1. (1) Prior to any consideration by the State Forester to authorize expenditures under ORS 477.128, at the earliest practicable time after the firefighter reasonably suspects or has been informed of criminal charges being sought against the firefighter, the firefighter must make a written request to the State Forester.

2. (2) The request in section (1) above must:

   1. (a) Seek a determination by the State Forester as to the eligibility of the firefighter for expenditures related to costs and reasonable attorney fees to defend against criminal charges in a specific instance; and
   2. (b) Provide a description of the events leading to the possibility of criminal prosecution with sufficient specificity to allow the State Forester to initiate an investigation of those events.
3. (3) The request required by this rule is not intended to require the firefighter to provide information of a nature that would be construed to violate the firefighter’s right to avoid self-incrimination guaranteed under the Constitutions of the State of Oregon or the United States.

Statutory/Other Authority

ORS 526.041

Statutes/Other Implemented

ORS 477.128

History

DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16