Pierce v. Department of Public Safety Standards & Training

100 P.3d 1125, 196 Or. App. 190, 2004 Ore. App. LEXIS 1457
CourtCourt of Appeals of Oregon
DecidedNovember 10, 2004
DocketDPSST 36844; A122262
StatusPublished
Cited by1 cases

This text of 100 P.3d 1125 (Pierce v. Department of Public Safety Standards & Training) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pierce v. Department of Public Safety Standards & Training, 100 P.3d 1125, 196 Or. App. 190, 2004 Ore. App. LEXIS 1457 (Or. Ct. App. 2004).

Opinion

LINDER, J.

The Department of Public Safety Standards and Training (DPSST) revoked petitioner’s basic police certification and denied his application for intermediate police certification after finding that petitioner knowingly falsified his application for intermediate police certification. See ORS 181.662(l)(a). On review of DPSST’s final order, petitioner asserts that DPSST erred by concluding that ORS 181.662(l)(a) requires a mental state of knowledge rather than the heightened mental state of intent to deceive. Because we conclude that the statute does not require intent to deceive, we affirm.

We draw from DPSST’s findings of fact, which petitioner does not challenge. See Jefferson County School Dist. No. 509-J v. FDAB, 311 Or 389, 393 n 7, 812 P2d 1384 (1991) (unchallenged findings of fact are the facts for purposes of judicial review of an administrative agency’s final order). In 1999, petitioner applied for a position as deputy sheriff for Josephine County, completing and signing a background investigation form as part of the hiring process. That form required petitioner to disclose whether he had ever been arrested for or convicted of a criminal act. He answered at that time: “Assault 4 Diversion. 12/2/93 completed probation program in 6 months. DUII Diversion 9/7/91. Completed Diversion program.” Petitioner was subsequently hired by Josephine County as a deputy sheriff. As part of the county’s background investigation, petitioner was interviewed by a sheriffs office representative, and petitioner described in that interview the details of his arrests and the disposition of the charges. In 2000, DPSST issued petitioner a basic police certificate.

In 2001, petitioner applied to DPSST for intermediate police certification. The application form required petitioner to answer, among other things, the question: “Have you ever been arrested and/or charged with a crime including traffic crimes?” Petitioner responded: “18 Sept. 1991 DUII arrest. Diversion completed.” Petitioner did not disclose the arrest and conviction for fourth-degree assault as he had when he first sought the deputy sheriff position in Josephine [193]*193County. DPSST conducted a criminal history check that revealed the existence of his past arrest and conviction for fourth-degree assault. Petitioner’s explanation for the nondisclosure was that he did not believe the assault was on his criminal record and he was embarrassed about it.

DPSST subsequently issued a notice of intent to deny petitioner’s intermediate police certification and also to revoke his basic certification. Petitioner requested a contested case hearing before an administrative law judge (ALJ). At the hearing, petitioner argued that ORS 181.662(l)(a) requires a finding that he made a false representation with intent to fraudulently conceal or deceive. The ALJ concluded that petitioner knowingly failed to disclose his arrest and conviction of fourth-degree assault and that the statute was satisfied by his doing so, thus effectively rejecting petitioner’s argument that the statute requires specific intent, such as intent to deceive. The ALJ recommended that petitioner’s basic police certification be revoked and that his application for intermediate police certification be denied.

DPSST generally adopted the ALJ’s proposed order, with some modification and supplementation of the ALJ’s factual findings and legal analysis. With regard to the mental state required to satisfy the statute, DPSST determined that “whether knowledge or any other culpable mental state is a necessary element of a violation of ORS 181.662(l)(a) is not an issue that must be resolved in this case.” Later in the order, DPSST explained:

“The Proposed Order describes the issue in this case to be ‘whether petitioner intentionally falsified an application for certification or other documents submitted to DPSST.’ The ALJ, applying that standard, recommended revocation of petitioner’s basic police certification and denial of his application for intermediate police certification. Accordingly, the ALJ found that petitioner knowingly falsified information on his application for certification submitted to DPSST and, as stated above, DPSST adopts that finding. It is uncertain, however, whether a licensee’s or applicant’s mental state is a necessary element of the violation. Compare ORS 703.210(3) (“made a material misstatement’) and ORS 696.301(1) (authority of Real Estate Commission to suspend or revoke if licensee ‘[k]nowingly or negligently [194]*194pursued or continued course of material misrepresentation’) with ORS 181.662(l)(a) (denial or revocation if‘officer or instructor falsified any information’). Because the evidence in this case is sufficient to support a finding that the falsifications were knowingly made, it is not necessary to resolve in this case whether the petitioner’s mental state is a necessary element of the violation.”

(Footnote omitted.) DPSST therefore revoked petitioner’s basic police certification and denied his application for intermediate police certification.

On review, petitioner argues that DPSST legally erred by concluding that falsification does not require “a higher mental state of an intent to deceive.” The starting point in resolving that issue is the express text of the statute. ORS 181.662(l)(a) provides that DPSST may deny or revoke a public safety (i.e., police) officer’s certification on a finding that the officer “falsified any information submitted on the application for certification or on any documents submitted to the Board on Public Safety Standards and Training or the department.” (Emphasis added.) In interpreting the meaning of the term “falsified,” we determine the intent of the legislature by examining the text of the statute in context. PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12, 859 P2d 1143 (1993). The common definition of the verb “falsify,” as pertinent here, means “to represent falsely : MISREPRESENT, DISTORT.” Webster’s Third New Int’l Dictionary 820 (unabridged ed 1993). Misrepresent, in turn, can mean “to represent incorrectly: to give a false, imperfect, or misleading representation” or it can “implfy] intent, suggesting deliberate falsification, injustice, bias, or prejudice.” Id. at 1445. The same is true of the term “falsification,” which is the noun form of the verb “to falsify.” A “falsification” can include either a “willful misstatement or representation” or simply “the act or an instance of falsifying.” Id. at 820.

Thus, as a matter of plain meaning and common usage, “to falsify” can refer to the mere act of making a false or erroneous representation or it can refer to doing so with a particular mental state, such as deliberately or intentionally.

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Cite This Page — Counsel Stack

Bluebook (online)
100 P.3d 1125, 196 Or. App. 190, 2004 Ore. App. LEXIS 1457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-department-of-public-safety-standards-training-orctapp-2004.