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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 703 Truth Verification and Deception Detection; Investigators
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As used in ORS 703.010 to 703.320, unless the
context requires otherwise:
(1) “Board” means the Board on Public Safety Standards and Training.
(2) “Department” means the Department of Public Safety Standards
and Training.
(3) “Director” means the director of the department.
(4) “Internship” means the study by a trainee of polygraph
examinations and of the administration of polygraph examinations under
the personal supervision and control of a polygraph examiner in
accordance with the course of study prescribed by the board at the
commencement of such study.
(5) “Person” means any individual, firm, association, partnership
or corporation.
(6) “Polygraph examiner” means a person who purports to be able to
detect deception or verify the truth of statements through the use of
instrumentation or of a mechanical device that records visually,
permanently and simultaneously the cardiovascular pattern, the
respiratory pattern and the galvanic skin response of the individual
being examined.
(7) “Trainee” means a person licensed under ORS 703.010 to 703.320
to engage in an internship. [1975 c.608 §3; 1997 c.853 §45; 2003 c.777 §2](1) It is the purpose of ORS 703.010
to 703.320 to regulate all persons who purport to be able to detect
deception or to verify the truth of statements through the use of
instrumentation or mechanical devices, including but not limited to lie
detectors, polygraphs and deceptographs, that record visually,
permanently and simultaneously the cardiovascular pattern, the
respiratory pattern and the galvanic skin response of the individual
being examined.
(2) ORS 703.010 to 703.320 shall be liberally construed to regulate
all persons described in subsection (1) of this section. A person who
purports to be able to detect deception or to verify the truth of
statements is not exempt from the provisions of ORS 703.010 to 703.320
because of the terminology used to describe the person, the instruments
or mechanical devices of the person, or the nature of the services of the
person. [1975 c.608 §2; 1987 c.158 §149; 2003 c.777 §3](Licensing) No person,
including persons employed by a state agency or public body in this
state, may engage in conducting polygraph examinations, refer to that
person as a polygraph examiner or offer or advertise services as a
polygraph examiner unless that person is licensed under ORS 703.010 to
703.320 as a polygraph examiner. [1975 c.608 §4] There shall be two types of polygraph
examiner licenses:
(1) The trainee license permits the holder to engage in an
internship.
(2) The general license permits the holder to administer specific
issue examinations. [1975 c.608 §6] (1)
Applications for initial renewal or replacement licenses as polygraph
examiners or trainees under ORS 703.010 to 703.320 shall be submitted in
writing and under oath to the Department of Public Safety Standards and
Training, accompanied by the proper fee therefor specified in ORS 703.110.
(2) A fee submitted to the department may not be refunded. Each
application shall be in such form and require such information as the
department prescribes. [1975 c.608 §13; 1997 c.853 §46; 1999 c.59 §210] (1) To become a trainee an
applicant shall satisfy ORS 703.090 (1)(a) to (d) and have graduated from
a polygraph examiners course approved by the Department of Public Safety
Standards and Training.
(2) To receive a general license an applicant shall satisfy ORS
703.090 (1)(a) to (g). The trainee shall receive a general license upon
satisfaction of ORS 703.090 (1)(e) to (g). The department shall require
such proof as is necessary to establish satisfaction of the additional
requirements. [1975 c.608 §14; 1985 c.565 §118; 1997 c.853 §47](1) Any applicant for a license as a general polygraph
examiner must:
(a) Be at least 18 years of age;
(b) Be a citizen of the United States;
(c) Not have demonstrated, in the preceding 10 years, a course of
behavior that indicates a high degree of probability that the applicant
will be unlikely to perform the duties of a polygraph examiner in a
manner that would serve the interests of the public;
(d) If previously convicted for a criminal offense, provide
information, as required by the Department of Public Safety Standards and
Training, relating to the circumstances of the conviction. ORS 670.280 is
applicable when the department considers information provided under this
paragraph;
(e) Have received a baccalaureate degree from a college or
university that is accredited by the American Association of Collegiate
Registrars and Admissions Officers; or, in lieu thereof, be a graduate of
an accredited high school and have at least five years of active
investigative experience before the date of application;
(f) Have graduated from a polygraph examiners course approved by
the department and conforming to any minimum training standards approved
by the Board on Public Safety Standards and Training and have
satisfactorily completed at least 200 examinations, or have worked as a
polygraph examiner for a period of five years for a governmental agency
within the State of Oregon and have completed 200 examinations; and
(g) Have successfully completed an examination conducted by the
department to determine, consistent with any standards approved by the
board, competency to act as a polygraph examiner.
