2015 ORS 670.280¹
Denial, suspension or revocation of license based on criminal conviction
  • denial of license or imposition of discipline for conduct substantially related to fitness and ability of applicant or licensee

(1) As used in this section:

(a) "License" includes a registration, certification or permit.

(b) "Licensee" includes a registrant or a holder of a certification or permit.

(2) Except as provided in ORS 342.143 (Issuance of licenses and registrations) (3) or 342.175 (Grounds for discipline) (3), a licensing board, commission or agency may not deny, suspend or revoke an occupational or professional license solely for the reason that the applicant or licensee has been convicted of a crime, but it may consider the relationship of the facts which support the conviction and all intervening circumstances to the specific occupational or professional standards in determining the fitness of the person to receive or hold the license.

(3) Except as provided in ORS 342.143 (Issuance of licenses and registrations) (3) and 342.175 (Grounds for discipline) (3), a licensing board, commission or agency may deny an occupational or professional license or impose discipline on a licensee based on conduct that is not undertaken directly in the course of the licensed activity, but that is substantially related to the fitness and ability of the applicant or licensee to engage in the activity for which the license is required. In determining whether the conduct is substantially related to the fitness and ability of the applicant or licensee to engage in the activity for which the license is required, the licensing board, commission or agency shall consider the relationship of the facts with respect to the conduct and all intervening circumstances to the specific occupational or professional standards. [1973 c.359 §1; 1991 c.662 §6a; 2003 c.749 §13; 2009 c.386 §5]

Notes of Decisions

Authority to consider facts supporting con­vic­­tion and intervening circumstances does not allow Real Estate Commissioner to discip­line real estate licensee for acts extraneous to actual con­vic­­tion. Dearborn v. Real Estate Agency, 334 Or 493, 53 P3d 436 (2002)

Law Review Cita­tions

53 OLR 31 (1973)


1 Legislative Counsel Committee, CHAPTER 670—Occupations and Professions Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors670.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 670, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano670.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.