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Revocation and Denial Information


The Board is responsible for setting the minimum standards for training and certification for fire service professionals. To ensure that the standards adopted by the Board remain relevant and applicable to the Oregon fire service profession, standards are reviewed regularly. While there have been some rule changes to address specific denial and revocation issues, the standards and processes for denial and revocation of fire service professional certifications had not been reviewed in their entirety since 2014.

In February 2020, the Fire Policy Committee (FPC) approved formation of a workgroup to complete a current review of the denial and revocation standards and processes. The FPC Denial/Revocation Workgroup met on June 9, 2020. In addition to the general overall review, the Workgroup considered DPSST recommendations addressing regulatory changes that have occurred as a result of recent administrative rulings and changes implemented in other disciplines. The Workgroup’s review and discussions resulted in the recommendations to the FPC and Board which they approved. Below you will find an overview of the current rules surrounding revocation and denial of fire certifications. For additional details, please see the October 22, 2020 Board Memorandum which provides a thorough outline of the  OAR changes and updates.

For more information, see the Oregon Administrative Rules (OAR) for Fire Service Professionals.

The following are Measure 11 Crimes which result in the mandatory denial/revocation of all DPSST certifications, regardless of length of time that has passed since the conviction:

163.095 Attempted or Conspiracy to Commit Aggravated Murder;

163.115 Murder, Attempted Murder, or Conspiracy to Commit Murder;

163.118 Manslaughter in the First Degree;

163.125 Manslaughter in the Second Degree;

163.149 Aggravated Vehicular Homicide;

163.175 Assault in the Second Degree;

163.185 Assault in the First Degree;

163.225 Kidnapping in the Second Degree;

163.235 Kidnapping in the First Degree;

163.365 Rape in the Second Degree;

163.375 Rape in the First Degree;

163.395 Sodomy in the Second Degree;

163.405 Sodomy in the First Degree;

163.408 Sexual Penetration in the Second Degree;

163.411 Sexual Penetration in the First Degree;

163.427 Sexual Abuse in the First Degree;

163.670 Using a Child in a Display of Sexually Explicit Conduct;

164.325 Arson in the First Degree (when offense represents a threat of serious physical injury);

164.405 Robbery in the Second Degree;

164.415 Robbery in the First Degree;

167.017 Compelling Prostitution.

If a fire service professional has been convicted of a Measure 11 crime, their certifications will be denied and/or revoked administratively and the Fire Policy Committee (FPC) will receive an informational update only.

Additionally, registration as a sex offender is a mandatory denial or revocation. If an individual is currently required to register as a sex offender, they will be denied or revoked. Once the person is no longer required to register as a sex offender, they would be eligible to apply for certification.

Oregon Revised Statutes (ORS) 181A.640 requires that DPSST deny or revoke the certification of a fire service professional upon finding that a person has been discharged for cause from employment as a fire service professional. OAR 259-009-0120 provides the Board's definition of discharge for cause as it relates to the fire service professional's certification(s). The OAR for discharge for cause language requires that the behavior that led to the discharge occur while the individual is acting in their official capacity as a fire service professional. The language does not require that the individual who is reported to DPSST as being discharged from their agency be charged criminally, but does give the FPC and the Board an avenue to ensure that the certifications of fire service professionals who engage in this type of egregious behavior are permanently revoked.

The OAR discharge for cause language identifies categories of particularly egregious conduct that could also be considered criminal in nature. Those categories are as follows:

