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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION
DIVISION 70
DRIVER LICENSES — REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT
735-070-0000
Driver License Cancellations — Not Entitled to Driving Privileges
(1) DMV will, under the provisions of ORS 807.350 and 809.310(1), cancel a person’s driving privileges if DMV determines the person is not entitled to or no longer qualified for a driver permit or driver license.
(2) A person is not entitled to a driver permit or driver license if the person does not meet the eligibility requirements of ORS 807.024, 807.040, 807.060, 807.062, 807.065, 807.066 and 807.070.
(3) A person is not entitled to a driver permit or driver license if the person’s driving privileges are suspended or revoked in any jurisdiction.
Stat. Auth.: ORS 184.616, 184.619 & 802.010
Stats. Implemented: ORS 802.540, 807.040, 807.050, 807.060, 807.070, 807.120, 807.150, 807.400 & 809.310
Hist.: MV 16-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0061; MV 11-1988(Temp), f. & cert. ef. 4-1-88; MV 19-1988, f. & cert. ef. 6-1-88; MV 8-1989, f. & cert. ef. 2-1-89; MV 14-1992, f. & cert. ef. 10-16-92; MV 16-1992, f. & cert. ef. 12-16-92; DMV 3-2002, f. & cert. ef. 3-14-02; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 24-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 9-2010, f. & cert. ef. 4-28-10
735-070-0004
Cancellation and Suspension
Actions Under ORS 809.310
(1) Pursuant to
ORS 809.310(1) and (2) and 807.400(17), DMV will cancel any driver license, driver
permit or identification card when DMV determines that it was issued on the basis
of false information given to DMV or determines that the person is not entitled
to driving privileges or the identification card. The cancellation action may be
taken in addition to the suspension actions authorized by section (3) of this rule.
(2) When
DMV cancels a person’s driver license, driver permit or identification card
under section (1) of this rule, DMV may cancel any other driver license, driver
permit or identification card issued to the person to which the person is not entitled
or which was issued on the basis of false information given to DMV.
(3) Pursuant
to ORS 809.310(3) and 809.415(5), DMV will suspend driving privileges and the right
to apply for driving privileges if DMV determines that a person has knowingly committed
any of the acts identified in ORS 809.310(3)(a) through (h). The suspension will
be imposed regardless of when the act occurred.
(4) When
DMV suspends a person’s driving privileges pursuant to ORS 809.411(9) because
the person has been convicted of any of the acts identified in 809.310(3) (a) through
(h), or because DMV has determined the person knowingly committed any of the acts
identified in 809.310(3)(a) through (h), DMV will suspend any other driving privileges
issued to the person and the person’s right to apply for driving privileges.
(5) Notwithstanding
sections (3) and (4) of this rule, when DMV has determined a person gave a false
or fictitious address to DMV, DMV will cancel but not suspend the person’s
driver license, driver permit or identification card under section (1) of this rule.
Stat. Auth.: ORS
184.616, 184.619 & 802.010
Stats. Implemented:
ORS 809.310 & 809.320
Hist.: MV
8-1989, f. & cert. ef. 2-1-89; MV 18-1993, f. 12-17-93, cert. ef. 1-1-94; DMV
16-1994, f. & cert. ef. 12-20-94; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08;
DMV 11-2011, f. & cert. ef. 11-23-11; DMV 13-2012, f. & cert. ef. 9-20-12
735-070-0006
Reinstatement
of Driving Privileges Suspended for Obtaining False ID
(1) Chapter 14,
Oregon Law 2012 allows DMV to reinstate driving privileges prior to the full year
suspension required under ORS 809.415(5) if DMV determines the person committed
an act constituting an offense described in ORS 809.310(3)(a) or (b) when he or
she was under 21 years of age and the only reason for the act was to obtain a driver
license, driver permit or identification card that would make the person appear
old enough to purchase or consume alcohol or to enter licensed premises prohibited
to minors.