(2) For the purpose of requesting a state or nationwide criminal
records check under ORS 181.534, the Department of Public Safety
Standards and Training shall require each applicant to be fingerprinted
as part of the licensing procedure.
(3) Notwithstanding ORS 181.534 (5) and (6), the Department of
State Police shall maintain in the department’s files fingerprint cards
submitted to it for purposes of conducting a state or nationwide criminal
records check under ORS 181.534 on applicants for a license as a general
polygraph examiner.
(4) When the Department of Public Safety Standards and Training
refuses to issue a license based upon an applicant’s failure to meet the
requirements of subsection (1)(c) of this section, the department shall
prepare a concise, specific written statement of the facts supporting the
department’s conclusion that there is a high degree of probability that
the applicant will be unlikely to perform required duties in a manner
that would serve the interests of the public. A copy of the statement
shall be given to the applicant. [1975 c.608 §15; 1979 c.410 §9; 1997
c.853 §48; 2003 c.166 §4; 2005 c.730 §42] (1) Each polygraph examiner’s
license issued by the Department of Public Safety Standards and Training
under ORS 703.010 to 703.320 shall be issued for a period of one year.
The department may renew the license of a polygraph examiner, unless such
license has been suspended or revoked, upon compliance by the person with
such conditions as the department may prescribe.
(2) A person whose polygraph examiner’s license has expired may
obtain a renewal license without examination upon application therefor
within two years after the date of the expiration of such license and
payment of the required fee for such renewal.
(3) A person whose polygraph examiner’s license has expired while
the person was employed by any federal agency or while the person was on
active duty as a member of the Armed Forces of the United States or on
active duty as a member of the National Guard of this state may obtain a
renewal license, without examination, upon application therefor within
two years after the date of the termination of such employment or active
duty and payment of the required fee for such renewal. [1975 c.608 §20;
1997 c.853 §49] The following fees shall be charged by the Department
of Public Safety Standards and Training in carrying out ORS 703.010 to
703.320:
(1) The fee of $50 for the issuance of each original license as a
general polygraph examiner.
(2) The fee of $50 for the annual renewal of a license as a general
polygraph examiner.
(3) The fee of $50 for examination by the department to determine
the competency of an applicant as a polygraph examiner.
(4) The fee of $35 for the issuance of a trainee license.
(5) The fee of $35 for the extension or renewal of a trainee
license.
(6) A fee, established by rule of the department, for issuance by
the department of a duplicate polygraph examiner or trainee license upon
satisfactory proof that the original license has been lost or stolen. The
fee established under this subsection shall be the same, to the nearest
dollar, as the actual cost of issuing a duplicate license. [1975 c.608
§23; 1979 c.410 §10; 1997 c.853 §50] (1) The
Department of Public Safety Standards and Training may license a person
who is not a resident of this state as a polygraph examiner as otherwise
provided under ORS 703.010 to 703.320. However, any such person must
include with the application for a license or renewal thereof an
irrevocable written consent permitting the director to act as the agent
of the person for the service of all legal process in this state.
(2) In any action in a court of competent jurisdiction in this
state, service of process may be made upon a polygraph examiner who does
not reside in this state by mailing two copies of the process to the
director. The director shall retain one copy of the process in the
records and immediately send, by certified or registered mail, the other
copy to the polygraph examiner at the most current address of the
polygraph examiner as indicated by the records of the department. [1975
c.608 §17; 1997 c.853 §51]The Department of Public Safety
Standards and Training may grant a license as a polygraph examiner in
this state to a person who is licensed as a polygraph examiner by another
state or territory of the United States, without examination, upon
application by such person in the manner prescribed by the department and
upon payment to the department of a fee of $50, payable to the
department, if the department finds that such person:
(1) Is at least 18 years of age;
(2) Is a citizen of the United States;
(3) Was licensed pursuant to the requirements of such other state
or territory that, at the date of the issuance of such license by such
other state or territory, were substantially equivalent to the
requirements of ORS 703.010 to 703.320 for the licensing and regulation
of polygraph examiners in this state;
(4) Is licensed by another state or territory that grants
reciprocity to polygraph examiners licensed in this state; and
(5) If a nonresident of this state, has complied with the
requirements of ORS 703.120. [1975 c.608 §19; 1979 c.410 §11; 1997 c.853
§52](1) A polygraph examiner shall display prominently the license
of the polygraph examiner at the place of business or employment of the
polygraph examiner and a trainee shall display prominently the license of
the trainee at the place of internship of the trainee.
