Statute Text
Revocation of registration; restriction on registration application after
revocation; reprimands; rules.
(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 or as a crew member.
(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 or 704.027.
(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) Except as
provided in subsection (6) of this section, the board, in its discretion, may
reprimand an outfitter and guide or a crew member, or may suspend for up to 60
months, revoke or deny the registration of an outfitter and guide or of a crew
member, for any of the following, as applicable:
(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 a
registration, license, permit or certificate of the outfitter and guide, or of
the crew member, 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.
(h) Conviction of
assault in any degree, criminal homicide as defined in ORS 163.005 or
kidnapping in any degree.
(5) The board
shall revoke the registration of an outfitter and guide or crew member 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.
(6) The board may
deny, for any period, the registration of an outfitter and guide or crew member
if:
(a) The outfitter
and guide, the crew member or any person who provides or assists the outfitter
and guide in directly providing outfitting and guiding services has had a
certificate of registration revoked pursuant to a court order under this
section for conviction of a violation of ORS chapter 496, 497, 498 or 501, or
any rule adopted pursuant to ORS chapter 496, 497, 498 or 501; and
(b) The violation
described in paragraph (a) of this subsection involved the unlawful taking or
killing of wildlife with a culpable mental state as provided for in ORS
496.992.
(7) The board
shall adopt rules to implement subsections (4) to (6) of this section,
including rules that describe conduct that is a serious or repeated violation
of a law, rule or regulation. [1983 c.655 §7; 1989 c.586 §1; 1995 c.736 §4;
1997 c.274 §45; 1999 c.1051 §277; 2005 c.22 §483; 2013 c.422 §9; 2015 c.43