OAR 629-170-0020: State Forester’s Investigation

(1) Upon receipt of a request pursuant to OAR 629-170-0015, the State Forester may initiate an investigation into the events and circumstances leading to criminal charges against a firefighter. (2) The State Forester’s investigation must be focused on answering the following questions: (a) At the time of the alleged actions underlying the charge, was the firefighter performing fire suppression activities under the direction and control of the forester? (b) Did the alleged actions underlying the charge actually occur, and if so, were they directly related to the firefighter’s duties or performance of fire suppression activities? (c) Were the alleged actions of the firefighter within the range of reasonable fire suppression actions? (3) The State Forester may include in the investigation evidence from any credible source including, but not limited to, evidence gathered by other investigating entities. The State Forester has the sole responsibility to determine the validity and weight to be given any and all evidence.