(2) A person
may request reinstatement of driving privileges if the person’s driving privileges
or right to apply for driving privileges are suspended under ORS 809.415(5) and
OAR 735-070-0004(3) for committing an act that constitutes an offense under ORS
809.310(3)(a) or (b). To request reinstatement, the person must submit a written
request for an administrative review. The request for an administrative review
must include a signed statement describing how and for what purpose the person obtained
a driver license or identification card when he or she committed the act under ORS
809.310(3)(a) or (b).
(3) Upon
receipt of a request described under section (2) of this rule, DMV will conduct
an administrative review to determine if the person’s driving privileges or
right to apply for driving privileges should be reinstated. DMV will authorize
reinstatement of driving privileges or the right to apply, only if DMV determines
the circumstances of the person’s commission of an act under ORS 809.310(3)(a)
or (b) meets all of the following criteria:
(a) The person
was under 21 years of age at the time the person committed the act;
(b) The person’s
driving privileges were not suspended or revoked at the time the person committed
the act;
(c) The person
did not commit more than one act described in ORS 809.310(3)(a) or (b); and
(d) It appears
from the statement provided that the act was committed solely for the purpose of
attempting to purchase, purchasing, consuming or acquiring alcoholic beverages or
entering or attempting to enter licensed premises posted or otherwise identified
as being prohibited to the use of minors.
(4) Upon
completion of an administrative review, DMV will issue an order. If DMV determines
the circumstances of the person’s commission of an act under ORS 809.310(3)(a)
or (b) meet the criteria set forth in section (3) of this rule, the person’s
driving privileges or right to apply for driving privileges will be reinstated upon
payment of a reinstatement fee.
Stat. Auth.: ORS
184.616, 184.619, 802.010 & 2012 OL Ch. 14
Stats. Implemented:
ORS 809.310, 809.320 & 2012 OL Ch. 14
Hist.: DMV
15-2012, f. & cert. ef. 11-19-12
735-070-0010
Reinstatement Following Cancellation or Suspension Under ORS 807.220, 807.230, 807.350, 809.310 and 809.320
(1) DMV will reissue a driver
permit, driver license or identification card to a person whose driving privileges
or identification card is canceled under ORS 809.310(1) because the person is not
entitled only if the person corrects the condition that caused the cancellation
and otherwise meets all requirements for driving privileges or an identification
card.
(2) DMV will reissue a driver
permit, driver license or identification card canceled under ORS 809.310(2) because
there is an error, i.e. wrong class of license or permit, incorrect endorsement;
incorrect date of birth, name, expiration date or issue date once the person surrenders
the driver permit, driver license or identification card with the error. If the
information on the driver permit, driver license or identification card is wrong
because of a DMV error, a no fee replacement will be issued.
(3) DMV will reissue a driver
permit, driver license or identification card canceled under ORS 809.310(2) because
the address is not the person’s residence address as required by law once
the person surrenders the driver permit, driver license or identification card with
the incorrect information and the person provides DMV with acceptable documentary
proof of residence address as described in OAR 735-062-0030(1) and pays all applicable
fees.
(4) Notwithstanding sections
(1), (2) and (3) of this rule, when a person whose driving privileges or identification
card are canceled under ORS 809.310(1) or 809.310(2) is not a resident of Oregon,
DMV will rescind the cancellation to allow the person to obtain driving privileges
or an identification card in another jurisdiction but will not reissue an Oregon
driver license, driver permit, or identification card. The person must:
(a) Request that DMV rescind
the cancellation;
(b) Have corrected all applicable
conditions that caused the cancellation except for the domicile or residency requirements
under ORS 807.062; and
(c) Provide verification from
another jurisdiction that:
(A) The person has applied and
meets the requirements for driving privileges or an identification card in that
jurisdiction;
(B) The person has surrendered
his or her Oregon driver license or identification card to the jurisdiction, or
has stated that the card was surrendered to DMV or that it was lost, destroyed or
mutilated; and
(C) The cancellation must be
rescinded in order for the person to qualify for driving privileges or an identification
card in the other jurisdiction.
