Or. Admin. R. 856-019-0060 - Disciplinary Sanctions

(1) Upon determination by the Board that a pilot is subject to discipline under OAR 856-019-0045, the Board may consider the following factors in determining the appropriate sanction to be imposed:

(a) The nature of the violation;

(b) The facts and circumstances of the violation;

(c) The mental state of the pilot in committing the violation, e.g., whether the violation was intended or unintended;

(d) The extent of the harm or injury caused by the violation or the potential for harm or injury;

(e) Any aggravating or mitigating circumstances.

(2) The Board may consider the following factors as aggravating circumstances when imposing a disciplinary sanction:

(a) Prior disciplinary actions;

(b) Dishonest or selfish motive;

(c) A series of violations;

(d) Multiple violations;

(e) Failure to cooperate with the Board in the investigation and the disciplinary proceeding;

(f) Submission of false testimony or evidence in the disciplinary proceeding;

(g) Refusal to acknowledge the wrongful nature of the misconduct;

(h) Substantial experience in pilotage;

(i) Indifference to making restitution;

(j) Any other aggravating circumstances.

(3) The Board may consider the following factors as mitigating circumstances when imposing a disciplinary sanction:

(a) Absence of prior disciplinary actions;

(b) Absence of a dishonest or selfish motive;

(c) Personal or emotional problems;

(d) Timely good faith efforts to make restitution or to rectify the consequences of the misconduct;

(e) Full and free disclosure to the Board in the investigation and the disciplinary proceeding;

(f) Inexperience in pilotage;

(g) Physical or mental impairment;

(h) Single act of misconduct or previous misconduct remote in time from present offense;

(i) Interim rehabilitation efforts between the time of the misconduct and Board proceeding;

(j) Imposition of other penalties or sanctions by other authorities;

(k) Remorse;

(l) Any other mitigating circumstances.

(4) The Board considers the following factors as being neither aggravating nor mitigating circumstances:

(a) Absence of complaint regarding the violation;

(b) Attempt by complainant to withdraw complaint;

(c) Forced or compelled restitution;

(d) Complainant's recommendation regarding sanction.

Notes

Or. Admin. R. 856-019-0060

MP 1-1992, f. & cert. ef. 4-29-92; BMP 5-2018, renumbered from 856-010-0047, filed 04/25/2018, effective 04/25/2018; BMP 18-2018, minor correction filed 05/23/2018, effective 5/23/2018

Statutory/Other Authority: ORS 776

Statutes/Other Implemented: ORS 776.115