Or. Admin. Code § 750-080-0020 - Mitigating Circumstances

The State Board of Towing may consider the following mitigating circumstances prior to issuing or imposing a non-disciplinary or disciplinary action under this section:

(1) The person or entity's history in observing the provisions of ORS 98.853, 98.854, 98.856, 98.858, 181A.350, 822.200, 822.215, 822.225, 822.230, 822.235 or 822.605 and the rules of the Board under OAR Chapter 750;

(2) The nature of the violation;

(3) The effect of the violation on public safety and welfare;

(4) Whether the conduct or action(s) was inadvertent or intentional;

(5) The person's experience and education;

(6) The degree to which the action subject to sanction violates professional ethics and standards of the profession;

(7) The level of cooperation and engagement in the Board's investigation;

(8) The economic and financial condition of the person or entity subject to sanction; and

(9) Any mitigating or aggravating factors the Board may choose to consider.

Notes

Or. Admin. Code § 750-080-0020

SBOT 1-2023, adopt filed 10/31/2023, effective 1/1/2024

Statutory/Other Authority: ORS 822.265, ORS 822.995

Statutes/Other Implemented: ORS 822.265, ORS 822.995