Or. Admin. Code § 735-070-0110

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-070-0110 - Hearing Requests Under the Administrative Procedures Act

(1) This rule establishes the hearing request requirements for DMV suspension, revocation and cancellation hearings conducted pursuant to the Administrative Procedures Act, ORS 183.413 to 183.500. This rule does not apply to a hearing request for:

(a) An implied consent hearing under ORS 813.132, 813.410 or 813.460;

(b) An administrative review under ORS 809.440(2); and

(c) A post-imposition hearing under ORS 809.440(4).

(2) A hearing request must be in writing and must:

(a) Include the person's full name;

(b) Separately identify each action being contested if a hearing is being requested for more than one suspension, revocation or cancellation action;

(c) Be postmarked within 20 days of the date of the notice. If the hearing request is not postmarked or a postmark date cannot be determined, it must be received by the Driver and Motor Vehicle Services Division of ODOT (DMV) within 20 days of the date of the notice; and

(d) Be mailed or personally delivered to DMV Headquarters, 1905 Lana Avenue NE, Salem, OR 97314 or if sent by facsimile machine (FAX), received by DMV at FAX number (503) 945-5521 or submitted online through DMV's website

(3) A Hearing request should also include the person's: address, driver license, permit, identification or customer number; date of birth; and telephone number with area code.

(4) Except as provided in OAR 137-003-0528, the person's right to a hearing is waived if a hearing is not requested within the time period specified in section (2) of this rule and the notice becomes the final order by default. The time period for requesting a hearing will be computed as set forth is OAR 137-003-0520(11).

Or. Admin. Code § 735-070-0110

MV 29-1988, f. & cert. ef. 12-16-88; MV13-1990, f. & cert. ef. 7-16-90; MV 5-1992, f. & cert. ef. 4-16-92; DMV 12-1995, f. & cert. ef. 12-14-95; DMV 23-2004, f. & cert. ef. 11-17-04; DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021; DMV 3-2021, amend filed 01/28/2021, effective 1/28/2021

Statutory/Other Authority: ORS 183.415, 184.619, 802.010 & 809.440

Statutes/Other Implemented: ORS 809.440