Or. Admin. R. 856-010-0045 - Grounds for Pilot Discipline
The board may revoke or suspend a pilot's license, impose on the pilot a civil penalty of not more than $250 for each offense, or issue the pilot a written reprimand if the board finds, after notice and hearing, that:
(1) The physical health of a
pilot is such that the pilot is not physically capable of competently
exercising the license privilege and performing the work involved without
creating an unreasonable risk of harm to the pilot or to the person or property
of others.
(2) The mental or
emotional health of a pilot is such that the pilot is not competent to exercise
the license privilege and is unable to perform the work involved without
creating an unreasonable risk of harm to the pilot or to the person or property
of others.
(3) The pilot has
committed a criminal act, the facts and circumstances of which bear a
demonstrable relationship to the exercise of the license privilege. Conviction
of a crime is not required to discipline a pilot under this
provision.
(4) A pilot acts or
attempts to act as a pilot on any pilotage ground:
(a) Within 12 hours after the consumption of
any alcoholic beverage;
(b) While
under the influence of alcohol; or
(c) While using any drug that affects the
pilot's faculties in any way contrary to safety.
(5) The pilot has used alcohol, drugs,
medications or controlled substances in a manner that, as the Board determines,
casts substantial doubt on the ability of the pilot to exercise the level of
sound judgment expected of a pilot, or has used prescription drugs in a manner
inconsistent with warnings or instructions provided by the manufacturer or
prescribing physician.
(6)The pilot
has failed to make a timely report to the board as required by these
rules.
(7) The pilot when summoned
to testify before the board has failed to appear before the board, or has
failed to answer under oath any question touching on any matter connected with
the pilot's service or the pilotage ground over which the pilot is licensed as
a pilot.
(8) The pilot has been
absent from the pilotage ground for a period of sixty (60) days without the
express permission of the board.
(9) The pilot's federal license has been
suspended, revoked or has lapsed.
(10) The pilot has engaged in conduct
involving dishonesty or misrepresentation, the facts and circumstances of which
bear a demonstrable relationship to the exercise of the license
privilege.
(11) The pilot has
failed to exercise the license privilege competently or diligently.
(12) The pilot has violated any provision of
ORS 776.015 through
776.991 or any rule of the
Board.
(13) The pilot has failed to
post or maintain a surety bond or cash deposit.
(14) The pilot has failed to obey a directive
issued by an officer of the United States Customs Service, the United States
Coast Guard or other law enforcement agency when such a directive could have
been complied with safely.
(15) The
pilot or trainee has failed to comply with the provisions of an agreement in
lieu of discipline, entered into pursuant to OAR
856-010-0041.
Notes
Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS 776.116 & 776.325
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