OAR 259-060-0350: Department Review for Denial, Revocation, Suspension or Refusal to Renew

(1) When the Department receives information from any source that a private security provider or an applicant may not meet the established standards for private security providers, the Department will review the information to determine if substantial evidence exists to support denial, revocation, refusal to renew or suspension of a private security certification or license under the PSSPA or these administrative rules. Receipt of information may include, but is not limited to: (a) Information obtained through a criminal background check, department investigations, official records submitted by the private security provider or applicant, or other reliable sources; (b) Information of an arrest, a criminal citation to appear or its equivalent, a conviction, or any other criminal disposition, of a certified or licensed private security provider or an applicant; (c) Information from an employer alleging that a certified or licensed private security provider or applicant may have violated the standards or requirements found in the PSSPA or these rules; or (d) Any complaint submitted to the Department alleging that a private security provider or applicant may have violated the standards or requirements found in the PSSPA or these rules. (2) The Department will not take action to revoke a currently certified or licensed private security provider or to deny an application for renewal submitted prior to expiration based on a criminal disposition or conduct that was previously reviewed and determined not to violate standards for private security provider certification and licensure or resulted in no action to deny or revoke certification or licensure using the administrative rules in effect at the time of the review. (a) Nothing in this rule precludes the Department from denying or revoking certification or licensure upon discovery of additional mandatory or discretionary grounds for denial or revocation. (b) Nothing in this rule precludes the Department from denying additional certification or licensure when a certified or licensed private security provider submits an application for additional certifications or licenses. (c) Nothing in this rule precludes the Department from denying an application to renew an expired certification or license. (d) Nothing in this rule precludes the Department from considering previous criminal dispositions or conduct as an aggravating circumstance in a separate discretionary review. (3) If the Department determines that the private security provider’s or the applicant’s conduct meets the definition of a mandatory disqualifier as defined in OAR 259-060-0300(2), OAR 259-060-0310(2) or OAR 259-060-0320(2), the Department will prepare and serve a Notice of Intent on the individual in accordance with OAR 259-060-0380. (4) If the Department determines that the private security provider’s or the applicant’s conduct meets the definition of a discretionary disqualifier as defined in OAR 259-060-0300(3), OAR 259-060-0310(3) or OAR 259-060-0320(3), the Department will serve the private security provider or applicant with a preliminary notification of denial or revocation. The preliminary notification provides the private security provider or applicant an opportunity to respond in writing to the Department’s preliminary notification to deny or revoke and provides the opportunity to surrender the certification or license or to withdraw the application for certification or licensure. (a) The individual will have 10 business days from the date of the Department’s preliminary notification to provide a written response. (b) If the individual does not provide a written response within the 10 business days, the Department will proceed in reviewing the information available and making a determination. (5) In cases involving a discretionary moral fitness violation as defined in OAR 259-060-0300(3)(a), OAR 259-060-0310(3)(a) or OAR 259-060-0320(3)(a), after the opportunity to submit a written response, the Department must consider the aggravating and mitigating circumstances unique to the case. (a) Aggravating and mitigating circumstances are conditions, factors or actions that increase or decrease the total impact that the violation has when determining whether or not a private security provider or applicant meets the moral fitness standards for certification or licensure. (A) Aggravating circumstances generally increase the severity of the moral fitness violation and may, in addition to the moral fitness violation, be grounds to deny or revoke certification or licensure. Circumstances that may be considered aggravating include, but are not limited to, the degree of the criminal disposition, prior criminal dispositions or misconduct, lack of accountability, number of persons involved in the underlying conduct, number of separate incidents, passage of time from date of incident or incidents, if the conduct occurred while providing or performing privates security services or any other circumstance the Department considers aggravating given the specific issues in the case. (B) Mitigating circumstances do not excuse or justify the conduct, but generally decrease the severity of the moral fitness violation. Circumstances that may be considered mitigating include, but are not limited to, written letters of support, truthfulness, cooperation during the incident or investigation, or any other circumstance the Department considers mitigating given the specific issues in the case. (b) When the Department determines that the circumstances unique to the case mitigate the adverse impacts of the moral fitness violation, the Department may approve the provider’s or applicant’s certification or licensure or take no action to revoke the provider’s certification or license. (c) When the Department determines that the circumstances unique to the case do not mitigate the adverse impacts of the moral fitness violation, the Department will prepare and serve a Notice of Intent on the individual in accordance with OAR 259-060-0380. (6) The moral fitness standards defined in administrative rule in effect on the date the Department or the Board determined that the applicant or private security provider violated the moral fitness standards for certification and licensure will continue to apply until the Final Order has been issued and all appeal rights have been exhausted regardless of whether the moral fitness standards have been subsequently amended or repealed.