OAR 259-060-0015: Private Security Provider Duties, Exemptions and Prohibited Acts

(1) A person may not act as a private security provider unless that person is certified or licensed under the PSSPA and these rules. (a) Certified armed and unarmed private security professionals are not required to be certified as an event and entertainment private security professional in order to perform or provide private security services for an event or entertainment business or venue. (b) An event and entertainment private security professional is not authorized to perform or provide private security services for any entity that is not an entertainment business or venue unless the individual is also certified, as appropriate, as an alarm monitor, armed or unarmed private security professional. (c) A private security professional is not authorized to independently contract with businesses or entities to provide services as a private security professional unless the professional is also licensed as an executive manager. (d) A supervisory manager is not authorized to independently contract with businesses or entities to provide services as a supervisory manager unless the supervisory manager is also licensed as an executive manager. (2) Private security providers must have in their possession their DPSST issued certification, license, or temporary work permit (Form PS-20) while performing the functions of a private security provider and must be able to present their certification, license, or temporary work permit to any DPSST staff member, law enforcement officer or Oregon Liquor and Cannabis Commission agent upon demand, or any other person, upon reasonable request. (3) Persons described in ORS 181A.845 are exempt from regulation as private security providers. (a) The exemption found in ORS 181A.845(1)(L) does not apply to an individual who has the primary responsibility of controlling access to premises at an entry to the premises or any portion of the premises where minors are prohibited. (b) The exemption found in ORS 181A.845(1)(k) applies to individuals performing crowd management or guest services inside the established confines of an organized event and who are not armed, permitted to initiate confrontational activities, or hired with the primary responsibility of taking enforcement action as described in ORS 181A.840(9)(f). (c) The exemption found in ORS 181A.845(1)(c) includes individuals providing private security services through a contract or sub-contract for the federal government while the individual is performing the duties of the office or employment. (4) Private security providers are prohibited from: (a) Carrying a concealed weapon while providing security services unless currently certified as an armed private security professional and licensed under ORS 166.291; and (b) Using the Department logo or their license or certification to represent themselves as an agent, authorizing representative or employee of the Department. (5) For purposes of these administrative rules, these prohibitions apply to any business, employer, or entity that provides private security services within this state regardless of whether the business, employer, or entity is located in this state. (6) Change of Information. (a) An applicant or private security provider must notify the Department within 14 calendar days of any change of address by using Form PS-23. (b) Executive managers must notify the Department when a private security provider is hired and when the private security provider’s employment status changes due to a resignation or termination. Submission of the Form PS-23 is required for terminations of employment where the private security provider may have violated the PSSPA or these rules. (c) Executive managers must submit a completed Form PS-24 within 48 hours of a change when: (A) Beginning employment or entering a contract with an employer as an executive manager; and (B) Terminating employment or completing a contract for an employer as an executive manager. (7) Notification of Being Charged with a Crime. (a) Pursuant to ORS 181A.885, any private security provider or applicant who is charged with a crime must notify their employer or, if not employed, the Department no later than 48 hours after the charge is filed. (b) If an executive manager knows that an employee has been charged with a crime, the executive manager must notify the department of that fact no later than 48 hours after the executive manager acquired the knowledge. (c) The notification may be made by telephone or in writing. Notification must include the charges, the county and state where the charges occurred, the date of the charges, the arresting agency, and the date of arrest. The Department may request additional documentation. (8) Should any certified armed private security provider become ineligible to purchase, own or possess a firearm, the provider and the manager, employer or supervisor of the provider must notify the Department in writing within 48 hours of the circumstances causing the ineligibility. The notification must list all facts known and must identify a person whom the Department may contact for additional information.