Or. Admin. Code § 337-030-0015 - Aggravation and Mitigation

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 Board disciplinary action;

(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 Board;

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

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

(a) Absence of a prior Board action;

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

(c) Cooperation with the Board's investigation;

(d) Physical or mental disability or impairment;

(e) Interim rehabilitation;

(f) Imposition of other penalties or sanctions;

Notes

Or. Admin. Code § 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; BMI 1-2024, amend filed 02/02/2024, effective 2/2/2024

Statutory/Other Authority: ORS 688.555

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