(5) DMV will issue a driver
license, driver permit or identification card when a person described in section
(4) of this rule returns to Oregon and the person corrects the condition that caused
the cancellation and meets all eligibility requirements for driving privileges or
an identification card and pays all applicable fees.
(6) DMV will reinstate the person’s
driving privileges or identification card, including his or her right to apply suspended
under ORS 809.310(3)(b)–(h) when:
(a) One year has elapsed since
the effective date of the suspension; and
(b) The person pays the reinstatement
fee.
(7) When a person’s driving
privileges or identification card, including the right to apply, is suspended under
ORS 809.310(3)(a), DMV will reinstate the driving privileges or identification card
one year from the effective date of the suspension if the person:
(a) Provides a verifiable SSN
or proof that the person is not eligible for a SSN as provided in OAR 735-062-0005(2);
(b) Provides proof of legal
presence as provided in OAR 735-062-0015;
(c) Submits to the collection
of biometric data and establishes identity as provided in ORS 807.024 and OAR 735-062-0016;
(d) Provides proof of identity
and date of birth as provided in OAR 735-062-0020;
(e) Submits proof of residence
address as provided in OAR 735-062-0030(1); and
(f) Pays the reinstatement fee.
(8) Notwithstanding section
(7) of this rule, when a person’s driving privileges or identification card
are suspended under ORS 809.310(3)(a) and is no longer a resident of Oregon, he
or she may request to have his or her driving privileges, identification card or
right to apply be reinstated in order to be issued in another jurisdiction. DMV
will not issue an Oregon driver license, driver permit or identification card, but
will reinstate the driving privileges, identification card or right to apply when:
(a) One year has elapsed since the
effective date of the suspension;
(b) The person provides verification from
another jurisdiction that:
(A) The person has applied and
meets the requirements for driving privileges or an identification card in that
jurisdiction; and
(B) The person has surrendered
his or her Oregon driver license or identification card to that jurisdiction, or
has stated that the card was surrendered to DMV or that it was lost, destroyed or
mutilated; and
(c) The person pays the reinstatement
fee.
(9) A person described in section
(8) of this rule, who returns to Oregon, may be eligible for a driver license, driver
permit or identification card. DMV will issue a driver license, driver permit or
identification card when:
(a) Provides a verifiable SSN
or proof that the person is not eligible for a SSN as provided in OAR 735-062-0005(2);
(b) Provides proof of legal
presence as provided in OAR 735-062-0015;
(c) Submits to the collection
of biometric data and establishes identity as provided in ORS 807.024 and OAR 735-062-0016;
(d) Provides proof of identity
and date of birth as provided in OAR 735-062-0020;
(e) The person submits proof
of residence address as provided in OAR 735-062-0030(1); and
(f) The person meets all eligibility
requirements for driving privileges or an identification card and pays all applicable
fees.
(10) When DMV cancels a person’s
driver permit or driver license for withdrawal of consent under ORS 809.320, DMV
will reinstate driving privileges when the person:
(a) Pays a replacement driver
permit or driver license fee or a renewal fee, if applicable; and
(b) Submits one of the following
if the person is under 18 years of age:
(A) An application for a driver
permit or driver license that is signed by the person’s mother, father or
legal guardian;
(B) Court papers showing that
the person is declared emancipated by the court; or
(C) Evidence that the person
is married.
(11) When DMV cancels a person’s
driving privileges because the person is not qualified or does not meet the requirements
under ORS 807.350, DMV will not grant driving privileges until the person meets
the requirements and demonstrates qualification for a driver license under 807.040,
807.050, 807.060, 807.062, 807.065, 807.066 and 807.070.
(12) When the special student
driver permit of a person under 16 years of age is canceled under ORS 807.230(7),
DMV will only issue driving privileges when the person has reached 16 years of age
and if the person is eligible and meets all applicable requirements in 807.040,
807.065 and 807.066 and OAR 735-062-0007 to obtain a driver permit or driver license.
When the special student driver permit of a person over 16 years of age is canceled,
DMV will not reissue a special student driver permit however the person may apply
for a driver license if eligible and if the person meets all applicable requirements
in ORS 807.040, 807.065, 807.066 and OAR 735-062-0007.
