Or. Admin. Code § 856-010-0041 - Preventative, Corrective or Remedial Actions

(1) Notwithstanding any other provision of its regulations, the board may enter into a written agreement with a licensee in lieu of license suspension or revocation proceedings or any other disciplinary alternative. The board may enter into an agreement pursuant to this section if, after the preliminary investigation of an incident or other occurrence is complete, it appears that the licensee, the pilotage system or the public interest will be served by preventative, corrective or remedial action. An agreement between the board and a licensee may include any preventative, corrective or remedial measures including, but not limited to:

(a) Supervised retraining trips for the licensee under the supervision of pilots from the training organization for the pilotage ground;

(b) Completion of computerized simulated ship-handling training, manned model training, radar observer training, or such other training or course work as may be appropriate under the circumstances that is in addition to continuing professional development training required of all licenses;

(c) Counseling relating to the duties and obligations of a pilot; or

(d) Issuance by the board of a letter of warning or concern to the licensee.

(2) An agreement entered into between a licensee and the board pursuant to this section shall not be considered an admission of a violation of statute or rule and the agreement shall not be considered to be a board determination of a violation of statute or rule on the part of the licensee who enters into the agreement. The preventative, corrective or remedial measures contained in such agreement and the licensee's compliance with the agreement may be considered by the board in any subsequent proceeding in which such matters are relevant.

(3) A licensee who enters into an agreement with the board must complete all requirements in the agreement within the time period specified in the agreement. Failure by the licensee to complete any agreed upon remedial or corrective measures shall constitute a separate ground for discipline pursuant to OAR 856-010-0045.

Notes

Or. Admin. Code § 856-010-0041

MP 1-1988(Temp), f. & cert. ef. 2-5-88; MP 2-1988, f. & cert. ef. 5-4-88; MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1996, f. & cert. ef. 5-9-96; BMP 2-2001, f. & cert. ef. 5-21-01; Renumbered from 856-010-0048, BMP 3-2011, f. 6-28-11, cert. ef. 6-29-11

Stat. Auth.: ORS 776

Stats. Implemented: ORS 776.115