OAR 856-019-0060: Disciplinary Sanctions

(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: (a) The nature of the violation; (b) The facts and circumstances of the violation; (c) The mental state of the pilot in committing the violation, e.g., whether the violation was intended or unintended; (d) The extent of the harm or injury caused by the violation or the potential for harm or injury; (e) Any aggravating or mitigating circumstances. (2) The Board may consider the following factors as aggravating circumstances when imposing a disciplinary sanction: (a) Prior disciplinary actions; (b) Dishonest or selfish motive; (c) A series of violations; (d) Multiple violations; (e) Failure to cooperate with the Board in the investigation and the disciplinary proceeding; (f) Submission of false testimony or evidence in the disciplinary proceeding; (g) Refusal to acknowledge the wrongful nature of the misconduct; (h) Substantial experience in pilotage; (i) Indifference to making restitution; (j) Any other aggravating circumstances. (3) The Board may consider the following factors as mitigating circumstances when imposing a disciplinary sanction: (a) Absence of prior disciplinary actions; (b) Absence of a dishonest or selfish motive; (c) Personal or emotional problems; (d) Timely good faith efforts to make restitution or to rectify the consequences of the misconduct; (e) Full and free disclosure to the Board in the investigation and the disciplinary proceeding; (f) Inexperience in pilotage; (g) Physical or mental impairment; (h) Single act of misconduct or previous misconduct remote in time from present offense; (i) Interim rehabilitation efforts between the time of the misconduct and Board proceeding; (j) Imposition of other penalties or sanctions by other authorities; (k) Remorse; (l) Any other mitigating circumstances. (4) The Board considers the following factors as being neither aggravating nor mitigating circumstances: (a) Absence of complaint regarding the violation; (b) Attempt by complainant to withdraw complaint; (c) Forced or compelled restitution; (d) Complainant’s recommendation regarding sanction.