(2) A polygraph examiner shall notify the Department of Public
Safety Standards and Training in writing of any change in the principal
place of business of the polygraph examiner within 30 days after the date
of such change. Upon discovery by the department of failure by a licensee
to comply with this section, the department shall suspend immediately
such license. [1975 c.608 §24; 1997 c.853 §53](Administration)(1) The Department of Public Safety Standards and Training
may issue licenses for polygraph examiners and trainees in accordance
with ORS 703.010 to 703.320.
(2) The department shall prescribe the manner and contents of any
examination conducted by it under ORS 703.010 to 703.320.
(3) The department may prescribe the requirements for internship of
any person who is licensed as a trainee under ORS 703.010 to 703.320.
[1975 c.608 §16; 1997 c.853 §54] The
Department of Public Safety Standards and Training may refuse to issue,
or may revoke or suspend the license of any person as a polygraph
examiner or trainee, if it finds that the person:
(1) Failed to inform an individual being examined as to the nature
of the examination or failed to advise the individual or the
representative of the individual of the results of the examination;
(2) Failed to inform an individual being examined that
participation in the examination is voluntary;
(3) Made a material misstatement in application for an original or
renewal license under ORS 703.010 to 703.320;
(4) Willfully disregarded or violated any provision of ORS 703.010
to 703.320 or any rule adopted pursuant thereto, including but not
limited to the willful making of a false report of a polygraph
examination;
(5) Made any willful misrepresentation or employed any false or
misleading advertising to obtain business or the services of a trainee;
(6) Has demonstrated any inability or incompetency to carry out the
duties of a polygraph examiner;
(7) Has permitted a license granted to the person under ORS 703.010
to 703.320 or any rule adopted pursuant thereto to be used by another
person;
(8) Has willfully aided or abetted any violation of ORS 703.010 to
703.320 or any rule adopted pursuant thereto; or
(9) Has failed, within a reasonable time, to provide any
information requested by the department after the receipt by the
department of a complaint alleging that such person has violated a
provision of ORS 703.010 to 703.320 or any rule adopted pursuant thereto.
[1975 c.608 §21; 1997 c.853 §55]Upon receipt of written notification of
the suspension or revocation by the Department of Public Safety Standards
and Training of the license of a polygraph examiner or trainee, a
polygraph examiner or trainee shall surrender immediately the license to
the department. The department may restore a suspended or revoked license
to the prior holder thereof at such time and under such conditions as the
department deems appropriate. [1975 c.608 §22; 1997 c.853 §56] (1) The Department of Public Safety
Standards and Training shall conduct all proceedings under ORS 703.010 to
703.320 in accordance with ORS chapter 183. Judicial review of an action
of the department shall be provided in ORS 183.480, 183.485, 183.490 and
183.500.
(2) The Board on Public Safety Standards and Training, or the
department with the board’s approval, shall adopt, in accordance with ORS
chapter 183, rules for the administration and enforcement of ORS 703.010
to 703.320. [1975 c.608 §§11,12; 1997 c.853 §57] All fees, moneys or other revenues
received or collected by the Department of Public Safety Standards and
Training under ORS 703.010 to 703.320 shall be deposited in the Police
Standards and Training Account. [1975 c.608 §27; 1997 c.853 §58](Miscellaneous)No person may bring or maintain an action in any court in
this state for the recovery of compensation for services performed as a
polygraph examiner or upon a contract for any such services unless such
person was licensed under ORS 703.010 to 703.320 as a polygraph examiner
at the time of the making of such contract or at the time of the
performance of such services as a polygraph examiner. [1975 c.608 §5](1) All instruments or
mechanical devices that are used by polygraph examiners to test or
question an individual for the purpose of detecting deception or of
verifying the truth of statements made by the individual shall record
visually, permanently and simultaneously the cardiovascular pattern, the
respiratory pattern and the galvanic skin response of the individual. The
patterns of other physiological changes of the individual also may be
recorded.
