Or. Admin. R. 337-030-0015 - Aggravation and Mitigation

After misconduct has been established, aggravating and mitigating circumstances may be considered in the decision of any sanction that may be imposed:

(1) Aggravation or aggravating circumstances are any considerations or factors that may justify an increase in the degree of discipline to be imposed. Mitigation or mitigating circumstances are any considerations or factors that may justify a reduction in the degree of discipline to be imposed.

(2) Factors which may be considered as aggravating factors include:

(a) Prior disciplinary offenses;

(b) A pattern of misconduct;

(c) Multiple offenses;

(d) Bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary agency;

(e) Submission of false evidence, false statement, or other deceptive practices during the disciplinary process;

(f) Refusal to acknowledge wrongful nature of conduct.

(3) Factors which may be considered mitigating factors include:

(a) Absence of a prior disciplinary record;

(b) Timely good faith effort to make restitution or to rectify consequences of misconduct;

(c) Full and free disclosure to disciplinary board or cooperative attitude toward proceeding;

(d) Physical or mental disability or impairment;

(e) Interim rehabilitation;

(f) Imposition of other penalties or sanctions;

(g) For persons who practice medical imaging without ever having had a license from the board, in violation of OAR 337-010-0010(3)(b): if they have ever held a relevant license in another state or have ever held a relevant and recognized imaging registry credential.

Notes

Or. Admin. R. 337-030-0015

BRT 1-2010, f. & cert. ef. 6-15-10; BMI 3-2018, amend filed 10/30/2018, effective 11/1/2018; BMI 7-2020, amend filed 07/28/2020, effective 7/28/2020

Statutory/Other Authority: ORS 688.555

Statutes/Other Implemented: ORS 688.415(1) & ORS 688.525