1. (1) Upon determination by the Board that a pilot is subject to discipline under OAR 856-019-0045, the Board may consider the following factors in determining the appropriate sanction to be imposed:

   1. (a) The nature of the violation;
   2. (b) The facts and circumstances of the violation;
   3. (c) The mental state of the pilot in committing the violation, e.g., whether the violation was intended or unintended;
   4. (d) The extent of the harm or injury caused by the violation or the potential for harm or injury;
   5. (e) Any aggravating or mitigating circumstances.

2. (2) The Board may consider the following factors as aggravating circumstances when imposing a disciplinary sanction:

   1. (a) Prior disciplinary actions;
   2. (b) Dishonest or selfish motive;
   3. (c) A series of violations;
   4. (d) Multiple violations;
   5. (e) Failure to cooperate with the Board in the investigation and the disciplinary proceeding;
   6. (f) Submission of false testimony or evidence in the disciplinary proceeding;
   7. (g) Refusal to acknowledge the wrongful nature of the misconduct;
   8. (h) Substantial experience in pilotage;
   9. (i) Indifference to making restitution;
   10. (j) Any other aggravating circumstances.

3. (3) The Board may consider the following factors as mitigating circumstances when imposing a disciplinary sanction:

   1. (a) Absence of prior disciplinary actions;
   2. (b) Absence of a dishonest or selfish motive;
   3. (c) Personal or emotional problems;
   4. (d) Timely good faith efforts to make restitution or to rectify the consequences of the misconduct;
   5. (e) Full and free disclosure to the Board in the investigation and the disciplinary proceeding;
   6. (f) Inexperience in pilotage;
   7. (g) Physical or mental impairment;
   8. (h) Single act of misconduct or previous misconduct remote in time from present offense;
   9. (i) Interim rehabilitation efforts between the time of the misconduct and Board proceeding;
   10. (j) Imposition of other penalties or sanctions by other authorities;
   11. (k) Remorse;
   12. (l) Any other mitigating circumstances.

4. (4) The Board considers the following factors as being neither aggravating nor mitigating circumstances:

   1. (a) Absence of complaint regarding the violation;
   2. (b) Attempt by complainant to withdraw complaint;
   3. (c) Forced or compelled restitution;
   4. (d) Complainant’s recommendation regarding sanction.

Statutory/Other Authority

ORS 776

Statutes/Other Implemented

ORS 776.115

History

BMP 18-2018, minor correction filed 05/23/2018, effective 05/23/2018
BMP 5-2018, renumbered from 856-010-0047, filed 04/25/2018, effective 04/25/2018
MP 1-1992, f. & cert. ef. 4-29-92