1. (1) Any person who has been denied an application for a license may not file a similar application until one year from the date of the last previous denial by the commission.  Any application filed within the one year period may be denied without the necessity of a hearing.
2. (2) Any person who has had his or her license revoked may not petition for reinstatement or apply for a new license until one year after the date of such revocation.  Any petition for reinstatement filed within the one year period may be denied without the necessity of a hearing.

3. (3) When considering economic sanctions, license suspension, denial or reinstatement, the commission, on a case by case basis, shall consider the following criteria in evaluating the rehabilitation of the person or petitioner and his or her present eligibility for a license:

   1. (a) The nature and severity of the act(s) or crime(s).
   2. (b) The type of license held, if any.
   3. (c) Evidence of any act(s) or crime(s) committed subsequent to the act(s) or crime(s).
   4. (d) The time that has elapsed since commission of the act(s) or crime(s) referred to in subsection (1) or (3).
   5. (e) The extent to which the person or petitioner has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the applicant or petitioner.
   6. (f) Evidence, if any, of rehabilitation submitted by the person or petitioner[A1] .
4. (4) If a person is participating at an event supervised by an Amateur Athletic Organization (AAO), the Administrator will consult with the AAO prior to penalties being levied to the person.
5. (5) A warning letter may precede a fine, suspension or revocation.
6. (6) Fines will be no less than $20.00 and no more than the $100,000.00 pursuant to ORS Chapter 463.
7. (7) Suspension will be no less than thirty days.
8. (8) In some cases a license may be revoked permanently.
9. (9) Penalties will be evaluated per offense.

Statutory/Other Authority

ORS 463.113

Statutes/Other Implemented

ORS 463.113

History

SAC 11-2018, amend filed 01/09/2018, effective 01/09/2018
BWC 1-1995, f. 10-10-95, cert. ef. 10-13-95
BWC 1-1988, f. 3-22-88, cert. ef. 3-29-88