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Oregon Revised Statutes Occupations and Professions § 704.040

Current as of January 01, 2023 | Updated by Findlaw Staff

(1) The Legislative Assembly finds that violation of fire prevention, wildlife, hunting, angling, trapping, commercial fishing, recreational boating or public safety laws is directly related to the fitness required for registration as an outfitter and guide.

(2) When a person is convicted of a felony or misdemeanor related to the provision of services regulated by this chapter, a violation of ORS 704.020 or 704.030 or ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511 or 830, or any rule promulgated pursuant to ORS 704.500 or ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511 or 830, the court having jurisdiction of the offense may order the State Marine Board to revoke the certificate of registration issued to that person pursuant to ORS 704.020.

(3) When a court orders revocation of a certificate of registration pursuant to this section, the court shall take up the certificate of registration and forward it with a copy of the revocation order to the board. Upon receipt thereof, the board shall cause revocation of the certificate of registration in accordance with the court order.

(4) A person who has had a certificate of registration revoked pursuant to a court order under this section is ineligible to register under ORS 704.020 for a period of 24 months from the date the court ordered the revocation.

(5) The board, in its discretion, may reprimand an outfitter and guide or suspend for up to 24 months, revoke or deny the registration of an outfitter and guide for any of the following:

(a) Conviction of a felony or misdemeanor related to the provision of services regulated by this chapter.

(b) Any serious or repeated violation of this chapter or ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511 or 830 or any rule adopted pursuant to ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511 or 830.

(c) Any serious or repeated violation of the fish and wildlife laws or regulations of the federal government or of another state for committing or omitting acts that, if committed or omitted in this state, would be a violation of ethical or professional standards established pursuant to this chapter. A certified copy of the record of suspension or revocation of the state making such suspension or revocation is conclusive evidence thereof.

(d) Having an outfitter and guide registration, license, permit or certificate suspended, revoked, canceled or denied by another state or by an agency of the United States for committing or omitting acts that, if committed or omitted in this state, would be a violation of ethical or professional standards established pursuant to this chapter. A certified copy of the record of suspension or revocation of the state making such suspension or revocation is conclusive evidence thereof.

(e) Having a United States Coast Guard vessel operator license revoked, suspended or canceled by the United States Coast Guard for committing or omitting acts that if committed or omitted in this state would be a violation of standards established pursuant to this chapter. A certified copy of the record of revocation, suspension or cancellation from the United States Coast Guard is conclusive evidence thereof.

(f) Engaging in fraudulent, untruthful or seriously misleading advertising in the conduct of the outfitting and guiding services.

(g) Conviction of a crime involving delivery, manufacture or possession of a controlled substance, as defined in ORS 475.005, except marijuana.

(h) Conviction of assault in any degree, criminal homicide as defined in ORS 163.005 or kidnapping in any degree.

(6) The board shall revoke the registration of an outfitter and guide for:

(a) Conviction of a crime, the result of which prohibits the person from possessing a firearm; or

(b) Conviction of a crime, the result of which requires the person to be registered as a sex offender under ORS 163A.010, 163A.015, 163A.020 or 163A.025.

(7) The board shall adopt rules to implement subsections (5) and (6) of this section, including rules that describe conduct that is a serious or repeated violation of a law, rule or regulation.

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Cite this article: FindLaw.com - Oregon Revised Statutes Occupations and Professions § 704.040 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-52-occupations-and-professions/or-rev-st-sect-704-040/

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