OAR 845-016-0080: Sanctions for Violations

(1) The Commission may cancel or suspend a provider or instructor's certification under its authority in ORS 471.542, 471.547 & 471.322(3) allows the Commission to impose a fine of not more than $1,000 in addition to or instead of a suspension or cancellation. (2) Violation Categories: (a) I Violations that make a provider ineligible for certification; (b) II Violations that seriously impair the quality/effectiveness of the provider's program; (c) III Violations, although not serious, that would reduce the quality or effectiveness of the provider's course if not corrected. (3) Sanctions: (a) Exhibit 1 lists the proposed sanctions for the first and subsequent violations within each category described in subsection (2)(a) of this rule. Exhibit 1 also gives the categories for the most common violations; (b) The sanctions listed in Exhibit 1 are guidelines. If the Commission finds aggravating or mitigating circumstances, it may assess a greater or lesser sanction. The Commission may always increase or decrease a sanction to prevent inequity or to take account of particular circumstances in the case. (4) The Commission increases sanctions based on successive violations in the same category within a two-year period. For example, if a provider who has committed one Category II violation and one Category III violation within the past two years, commits another Category II violation, the Commission assesses the sanction at the second level for the pending Class II violation. Numerous violations within the two-year period, regardless of the type, may indicate such a disregard for the law or failure to provide an acceptable Alcohol Server Education Course or acceptable class instruction so as to warrant cancellation of the certification. (5) A provider may not avoid the sanction for a violation or the application of the provision for successive violations by merely adding or converting to another form of legal entity when the individuals who own, operate or control the business are substantially similar. (6) When the Commission proposes to sanction a provider or instructor, the provider or instructor may make a written request for a hearing under the provisions of OAR 845, division 3 (Procedures Applicable to Contested Case Hearings). [ED. NOTE: Exhibits referenced are available from the agency.]