required to maintain DPSST-issued public safety professional certifications or a field training manual. (3) Instructors must be certified prior to being assigned primary responsibility for the instruction of any portion of a Board-approved curriculum for a mandated training course. (a) Primary responsibility for instruction means that the instructor is the certified instructor of record for the course completion documentation identified in OAR 259-008-0085. (b) The employer delivering the mandated training course is responsible for ensuring that certified instructors are assigned to the topics that they are qualified to instruct. (4) When an employer hires or separates an instructor, the employer must report the personnel action to the Department, on a form provided by the Department, within 10 business days of the employment or utilization status change. (5) The employer must conduct a background investigation on each individual being considered for employment or utilization as an instructor. (6) DPSST Instructor Certification. To be eligible for certification as an instructor, an individual must: (a) Be currently employed or utilized as an instructor; (b) Have experience that meets the requisite knowledge, skills and abilities to perform the duties of an instructor as determined by the employer; (c) Successfully complete employer specific instructor development training: (A) Instructors employed or utilized by the Department must successfully complete the Board-approved Adult Learning Core Course as defined in OAR 259-008-0085. (B) Instructors employed or utilized by another employer must successfully complete instructor development training or possess, as determined by the employer, the knowledge and skills needed to instruct the mandated course. (d) Never have had a public safety professional certification denied, suspended or revoked by the Department under OAR 259-008-0300; (e) Not have any convictions, criminal dispositions, or a history of conduct that would constitute a mandatory disqualifier as defined by section (9) of this rule; (f) As determined by the employer, not have any convictions, criminal dispositions, or a history of conduct that would adversely impact the instructor’s position as a role model, a leader within the public safety profession and a source of expertise for critical learning components; and (g) Submit an application for certification on a form provided by the Department. (7) Notification of Arrest or Criminal Citation to Appear. A certified instructor who is arrested, or receives a criminal citation to appear or its equivalent, for any offense punishable as a crime must notify the Department within five business days. Notification must be in writing and include the date of the arrest or citation, the location of the arrest or citation, the reason for the arrest or citation and the arresting or citing agency. (8) Expiration and Reactivation of DPSST Instructor Certification. (a) Notwithstanding subsection (d) below, an instructor’s certification will expire upon separation from a certifiable instructor position. (b) In order to become recertified as an instructor, an individual with an expired instructor certification must meet the instructor certification requirements as defined in section (6) and submit a new application for certification. (c) When an individual’s instructor certification has been expired for more than three years, the instructor must successfully recomplete or satisfy the applicable instructor certification training requirement found in subsection (6)(c) prior to the reissuance of certification. (d) The Department will stay the expiration of instructor certification for an instructor whose separation from a certifiable instructor position occurs while the individual’s public safety professional certification is under review pursuant to OAR 259-008-0300 or the individual’s instructor certification is under review pursuant to section (9) of this rule until a final determination has been made regarding the individual’s fitness for certification as an instructor or public safety professional. (9) Grounds to Deny or Revoke Instructor Certification. The Board has determined that the following conduct constitutes mandatory grounds for denial or revocation of instructor certification because such conduct violates public trust in the public safety profession, and violates the trust that students and their employers place in instructors as professional leaders and role models in public safety. The Department must deny or revoke an instructor’s certification upon a finding that: (a) The instructor intentionally falsified any information submitted on the application for instructor certification or on any documents submitted to the Board or the Department; (b) The instructor does not meet the applicable minimum standards, minimum training or the terms and conditions for instructors established under ORS 181A.410 as defined in OAR chapter 259 division 8; (c) The instructor’s public safety professional certifications have been denied, suspended or revoked pursuant to OAR 259-008-0300; (d) The instructor engaged in intentional conduct while performing the duties of an instructor that constitutes Instructor Misconduct and the conduct resulted in or coincided with any non-voluntary or voluntary separation of employment. Instructor Misconduct includes dishonesty or deception, harassment, discrimination, assisting a student to cheat, or falsifying documentation related to training, testing or certification; or (e) The instructor has a disqualifying criminal offense. Disqualifying criminal offenses are: (A) A conviction for any offense designated under the law of the jurisdiction where the conviction occurred as being punishable as a felony or as a crime for which a maximum term of imprisonment of more than one year may be imposed; (B) A conviction in any jurisdiction for any offense involving the unlawful use, possession, delivery or manufacture of a controlled substance, narcotic or dangerous drug; (C) A conviction in any jurisdiction for a bias or hate crime; (D) A conviction in any jurisdiction for any offense involving domestic violence. For the purposes of this rule, domestic violence includes abuse of a child, and the term “domestic violence” has the meaning given by ORS 135.230, the term “abuse” has the meaning given by ORS 107.705, and the term “child” means a child who is under 18 years of age and is a natural child, adopted child, stepchild, a child under the guardianship of, or a child who regularly resides or formerly resided in the same household as the instructor; or (E) The person is a sex offender pursuant to ORS 163A.005(6). (10) Denial and Revocation Processes. (a) Upon receipt or discovery of information that would lead an objectively reasonable person to conclude that an instructor engaged in conduct that is mandatory grounds for denial or revocation, as defined in section (9) of this rule, the Department will prepare and serve a Notice of Intent on the instructor. (b) Notice of Intent. The Department’s denial or revocation of an instructor’s certification will be administered in accordance with the applicable provisions of the Attorney General’s Model Rules of Procedure, adopted under OAR 259-005-0015, for Notice of Intent, Request for Hearing and Contested Case Procedure. (c) Scope. The Department’s denial or revocation of an instructor’s or applicant’s certification for subsection (9)(d) of this rule will only apply to the instructor certification. However, the application of this rule does not preclude the Department from denying, suspending or revoking any other certification or license in accordance with the rules established for denial, suspension or revocation for the other certification or license. (d) Ineligibility. An instructor whose certification is revoked pursuant to this rule is permanently ineligible for instructor certification. Any application for instructor certification submitted by an individual who has been denied or revoked pursuant to this rule will be denied in accordance with the applicable provisions of the Attorney General’s Model Rules of Procedure, adopted under OAR 259-005-0015, for Notice of Intent, Request for Hearing and Contested Case Procedure.