Notice of Proposed Rule Changes: OAR 259-060-0012 and 259-060-0450, SB116 & Private Security Equipment, Vehicles, Uniforms and Titles.

OREGON ADMINISTRATIVE RULES

NOTICE OF PROPOSED RULEMAKING

DPSST filed a Notice of Proposed Rulemaking. You are invited to review and submit written comments on the proposed rule changes.

APPLIES TO: All private security providers, including executive managers and private security businesses.

CAPTION: Adopting Rules for Senate Bill 116: Private Security Equipment, Vehicles, Uniforms and Titles.

ADOPTING: OAR 259-060-0012 and AMENDING: OAR 259-060-0450

OVERVIEW: These proposed rule changes adopt rules relating to Senate Bill 116 and the unlawful use of private security equipment, vehicles, uniforms and titles. 

Senate Bill 116 makes it unlawful for a private security provider or an entity that employs private security providers to possess or use in the scope of employment equipment, vehicles, uniforms or titles that imply that the provider or entity is affiliated with a public or private safety agency as defined in ORS 181A.355.

The law was intended to address situations where the appearance of private security uniforms and vehicles make it difficult to differentiate between members of law enforcement and providers of private security services.

OAR 259-060-0012 identifies prohibited acts that are unlawful. Compliance with Senate Bill 116 and the rule will be focused on the prohibited acts. However, it is important to note that the list of prohibited acts is not all-inclusive and there is broad authority under Senate Bill 116, if needed, to address an egregious act that may not have been identified in the rule.

OAR 259-060-0012 includes a phase in timeline for businesses operating before January 1, 2022. If a business was operating before January 1, 2022, and will need to change their uniforms, vehicles, etc. to comply with the law and the rule, DPSST will work with the business and allow a grace period before taking enforcement/compliance actions such as civil penalties and denial/revocation. These businesses will need to be in compliance with the new rule by July 1, 2023.

OAR 259-060-0450 identifies violations of the Private Security Services Providers Act that are subject to a civil penalty. This rule change adds violations of OAR 259-060-0012 to the list of violations that may result in a civil penalty.

DPSST estimates that the majority of private security businesses and private security providers are already operating in compliance with the provisions adopted in OAR 259-060-0012. However, there will be some providers or businesses that will be required to change or alter their uniforms and vehicles to be in compliance with OAR 259-060-0012. The changes will have an economic impact. The economic impact is undetermined at this time because the cost for these changes will vary for each business or provider.

Please use the link below to review the prohibited acts relating to private security equipment, vehicles, uniforms and titles. 

*These rule changes do not apply to special campus security providers commissioned under ORS 352.118 or private security providers on campuses of institutions of higher education regulated under ORS 181A.912.

WEBSITE: Please visit the DPSST website at https://www.oregon.gov/dpsst/Pages/Rules.aspx to review the Notice of Proposed Rulemaking, which includes the Statement of Need and Fiscal Impact and the Proposed Rules (new language underlined in bold text and deleted language in strikethrough text).

HOW TO COMMENT: You are invited to comment on the proposed rules, including fiscal impacts, by sending written comments by January 21, 2022, to:

E-MAIL:      Jennifer.howald@dpsst.oregon.gov 

                     Subject: Public Comment for OAR 259-060-0012

 

or MAIL:       Jennifer Howald

Rules Coordinator, DPSST

RE: Public Comment for OAR 259-060-0012

4190 Aumsville Hwy SE

Salem, OR 97317

PUBLIC RULEMAKING HEARING:

You may provide comments verbally during the rulemaking hearing hosted by DPSST online through WebEx. 

You are not required to use a camera or to join the meeting with video.

Persons who want to provide comments during the hearing need to join the meeting no later than 15 minutes after the start time.

There are 2 hearings scheduled:

Tuesday, January 18, 2022 6:00 P.M. Join the WebEx meeting online* at https://dpsstmeet.webex.com/dpsstmeet/j.php?MTID=m0c1841aacfdbefc59a05011138a8bb35  Meeting number (access code): 2460 681 0145 Meeting password: DPSSTOAR ~OR~ Join the WebEx meeting by phone Dial: 415-655-0001 Phone access code: 2460 681 0145 ##

Wednesday, January 19, 2022 10:00 A.M. Join the WebEx meeting online* at https://dpsstmeet.webex.com/dpsstmeet/j.php?MTID=m6cf56af267a0b8c7d8edf087944daa4a Meeting number (access code): 2452 248 1360 Meeting password: DPSSTOAR ~OR~ Join the WebEx meeting by phone Dial: 415-655-0001 Phone access code: 2452 248 1360 ##

*Optional: E-mail Jennifer.howald@dpsst.oregon.gov to receive the link to the meeting and/or to sign-up in advance to make comments.