  • Interference in a Fire Investigation: Includes the creation or use of falsified evidence, reports or records, and includes false testimony;
  • Theft or Fraud: Includes theft of services or property, embezzlement, misuse of resources, or falsification of contracts, reports or records;
  • Intimidation: Includes wrongfully compelling an individual to abstain from doing, or to do, any act which the individual has a legal right to do or abstain from doing;
  • Corruption: Includes the abuse of a fire service professional's authority for personal gain, to gain advantage for a public or private safety agency or to attempt or succeed in depriving another person or persons of their legal rights;
  • Neglect of Duty: Includes the intentional or reckless failure to perform any mandatory duty as required by law; knowingly performing an act which the fire service professional or instructor knows to be forbidden by law to perform, behavior that endangers the health and safety of the employee or others;
  • Cheating: Includes actual, intended, or attempted deception or dishonest action by a fire service professional or an instructor in relation to the administration or documentation of any training, testing or certification;
  • Mistreatment Due to Bias: Includes withholding or denying services, intentionally harassing, or causing physical injury to another person because of the actors' perception of that person's race, color, national origin, religion, sex, age, marital status, sexual orientation, medical condition or disability;
  • Harassment, including Sexual Harassment: Includes unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim;
  • Abuse, including Sexual Abuse: Includes physical or mental maltreatment which results in mental, emotional, sexual or physical injury; or
  • Use of illegal drugs.

DPSST staff will review the information relating to the discharge. If any of the listed categories are met, the fire service professional therefore meets the Board-established standard for discharge for cause and their certifications will be revoked administratively. The FPC will receive an informational update only. By law, once a determination has been made that a fire service professional has been discharged for cause for certification purposes, he or she remains permanently ineligible to hold fire service certifications.

When staff becomes aware of a criminal conviction involving a certified fire service professional with active certifications or applicant for fire certification, staff will review the elements of the conviction to determine if:

  • The conviction is for a felony;
    • All felony convictions that are not Measure 11 crimes will trigger a review if the crime occurred within the last 10 years.
  • The conviction is for a misdemeanor;
    • Misdemeanor convictions that occurred within the last 5 years which are punishable with imprisonment longer than 30 days and not more than 364 days (in Oregon, these are class A and B misdemeanors) will trigger a review if, by nature of the crime or underlying conduct in the case, any of the following occur;
      •  Dishonesty or deceit,
      • A sexual offence,
      • A drug offense,
      • Destruction of property,
      • A crime against a public agency,
      • Illegal use or possession of a deadly weapon, or
      • Violence, abuse or neglect against a person or animal.

If any of the listed elements are met, DPSST staff will send notification to the fire service professional and their chief, if applicable. The effected fire service professional will have the opportunity to provide written and/or verbal mitigation to the FPC who will review the case. Verbal statements must be provided in person by the fire service professional or their representative. Verbal statements are limited to 5 minutes and is not interactive, meaning there are no questions and answers between committee members and the speaker. There is also no follow up discussion or rebuttal from the speaker regarding the committee's discussions.

The FPC will review the conduct surrounding the conviction and any aggravating or mitigating circumstances which are defined in OAR 259-009-0125(6). They will then make a determination whether to recommend proceeding with denial or revocation to the Board. In cases which the Board affirms denial or revocation and the fire service professional is denied or revoked, the fire service professional may submit an application for certification after at least one year has passed since the Board approved the denial or revocation.  When the application is submitted, DPSST will review the application and the standards in place at the time of the application. If the conviction is still considered a trigger for discretionary review, DPSST will open a case for FPC review. The FPC will review the conviction and any additional mitigation, which will always include the passage of additional time, to determine if there is still an impact to certification as a fire service professional. With each review, the FPC would be able to recommend denial if there is still an adverse impact to fire certification. Eventually, the passage of time would mean that the conviction would no longer require review. Once the felony conviction was older than 10 years or the misdemeanor conviction was older than 5 years, it would no longer be considered grounds for denial and would not require any additional FPC review when the fire service professional submits an application for certification.


According to OAR 259-009-0059(6), a certified fire service professional must report a conviction directly to DPSST within 10 calendar days of the conviction. The notification must be in writing and include the charges, the county and state where the conviction occured, the investigating agency, and the date of the conviction. A failure to reort a conviction may be considered an aggravating circumstance in a professional standards case, but would not result in a denial or revocation on its own. The fire service professional would still need to reort the conviction to their employer following any employment-related policies for reporting convictions, arrests, or other law enforcement actions.


Contact

Kayla Ballrot

Phone: 503-378-2596

Email: kayla.ballrot@state.or.us

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