2017 ORS 830.815¹
Refusal to issue or suspension or cancellation of certificate

(1) The State Marine Board may refuse to issue a certificate of title or a certificate of number or registration if the board determines at any time that an applicant for the certificate has:

(a) Given a false statement or false information in applying for the certificate;

(b) Otherwise failed to comply with the applicable provisions under ORS 830.060 (Consistency with federal law) to 830.140 (Boating Safety, Law Enforcement and Facility Account) and 830.700 (Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870) to 830.870 (Duplicate certificate of title) pertaining to application for certificates; or

(c) Been convicted of operating a boat while under the influence of an intoxicating liquor, cannabis or a controlled substance within one year of the date of application or within three years of the date of application if the record of conviction shows that the person willfully refused the request of a peace officer to submit to chemical testing of the breath or a field sobriety test pursuant to ORS 830.505 (Implied consent to chemical tests for intoxicants) and 830.550 (Implied consent to field sobriety tests for intoxicants).

(2) After a hearing upon 10 days’ notice, the board may cancel a certificate of title or certificate of number or registration if the board determines at any time that an owner, boat manufacturer or dealer named in the certificate:

(a) Gave a false statement or false information in applying for the certificate; or

(b) Otherwise failed to comply with the applicable provisions under ORS 830.060 (Consistency with federal law) to 830.140 (Boating Safety, Law Enforcement and Facility Account), 830.700 (Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870) to 830.715 (Record of certificates and numbers), 830.725 (Distribution of lists of owners), 830.730 (False information prohibited), 830.770 (Certificate of number required on boat), 830.780 (Identifying number on forward half of boat), 830.785 (Application for boat number), 830.795 (Issuance of certificate of number and validation stickers) to 830.820 (Duplicate certificates or validation stickers) and 830.830 (Dealer or boat manufacturer number) to 830.870 (Duplicate certificate of title) pertaining to applications for certificates.

(3) The board shall automatically suspend the certificate of number for any boat if the board receives notification of a conviction for violation of ORS 830.260 (Muffling devices) under ORS 830.270 (Notice to board on noise violation charge). The suspension under this subsection is not subject to hearing. The board shall reinstate a certificate of number suspended under this subsection when the boat owner submits proof satisfactory to the board that the boat has been approved by a person designated by the board as meeting the standards for sound levels established by the board.

(4) If the board receives notification from any court in this state that any person who is charged with a boating offense and who is the registered owner of the boat has failed to appear as required by law or has failed to comply with the judgment of the sentencing court, the board shall take the following actions:

(a) Notify, by certified mail, the registered owner of the boat involved in the offense of the owner’s failure to appear or comply with the judgment of the court. The notification shall include a copy of the citation issued to the owner and will inform the owner that the board will suspend the certificate of number for the boat 45 days from the date of the mailing of the notice by the board. The notice shall include a statement that a hearing may be requested in writing within 10 days of the notice. Any hearing requested under this subsection shall be limited to the issue of whether the person is the person who failed to appear or comply with the judgment of the sentencing court.

(b) The board shall suspend the certificate of number for the boat involved 45 days after mailing notice of intent to suspend to the owner of the boat unless a hearing has been requested or, within the 45-day notice period, the board receives notice from the court that the owner has appeared in court and is in compliance with any court order entered in the proceeding. Notice from the court may consist of a copy of any receipt or other document issued by the court indicating that the person has appeared and is in compliance with any court order.

(c) Upon suspending any certificate of number under this subsection, the board may charge the owner a reinstatement fee sufficient to cover the actual expenses of the board in processing the transactions described in this section. The board shall reinstate any certificate of number suspended under this subsection upon receiving payment of any reinstatement fee and notice from the court that the owner has appeared and fully satisfied the judgment of the court.

(5) Conviction of operating a boat while under the influence of an intoxicating liquor, cannabis or a controlled substance under ORS 830.325 (Operating boat while under influence of intoxicating liquor, cannabis or controlled substance) constitutes grounds for suspension of a person’s certificate of number or registration for all boats owned by the person. The following provisions apply to such suspension:

(a) Upon receipt of a record of conviction for a violation of ORS 830.325 (Operating boat while under influence of intoxicating liquor, cannabis or controlled substance), the board shall notify the convicted person that all certificates of number or registration issued in the person’s name are suspended. The notice shall include a statement that a hearing may be requested in writing within 10 days of the notice. Any hearing requested under this subsection shall be limited to the issue of whether the person is the person convicted.

(b) The suspension shall be for three years from the date of conviction if the record of conviction shows that the person willfully refused the request of a peace officer to submit to chemical testing of the breath or a field sobriety test under ORS 830.505 (Implied consent to chemical tests for intoxicants) and 830.550 (Implied consent to field sobriety tests for intoxicants). Otherwise the period of suspension shall be for one year from the date of conviction. [Formerly 488.780; 1991 c.931 §3; 1997 c.48 §1; 1999 c.1051 §94; 2017 c.21 §96]

Chapter 830

See also annota­tions under ORS chapter 488 in permanent edi­tion.

Atty. Gen. Opinions

Public right to use artificial lake created for recrea­tion on a nonnavigable stream on privately owned land, (1972) Vol 35, p 1202

1 Legislative Counsel Committee, CHAPTER 830—Small Watercraft, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors830.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 830, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano830.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.