(2) Except as otherwise provided in ORS 703.335, a person may not
use any instrument or mechanical device to test or question an individual
for the purpose of detecting deception or verifying the truth of
statements made by the individual that does not comply with the minimum
requirements for the instrument or device under subsection (1) of this
section. The Department of Public Safety Standards and Training, in
consultation with the Board on Public Safety Standards and Training, may,
in the name of the State of Oregon, initiate and maintain appropriate
judicial proceedings, in the manner provided by law for such proceedings,
to enjoin the use by a polygraph examiner of any instrumentation or
mechanical device that does not comply with the minimum requirements
specified in subsection (1) of this section. [1975 c.608 §26; 1997 c.853
§59; 2003 c.777 §4] Each polygraph
examiner shall register with the county clerk of each county in which the
polygraph examiner maintains a business address. The county clerk shall
maintain a list of all the polygraph examiners registered in the county.
[1975 c.608 §25]ORS 703.010 to 703.320 shall be known and may
be cited as the Polygraph Examiners Act. [Formerly 703.020]TRUTH VERIFICATION AND DECEPTION DETECTION BY POLICE OFFICERSA police officer, as defined in ORS 243.005, may use an
instrument or mechanical device that does not comply with the minimum
requirements under ORS 703.310 (1) to test or question an individual for
the purpose of detecting deception or verifying the truth of statements
made by the individual if the police officer:
(1) Uses the instrument or mechanical device in the course of the
officer’s official duties while investigating a crime; and
(2) Is certified to use the instrument or mechanical device by the
agency that employs the officer. [2003 c.777 §5]INVESTIGATORSAs used in ORS 703.401 to 703.490, 703.993 and
703.995, unless the context otherwise requires:
(1) “Client” means a person who engages an investigator, firm,
partnership, corporation or other entity for the purpose of conducting
lawful activity on the person’s behalf.
(2) “Investigator” means a person who is a licensed investigator
under ORS 703.430 and who engages in the business of obtaining or
furnishing, or who solicits or accepts employment to obtain or furnish,
information about:
(a) Crimes or wrongs done or threatened against the United States
or any state or territory of the United States;
(b) The identity, habits, conduct, business, occupation, honesty,
integrity, credibility, knowledge, trustworthiness, efficiency, loyalty,
activities, movements, whereabouts, affiliations, associations,
transactions, acts, reputation or character of any person;
(c) The location, disposition or recovery of lost or stolen
property;
(d) The cause of or responsibility for fires, libels, losses,
accidents, damages or injuries to persons or property; or
(e) Evidence to be used before any court, board, officer, referee,
arbitrator or investigation committee. [1997 c.870 §1; 2001 c.838 §1;
2005 c.613 §9] A person may not act as an
investigator or represent that the person is an investigator unless that
person is licensed under ORS 703.430. [1997 c.870 §2; 2001 c.838 §2] The licensing requirement of ORS
703.405 does not apply to a person while the person is:
(1) Providing testimony in a court as an expert under ORS 40.410; or
(2) Conducting investigations or reviews or engaging in other
activities in preparation for providing testimony in a court as an expert
under ORS 40.410. [2003 c.687 §14; 2005 c.613 §10]Note: 703.407 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 703 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.ORS 703.401 to 703.490, 703.993 and 703.995 do
not apply to:
(1) A person employed exclusively by one employer in connection
with the affairs of that employer only;
(2) An officer or employee of the United States, or of this state,
or a political subdivision of either, while the officer or employee is
engaged in the performance of official duties;
(3) A person acting as a private security professional as defined
in ORS 181.870;
(4) A person who is employed full-time as a peace officer, as
defined in ORS 161.015, who receives compensation for private employment
as an investigator, provided that services are performed for no more than
one person or one client;
(5) A person that provides secured transportation and protection,
from one place or point to another place or point, of money, currency,
coins, bullion, securities, bonds, jewelry or other valuables;
(6) A person that places, leases, rents or sells an animal for the
purpose of protecting property, or any person that is contracted to train
an animal for the purpose of protecting property;
(7) A person engaged in the business of obtaining and furnishing
information regarding the financial rating of persons;
(8) An attorney admitted to practice law in this state performing
the attorney’s duties as an attorney;
(9) A legal assistant or paralegal engaged in activity for which
the person is employed by an attorney admitted to practice law in this
state;
(10) Insurers, insurance adjusters and insurance producers licensed
in this state and performing duties in connection with insurance
transacted by them;
(11) Any secured creditor engaged in the repossession of the
creditor’s collateral and any lessor engaged in the repossession of
leased property in which it claims an interest;
(12) An employee of a cattle association who is engaged in
inspection of brands of livestock under the authority granted to that
cattle association by the Packers and Stockyards Division of the United
States Department of Agriculture;
(13) Common carriers by rail engaged in interstate commerce and
regulated by state and federal authorities and transporting commodities
essential to the national defense or to the general welfare and safety of
the community;
(14) Any news media and the employees thereof when engaged in
obtaining information for the purpose of disseminating news to the public;
(15) A legal process service company attempting to serve legal
process;
(16) A landlord or an agent of a landlord performing duties in
connection with rental property transactions; or
(17) An engineer or employee of an engineer while the engineer or
employee is performing duties as an engineer or on behalf of an engineer.
