Oregon Public Utility Commission, Oregon Board of Maritime Pilots

Rule Rule 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

Last accessed
Jun. 8, 2021