2017 ORS 704.040¹
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.

(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 (Registration requirement) or 704.030 (False statements in registration application) or ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511 or 830, or any rule promulgated pursuant to ORS 704.500 (Rules) 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 (Registration requirement).

(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 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980).

(h) Conviction of assault in any degree, criminal homicide as defined in ORS 163.005 (Criminal homicide) 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 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction), 163A.020 (Reporting by sex offender upon moving into state) or 163A.025 (Reporting by sex offender adjudicated in juvenile court).

(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 (Penalties).

(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]

1 Legislative Counsel Committee, CHAPTER 704—Outfitters and Guides, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors704.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.