As used in this subsection, “engineer” has the meaning given that term in
ORS 672.002. [1997 c.870 §3; 2003 c.364 §57; 2003 c.764 §1; 2005 c.22
§482; 2005 c.447 §14] In order to obtain a
private investigator’s license, a person:
(1) Must be at least 18 years of age;
(2) Must be eligible to work in the United States;
(3) Must not have committed any act that constitutes grounds for
denial of a license under ORS 703.465;
(4) Must have obtained a passing score on the test of professional
investigator competency administered or approved by the Department of
Public Safety Standards and Training;
(5) Must submit to fingerprint criminal records checks as
prescribed by the department by rule;
(6) Must have a corporate surety bond, an irrevocable letter of
credit issued by an insured institution as defined in ORS 706.008 or such
other security as the department may prescribe by rule in the sum of at
least $5,000, or errors and omissions insurance in the sum of at least
$5,000; and
(7) Must have at least 1,500 hours of experience in investigatory
work, have completed a related course of study approved by the department
or have a combination of work experience and education approved by the
department. [1997 c.870 §4; 2001 c.838 §3; 2005 c.613 §11](1) An application for a private investigator’s license or a
provisional investigator’s license must be in writing on a form
prescribed by the Department of Public Safety Standards and Training,
stating the applicant’s:
(a) Legal name;
(b) Birthdate;
(c) Citizenship;
(d) Physical description;
(e) Current residence;
(f) Residence for the preceding 10 years;
(g) Current employment;
(h) Employment for the preceding 10 years;
(i) Experience qualifications;
(j) Education;
(k) Business address, which may be a post office box; and
(L) Any other information required by the department.
(2) The application must be accompanied by:
(a) The application fee as prescribed by the department by rule;
(b) Recent photographs of the applicant as prescribed by the
department by rule to be used for an identification card and for the
files of the department;
(c) Complete sets of the applicant’s fingerprints as prescribed by
the department by rule;
(d) Three professional references, none of which may be from a
person who is related to the applicant by blood or marriage;
(e) Proof of a corporate surety bond, an irrevocable letter of
credit issued by an insured institution as defined in ORS 706.008 or such
other security as the department may prescribe by rule in the sum of at
least $5,000, or errors and omissions insurance in the sum of at least
$5,000; and
(f) Proof of a passing score on the test of professional
investigator competency administered or approved by the department.
(3) All applicants must disclose any acts or crimes constituting
grounds for denial of a license under ORS 703.465 and must notify the
department when the applicant is charged with a criminal offense. The
department shall conduct a special review of any applicant making a
disclosure under this subsection.
(4) The Department of Public Safety Standards and Training shall
forward a complete set of an applicant’s fingerprints to the Department
of State Police and shall request that the Department of State Police
conduct criminal records checks as provided in ORS 181.534.
Notwithstanding ORS 181.534 (5) and (6), the Department of State Police
shall maintain in its files the fingerprint cards used to conduct the
state criminal records check.
(5) Employees of or partners in a firm who are covered by the
firm’s errors and omissions insurance meet the requirements of subsection
(2)(e) of this section as long as the coverage is at least $5,000 per
investigator. [1997 c.870 §6; 1999 c.59 §212; 1999 c.125 §1; 1999 c.312
§1; 1999 c.363 §1; 2001 c.838 §4; 2005 c.21 §11; 2005 c.730 §§43,89](1) The Department of Public Safety Standards and Training shall
issue:
(a) A private investigator’s license if the applicant has satisfied
the requirements of ORS 703.415 and 703.425 and is in compliance with the
rules of the department.
