OAR 856-019-0060
Disciplinary Sanctions
(1)
Upon determination by the Board that a pilot is subject to discipline under OAR 856-019-0045 (Grounds for Pilot and Trainee Discipline), 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.
Source:
Rule 856-019-0060 — Disciplinary Sanctions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=856-019-0060
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