1. (1) Hiring agencies must complete a background investigation prior to hiring or utilizing an applicant as a public safety officer. The hiring agency’s background investigation must meet or exceed the background investigation standards defined in this rule.

2. (2) A completed background investigation must include the following:

   1. (a) A completed personal history questionnaire that meets the Applicant Personal History Questionnaire Standards defined in section (4) of this rule.

   2. (b) Investigation of the applicant’s:

      1. (A) Criminal History and Arrests;
      2. (B) DPSST Regulatory Records Check;
      3. (C) Drug and Alcohol Use;
      4. (D) Education;
      5. (E) Employment History. When an applicant’s employment history includes prior public safety or private security employment, the investigation must include review of complaints, personnel investigations, and disciplinary actions against the public safety officer or private security provider;
      6. (F) Finances;
      7. (G) Memberships and Associations. This includes but is not limited to the applicant’s membership or participation in hate groups, racial supremacist organizations, or militant groups, or the applicant’s display of symbols of racism or racial supremacy;
      8. (H) Military History;
      9. (I) Motor Vehicle Records;
      10. (J) References. This must include three or more personal or professional references provided by the applicant that were interviewed by the hiring agency;
      11. (K) Residential History;
      12. (L) Work Eligibility; and
      13. (M) Other Records As Needed. These may include but are not limited to out of state records, police records, district attorney records, court records, open sources, or social media as permitted by law.
   3. (c) An interview of the applicant conducted in conjunction with the background investigation.
   4. (d) A signed declaration acknowledging under penalty of perjury that the information provided by the applicant for the background investigation and the personal history questionnaire is true and correct to the best of the applicant’s knowledge.
   5. (e) A signed release that allows the applicant’s background investigation information to be shared with other public or private safety agencies the applicant may become affiliated with.
   6. (f) A psychiatric or psychological evaluation of the applicant as required by OAR 259-008-0010 or OAR 259-008-0011. The documentation required for section (3) of this rule must include the evaluator’s name and license number and a description of the evaluator’s assessment of the applicant’s tendencies, feelings and opinions toward diverse cultures, races and ethnicities and differing social, political, economic and life statuses.
3. (3) The hiring agency must document completion of the background investigation using the checklist form provided by DPSST or using a form or manner that clearly documents completion of the background investigation standards defined in section (2) of this rule. Documentation must include a description of the findings of the investigation, a description of how the information was investigated, or any combination of the two.

4. (4) Applicant Personal History Questionnaire Standards.

   1. (a) When hiring a police officer, reserve officer, corrections officer, parole and probation officer, or regulatory specialist, the hiring agency must use a personal history questionnaire that includes the Personal History Questions adopted by reference and dated July 1, 2023. (See the attached PDF file linked below.) The hiring agency may administer the Personal History Questions using the questionnaire form provided by DPSST or an alternate format. When using an alternate format, the questions may not be altered, but they may be used in any order. The hiring agency may add additional questions.
   2. (b) When hiring a telecommunicator or emergency medical dispatcher, the hiring agency may use any personal history questionnaire.

5. (5) Background investigations must be retained by the hiring agency in accordance with the Secretary of State’s Record Retention Schedule and must be made available for review if requested by DPSST.

   [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]

Statutory/Other Authority

ORS 181A.410 & ORS 181A.676

Statutes/Other Implemented

ORS 181A.410, ORS 181A.676 & ORS 181A.688

History

DPSST 6-2023, amend filed 04/27/2023, effective 07/01/2023
DPSST 3-2020, amend filed 01/30/2020, effective 02/15/2020
DPSST 7-2019, amend filed 07/26/2019, effective 08/01/2019
DPSST 4-2016, f. 3-22-16, cert. ef. 4-1-16
DPSST 31-2014, f. & cert. ef. 12-29-14
DPSST 2-2010, f. & cert. ef. 3-15-10
DPSST 1-2010, f. & cert. ef. 1-11-10
BPSST 3-1998, f. & cert. ef. 6-30-98
BPSST 1-1998, f. & cert. ef. 5-6-98
BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98
Reverted to PS 2-1995, f. & cert. ef. 9-27-95
PS 10-1997(Temp), f. & cert. ef. 11-5-97
PS 2-1995, f. & cert. ef. 9-27-95
Renumbered from 259-010-0021, PS 1-1990, f. & cert. ef. 2-7-90
PS 1-1983, f. & ef. 12-15-83