(b) A provisional investigator’s license if the applicant has
satisfied the requirements of ORS 703.415 (1) to (6) and 703.425 and is
in compliance with the rules of the department. A person who has a
provisional investigator’s license may not employ or supervise other
investigators.
(2) The department may issue:
(a) A temporary investigator’s license to a person licensed as an
investigator by another jurisdiction. The department shall adopt rules to
carry out this paragraph including, but not limited to, rules
establishing requirements, procedures and fees for issuing a temporary
investigator’s license and the scope and duration of the license.
(b) An interim investigator’s license to a person who:
(A) Has applied for a private investigator’s license or a
provisional investigator’s license and whose application has not been
granted or denied;
(B) Works only for a private investigator licensed under this
section, an attorney or another employer who has requested that the
person be issued an interim investigator’s license;
(C) Has never been convicted of, pleaded guilty or no contest to or
forfeited security for a crime; and
(D) Meets all requirements established by the department by rule
including, but not limited to, rules establishing requirements,
procedures and fees for issuing an interim investigator’s license and the
scope and duration of the license.
(3) A license issued under subsection (1) of this section expires
two years following the date of issuance or on the assigned renewal date.
[1997 c.870 §7; 2001 c.838 §6; 2005 c.613 §14](1) When issuing a license under ORS 703.430, the
Department of Public Safety Standards and Training shall also issue an
identification card of a size, design and content as may be determined by
the department by rule.
(2) An investigator shall carry at all times, while engaged in the
practice of investigating, the identification card issued under this
section.
(3) In the event of loss or destruction of a license issued under
ORS 703.430 or an identification card issued under this section, the
investigator may apply to the department for a replacement. The
application must state the circumstances of the loss or destruction. The
investigator shall provide recent photographs of the investigator and a
replacement application fee as prescribed by the department by rule.
[1997 c.870 §8; 1999 c.125 §3; 1999 c.363 §2; 2001 c.838 §7; 2005 c.613
§15] The Department of Public Safety
Standards and Training may enter into a reciprocal agreement with the
appropriate official of any other state to allow an investigator licensed
in the other state to operate in Oregon if the department determines that
the requirements for licensure in that state are substantially similar to
the requirements under Oregon law. [1997 c.870 §17; 2005 c.613 §16] (1) An
investigator who desires to continue to practice in this state must apply
for renewal and pay the renewal fee as prescribed by rule of the
Department of Public Safety Standards and Training to the department on
or before the renewal date of the license. Any person who fails to pay
the renewal fee by the renewal date may, within the following 30 days,
pay the renewal fee plus a penalty in an amount to be prescribed by
department rule, not to exceed twice the amount of the renewal fee. Any
person who fails to pay the renewal fee, with accrued penalties, for a
period of 30 days after the renewal date forfeits the right to work as an
investigator in this state and may be reinstated only upon compliance
with the initial application procedures.
(2) Prior to renewing a license, the Department of Public Safety
Standards and Training may request that the Department of State Police
conduct criminal records checks as provided in ORS 181.534. Any act that
is grounds for denying an initial application for a license is grounds
for refusing to renew a license.
(3) An investigator may request the Department of Public Safety
Standards and Training to place the investigator on inactive status at
any time during the licensing period. Upon payment of the inactive
license fee as prescribed by rule of the department, the department shall
place the investigator on inactive status. An investigator on inactive
status may not work as an investigator. [1997 c.870 §9; 1999 c.125 §4;
2001 c.838 §8; 2005 c.613 §17; 2005 c.730 §44] (1)(a) An investigator issued a
private investigator’s license must complete at least 32 hours of
continuing education every two years.
(b) An investigator issued a provisional investigator’s license
must complete at least 40 hours of continuing education every two years.
(2) An investigator may carry no more than 15 hours of continuing
education from one licensing period to the next.
(3) When an investigator applies for renewal of a license under ORS
703.445, the investigator must provide proof of having completed the
required continuing education.
