OAR 161-006-0175
Enforcement Guidelines
(1)
Sanctions imposed by the Board are included in ORS 674.140 (Grounds for discipline) and 674.850 (Civil penalties).(2)
A notice of proposed disciplinary action shall propose the presumptive sanction(s) provided by the guidelines unless there are substantial and compelling reason(s) to propose a departure. If the Notice departs from the presumptive sanctions, the Notice shall state the substantial and compelling reason(s) for the departure.(3)
The Administrator or the Administrator’s designee shall have the authority to negotiate and approve a stipulated settlement at any time prior to issuance of a Final Order by the Board. If the parties stipulate to depart from the guidelines, the Administrator or the Administrator’s designee shall consider the purpose and principles of the guidelines and may agree to sanctions that are proportionate to the seriousness of the violations.(4)
Departure from the guidelines shall also be allowed in issuance of a Proposed Order by an Administrative Law Judge and/or a Final Order by the Board upon a showing of substantial and compelling reason(s) for said departure. Substantial and compelling reason(s) shall be stated in the Proposed Order and/or Final Order.(5)
In the event of second or subsequent violations of ORS 674.140 (Grounds for discipline)(2) and/or 674.140 (Grounds for discipline)(7), the Administrator shall not consider a prior Final Order that was issued more than five (5) years preceding the date of the second or subsequent notice of proposed sanctions.
Source:
Rule 161-006-0175 — Enforcement Guidelines, https://secure.sos.state.or.us/oard/view.action?ruleNumber=161-006-0175.