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

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