(4) As used in this section, “continuing education” means any
educational endeavor that reasonably could be considered beneficial to
the work of the investigator. Continuing education may be obtained:
(a) Through participation in conferences or educational courses
offered by trade schools or colleges, whether as an attendee or a
presenter;
(b) Through independent studies;
(c) By publishing articles related to the field of investigation;
and
(d) As otherwise provided by the Department of Public Safety
Standards and Training by rule. [2001 c.838 §20; 2005 c.613 §18] A licensed investigator:
(1) May not knowingly make any false report to an employer or
client.
(2) May not commit fraud or deceit toward a client or employer.
(3) May not knowingly violate a court order or injunction in the
course of business as an investigator.
(4) May not commit an act that reflects adversely on the
investigator’s honesty, integrity, trustworthiness or fitness to engage
in business as an investigator.
(5) May not act unprofessionally while acting as an investigator.
(6) May not use unlicensed persons to conduct investigative
activities.
(7) Is responsible for the professional, ethical and legal conduct
of the investigator’s employees or other persons working under the
investigator’s supervision.
(8) Shall inform each client that the client has a right to receive
a written contract. The contract shall clearly state the task to be
performed and the rate of payment.
(9) Shall inform each client that the client is entitled to receive
both of the following reports concerning services rendered:
(a) An oral report that is timely and adequate; and
(b) A written report furnished by the investigator within seven
days after written request is received from the client.
(10) Shall keep separate and distinct case files for each client
and case. Case files must include all written agreements with the client,
the date investigative activities began, copies of all correspondence and
written reports generated and an accurate accounting of all time spent,
activities conducted and expenses incurred by the investigator during the
course of the case.
(11) Shall maintain a record of the term of employment of each
employee or contractor.
(12) Shall maintain all records and files referred to in this
section for not less than seven years.
(13) Shall maintain required security or insurance.
(14) Shall post the license of the investigator in a conspicuous
place in the investigator’s principal place of business.
(15) Unless performing services for a law enforcement or other
governmental agency, may not attempt to give an impression that the
investigator is connected in any way with a law enforcement or other
governmental agency by any statement or activity, including using a
title, wearing a uniform, using a badge or insignia or using an
identification card or by any failure to make a statement or act.
(16) Shall maintain the confidentiality of each client as required
by rules of professional conduct established by the Department of Public
Safety Standards and Training.
(17) May not submit false information to the department.
(18) May not impede a compliance investigation.
(19) Shall return to the department the license and identification
card issued by the department to the investigator no later than 15 days
after the expiration or revocation of the license. [1997 c.870 §10; 1999
c.125 §5; 2001 c.838 §9; 2005 c.613 §19](1) A licensed investigator shall provide the Department of
Public Safety Standards and Training with:
(a) The investigator’s legal name, home address and home telephone
number; and
(b) The name, physical and mailing addresses and telephone number
of the investigator’s business.
(2) In addition to the information required by subsection (1) of
this section, a licensed investigator who is not a resident of this state
shall designate a person to act as the investigator’s agent for service
of process. The investigator shall make the designation on a form
approved by the department and shall include the physical address of the
agent’s business. When an investigator changes the designated agent, the
investigator shall submit a new designation form. To act as an agent
under this subsection, the person must be:
(a) An individual who resides in this state and who maintains a
business office in this state; or
(b) A corporation that maintains a business office in this state.
(3) An investigator shall notify the department within 10 business
days of any change in the information required by this section. [1997
c.870 §12; 2001 c.838 §25; 2005 c.613 §20] (1) The Department of
Public Safety Standards and Training may refuse to grant or renew a
license, may suspend or revoke a license or may reprimand an investigator
for any violation of ORS 703.405, 703.450 or 703.460 or of any rule
adopted by the department.
(2) In determining whether to issue a denial, suspension,
revocation or reprimand, the department shall consider the facts of the
case as they relate to the person’s fitness to practice as an
investigator.
(3) As part of the disciplinary process, the department may provide
an investigator with an opportunity to correct the deficiencies by
allowing the investigator to complete a course of rehabilitation approved
by the department.
(4) When the department denies or revokes a license, the applicant
or licensee may not reapply for a license until three years have elapsed
from the issuance of the final order of denial or revocation. A person
who reapplies after a denial or revocation must prove by a preponderance
of the evidence that the grounds for the denial or revocation no longer
exist. [1997 c.870 §18; 2001 c.838 §10; 2005 c.613 §21] (1) If the
Department of Public Safety Standards and Training proposes to refuse to
issue or renew a license or proposes to suspend or revoke a license or
proposes to reprimand an investigator, opportunity for hearing shall be
accorded as provided in ORS chapter 183.
