181A.840¹

Definitions for ORS 181A.360, 181A.840 to 181A.891, 181A.895 and 181A.995

As used in ORS 181A.360 (Board on Public Safety Standards and Training), 181A.840 (Definitions for ORS 181A.360, 181A.840 to 181A.891, 181A.895 and 181A.995) to 181A.891 (Persons providing private security services on September 9, 1995), 181A.895 (State preemption of local laws relating to private security providers) and 181A.995 (Penalties relating to regulation of private security services):

(1) Certification means recognition by the Department of Public Safety Standards and Training that a private security professional meets all of the qualifications listed in ORS 181A.855 (Qualifications for private security professional).

(2) Executive manager means a person:

(a) Who is authorized to act on behalf of a company or business in matters of licensure and certification;

(b) Who is authorized to hire and terminate personnel;

(c) Whose primary responsibility is the management of certified private security professionals; and

(d) Who has final responsibility for a companys or businesss compliance with ORS 181A.840 (Definitions for ORS 181A.360, 181A.840 to 181A.891, 181A.895 and 181A.995) to 181A.891 (Persons providing private security services on September 9, 1995).

(3) Instructor means any person who has been certified by the department as meeting the requirements to provide instruction to private security providers or applicants.

(4) License means recognition by the department that an executive manager or supervisory manager meets the requirements adopted by the Board on Public Safety Standards and Training as necessary to provide private security services.

(5) Primary responsibility means an activity that is fundamental to, and required or expected in, the regular course of employment and is not merely incidental to employment.

(6) Private security professional means an individual who performs, as the individuals primary responsibility, private security services for consideration, regardless of whether the individual, while performing the private security services, is armed or unarmed or wears a uniform or plain clothes, and regardless of whether the individual is employed part-time or full-time to perform private security services.

(7) Private security provider means any individual who performs the functions of a private security professional, executive manager, supervisory manager or instructor.

(8) Private security services means the performance of at least one of the following activities:

(a) Observing and reporting unlawful activity.

(b) Preventing or detecting theft or misappropriation of goods, money or other items of value.

(c) Protecting individuals or property, including but not limited to proprietary information, from harm or misappropriation.

(d) Controlling access to premises being protected or, with respect to a licensee of the Oregon Liquor Control Commission, controlling access to premises at an entry to the premises or any portion of the premises where minors are prohibited.

(e) Securely moving prisoners.

(f) Taking enforcement action by detaining persons or placing persons under arrest under ORS 133.225 (Arrest by private person).

(g) Providing canine services for guarding premises or for detecting unlawful devices or substances.

(9) Supervisory manager means an employee of or a person supervised by an executive manager who has as a primary responsibility the supervision of certified private security professionals. [Formerly 181.870 [bad link]]  AnnotationsRelated