OAR 259-060-0370: Emergency Suspension / Refusal to Renew / Denial - Private Security Certifications and Emotional Fitness

(1) The Department may request a certified armed private security professional or private security firearms instructor, or applicant for either certification, submit to a medical examination, conducted by an independent medical provider approved by the Department, to determine the emotional fitness of the applicant or certified private security provider if the Department receives information from another public agency that the applicant or certified private security provider poses a serious risk to public health and safety. (2) The Department will review the evaluation and determine if the applicant or certified private security provider poses a serious risk to public health and safety based on the evaluation and all other information obtained or received by the Department. (3) If the Department determines that the emotional state of the applicant or certified private security provider poses a serious risk to public health and safety based on existing information, the Department must deny the application or immediately suspend the certification. (a) For the purposes of this standard, evidence of a serious risk to public health and safety is defined as information that demonstrates the significant probability that a certified armed private security professional’s, private security firearms instructor’s, or applicant’s emotional state could result in unpredictable or violent behavior that could result in the serious injury or death of another person. (b) For the purposes of this standard, receipt of information from another public agency includes information from a city, county, state, tribal or federal government entity that was obtained through the submitting entity’s direct assessment of the individual’s emotional or mental state, or information that the submitting entity obtained through a request for an assessment of the individual’s emotional or mental state. The receipt of information does not include complaints that are forwarded to or received by the Department without any supporting documentation. (4) The Department will contact the affected private security provider or applicant in writing with the request for the individual to submit to a medical examination to determine emotional fitness within 14 days of the receipt of information from another public agency. (a) The applicant or private security provider will have 30 days from the date of the Department’s request to respond to the Department as either willing to participate in the medical examination or refusing the medical examination. Should the affected individual not provide a response within the 30 days or refuse further medical examination by the medical provider approved by the Department, the Department may proceed in reviewing the information available and making a determination. (b) Refusal to submit to a medical examination cannot be the sole basis for a determination that the affected individual poses a serious risk to public health and safety. (5) If the Department determines that the affected individual poses a serious risk to public health and safety, the Department will prepare and serve the applicant or private security provider with a Notice of Intent or an Emergency Suspension Order in accordance with OAR 259-060-0380. (6) The Department may refuse to renew certification as an armed private security professional or a private security firearms instructor for the grounds defined in this rule. Refusal to renew the certification will be administered in accordance with OAR 259-060-0380. (7) Any application for certification or renewal as an armed private security professional or a private security firearms instructor submitted by an individual whose certification was denied or suspended under this rule will be denied or refused until the Department has been provided with satisfactory evidence that the applicant no longer poses a serious risk to public health and safety. (8) The denial, refusal to renew or emergency suspension of an individual’s armed private security professional certification or private security firearms instructor certification under this rule will not impact the individual’s ability to apply for other private security provider certifications or licenses.