(2) Judicial review of orders under subsection (1) of this section
shall be as provided in ORS chapter 183. [1997 c.870 §19; 2001 c.838 §11;
2005 c.613 §22](1) An investigator’s home address, home
telephone number, personal electronic mail address, Social Security
number, photograph and other personal identifying information are
confidential and not subject to disclosure under ORS 192.410 to 192.505
unless written consent to disclose is given by the investigator.
(2) Except as provided by rules established by the Department of
Public Safety Standards and Training, investigator client files obtained
by the department are confidential and not subject to disclosure under
ORS 192.410 to 192.505.
(3) Information obtained by the department as part of an
investigation of a licensee or applicant, including complaints concerning
the licensee or applicant, is confidential and not subject to disclosure
under ORS 192.410 to 192.505 until the department dismisses the case or
issues a proposed order. [2001 c.838 §21; 2005 c.613 §23]The Department of Public Safety Standards and Training shall:
(1) Adopt rules necessary for the administration of ORS 703.401 to
703.490, in accordance with ORS 183.325 to 183.410.
(2) Investigate alleged violations of ORS 703.401 to 703.490 and of
any rules adopted by the department. When the department conducts an
investigation under this subsection, the department shall destroy all
information about the alleged violation if the department determines that
the allegation is false.
(3) In collaboration with the Private Security Policy Committee,
prescribe and collect fees for application, licensing, renewal of
licenses, issuance of identification cards and penalties for late renewal
of licenses. Fees established may not exceed the cost of administering
the program of the department for which the fee was established.
(4) In collaboration with the Private Security Policy Committee,
adopt and administer a test of professional investigator competency.
(5) In collaboration with the Private Security Policy Committee,
formulate a code of professional ethics to be followed by investigators.
(6) Establish a website on the Internet that lists each
investigator with the investigator’s license number, business address and
business telephone number.
(7) Provide professional development opportunity information to
investigators. [1997 c.870 §14; 2001 c.838 §14; 2003 c.14 §442; 2005
c.613 §24]
All moneys received by the Department of Public Safety Standards and
Training under ORS 703.401 to 703.490, 703.993 and 703.995 shall be paid
into the General Fund in the State Treasury and credited to the Police
Standards and Training Account established in ORS 181.690.
Notwithstanding ORS 181.690 (1), all moneys credited to the account under
this section may be used only for the expenses of administration and
enforcement of ORS 703.401 to 703.490, 703.993 and 703.995. [1997 c.870
§16; 2001 c.838 §18; 2005 c.613 §25]PENALTIES Violation of
any provision of ORS 703.010 to 703.320 or of any rule adopted thereunder
is a Class A misdemeanor. [1975 c.608 §28] (1) A person commits
a Class A misdemeanor if the person knowingly falsifies the fingerprints,
photographs or other data pertinent to an application for a license or
identification card under the provisions of ORS 703.425, 703.430 or
703.435.
(2) A person commits a Class B misdemeanor if the person knowingly
practices as an investigator without a license as required by ORS 703.405.
(3) An investigator who fails to carry the identification card as
required by ORS 703.435 commits a Class A violation. [1997 c.870 §21;
2001 c.838 §16] (1) In addition to any
other penalty provided by law, a person who violates any provision of ORS
703.401 to 703.490 or any rule adopted thereunder:
(a) Is subject to payment of a civil penalty in an amount of not
more than $500 for each offense; and
(b) May be assessed the costs of the disciplinary proceedings as a
civil penalty.
(2) Notwithstanding subsection (1)(a) of this section, if a person
violates ORS 703.405, the person is subject to payment of a civil penalty
in an amount of not more than $5,000 for each violation with maximum
penalties not to exceed $10,000 per year. The amount of a penalty under
this subsection shall be determined by taking into consideration the
gravity of the violation, the previous record of the violator in
complying or failing to comply with requirements imposed on the violator
and any other considerations the Department of Public Safety Standards
and Training deems appropriate.
(3) Civil penalties under this section shall be imposed as provided
in ORS 183.745.
(4) Judicial review of civil penalties imposed under this section
shall be as provided under ORS 183.480, except that the court may reduce
the amount of the penalty. [1997 c.870 §20; 1999 c.1051 §220; 2001 c.838
§17; 2005 c.613 §26]
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