Oregon Statutes 704.040 – 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.
Terms Used In Oregon Statutes 704.040
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Outfitter and guide: means any person:
(A) Who, for compensation or monetary gain, provides, offers to provide or advertises the provision of:
(i) Outfitting and guiding services in this state; or
(ii) Outfitting and guiding services and either equipment, supplies, livestock or materials for use in this state; or
(B) Who holds one or more federal special use permits for commercial outfitting and guiding services for use in any forest or wilderness or on any waterway in this state. See Oregon Statutes 704.010
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(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) Except as provided in subsection (6) of this section, the board, in its discretion, may reprimand an outfitter and guide or suspend for up to 60 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.
(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 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 if:
(a) The outfitter and guide 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.438 § 3; 2017 c.21 § 124; 2017 c.293 § 3]