ORS 670.280
Denial, suspension or revocation of license based on criminal conviction

  • rebuttable presumption
  • denial of license or imposition of discipline for conduct substantially related to fitness and ability of applicant or licensee

(1)

As used in this section:

(a)

“License” includes a registration, certification or permit.

(b)

“Licensee” includes a registrant or a holder of a certification or permit.

(2)

Except as provided in ORS 342.143 (Issuance of licenses and registrations) (3) or 342.175 (Grounds for discipline) (3), a licensing board, commission or agency may not deny, suspend or revoke an occupational or professional license solely for the reason that the applicant or licensee has been convicted of a crime, but it may consider the relationship of the facts which support the conviction and all intervening circumstances to the specific occupational or professional standards in determining the fitness of the person to receive or hold the license. There is a rebuttable presumption as to each individual applicant or licensee that an existing or prior conviction for conduct that has been classified or reclassified as a Class E violation does not make an applicant for an occupational or professional license or a licensee with an occupational or professional license unfit to receive or hold the license.

(3)

Except as provided in ORS 342.143 (Issuance of licenses and registrations) (3) and 342.175 (Grounds for discipline) (3), a licensing board, commission or agency may deny an occupational or professional license or impose discipline on a licensee based on conduct that is not undertaken directly in the course of the licensed activity, but that is substantially related to the fitness and ability of the applicant or licensee to engage in the activity for which the license is required. In determining whether the conduct is substantially related to the fitness and ability of the applicant or licensee to engage in the activity for which the license is required, the licensing board, commission or agency shall consider the relationship of the facts with respect to the conduct and all intervening circumstances to the specific occupational or professional standards. There is a rebuttable presumption as to each individual applicant or licensee that an existing or prior conviction for conduct that has been classified or reclassified as a Class E violation is not related to the fitness and ability of the applicant or licensee to engage in the activity for which the license is required. [1973 c.359 §1; 1991 c.662 §6a; 2003 c.749 §13; 2009 c.386 §5; 2021 c.2 §21; 2021 c.591 §17]

Source: Section 670.280 — Denial, suspension or revocation of license based on criminal conviction; rebuttable presumption; denial of license or imposition of discipline for conduct substantially related to fitness and ability of applicant or licensee, https://www.­oregonlegislature.­gov/bills_laws/ors/ors670.­html.

Notes of Decisions

Authority to consider facts supporting conviction and intervening circumstances does not allow Real Estate Commissioner to discipline real estate licensee for acts extraneous to actual conviction. Dearborn v. Real Estate Agency, 334 Or 493, 53 P3d 436 (2002)

Law Review Citations

53 OLR 31 (1973)

Green check means up to date. Up to date

Current through early 2024

§ 670.280’s source at oregon​.gov