OAR 339-010-0022: Aggravation and Mitigation

After misconduct has been established, aggravating and mitigating circumstances may be considered in deciding what sanction to impose. The following factors will be considered in determining the dollar amount to include, but not limited to: (1) Intent; (2) Damage and injury to client; (3) Potential danger to public health, safety and welfare; (4) Severity and duration of the incident; (5) Prior disciplinary offenses; (6) A pattern of misconduct; (7) Multiple offenses; (8) Full and free disclosure to disciplinary board or cooperative attitude toward proceeding; (9) Refusal to acknowledge wrongful nature of conduct; (10) Timely good faith effort to make restitution or to rectify consequences of misconduct; (11) Economic impact on the person being sanctioned; (12) Physical or mental disability or impairment; (13) Interim rehabilitation; (14) Imposition of other penalties or sanctions.