(13) When an emergency driver
permit is canceled under ORS 807.220(3)(g), DMV will:
(a) Reissue an emergency driver
permit after one year has elapsed from the effective date of the cancellation if
the person is eligible and meets the requirements in OAR 735-064-0230; or
(b) Issue a driver permit or
a driver license if the person is eligible and meets all applicable requirements
in ORS 807.040, 807.065 and 807.066 and OAR 735-062-0007.
Stat. Auth.: ORS 184.616, 184.619
& 802.010
Stats. Implemented: ORS 807.021,
807.022, 807.220, 807.230, 807.400, 809.310 & 809.320
Hist.: MV 16-1987, f. 9-21-87,
ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0064; MV
14-1992, f. & cert. ef. 10-16-92; MV 18-1993, f. 12-17-93, cert. ef. 1-1-94;
DMV 16-1994, f. & cert. ef. 12-20-94; DMV 3-2002, f. & cert. ef. 3-14-02;
DMV 16-2005(Temp), f. & cert. ef. 6-17-05 thru 12-13-05; DMV 23-2005, f. &
cert. ef. 11-18-05; DMV 27-2005, f. 12-14-05 cert. ef. 1-1-06; DMV 13-2006, f. 9-22-06,
cert. ef. 10-2-06; DMV 19-2006, f. & cert. ef. 12-13-06; DMV 1-2008(Temp), f.
1-18-08, cert. ef. 2-4-08 thru 8-1-08; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08;
DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12
735-070-0015
NDR/PDPS and CDLIS Checks at Reinstatement
(1) Before reinstating suspended driving privileges, DMV will make an inquiry to the National Driver Register/Problem Driver Pointer System (NDR/PDPS) and the Commercial Driver License Information System (CDLIS) to determine if the person's driving privileges are suspended, revoked, canceled, or otherwise not valid in any other jurisdiction.
(2) DMV will not reinstate suspended driving privileges until the person's driving privileges are reinstated or otherwise valid in all jurisdictions, unless the only remaining reinstatement requirement in another jurisdiction is proof of financial responsibility. Nothing in this section prohibits DMV from reinstating a regular Class C driver license to a person whose commercial driving privileges are not valid in all other jurisdictions as long as the person's regular Class C or equivalent driving privileges are valid in all other jurisdictions.
(3) This rule does not apply if:
(a) The person has never been issued Oregon driving privileges;
(b) The person's Oregon-issued driving privileges are expired, revoked or cancelled; or
(c) The person's Oregon-issued driving privileges are suspended but the person has subsequently been issued driving privileges in another jurisdiction.
Stat. Auth.: ORS 184.616, 184.619 & 802.010
Stats. Implemented: ORS 807.040, 807.060, 807.249, 809.380, 809.390 & 809.400
Hist.: DMV 14-2006, f. 9-29-06, cert. ef. 10-2-06
735-070-0020
Hearing Following a Cancellation
(1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will grant a contested case hearing for cancellation actions in accordance with sections (5) and (6) of this rule.
(2) A request for a hearing on the cancellation of a driver permit, driver license or identification card must comply with the requirements established in OAR 735-070-0110.
(3) When DMV receives a timely request for a hearing on the cancellation of a driver permit, driver license, or identification card, the cancellation will not go into effect pending the outcome of the hearing, except in the following situations:
(a) When DMV determines that there is a serious danger to the public health, safety, or welfare;
(b) When the cancellation is due to a person’s inability to establish identity as required in ORS 807.024 and OAR 735-062-0016;
(c) When the cancellation is for withdrawal of parent's consent; or
(d) When the cancellation has gone into effect.
(4) For the purposes of this rule, a serious danger to the public health, safety or welfare includes, but is not limited to, the following:
(a) A false or fraudulent driver permit, driver license or identification card has been issued and it could be used to facilitate:
(A) A minor's acquisition of alcoholic beverages;
(B) The cashing of forged checks;
(C) The acquisition of property under false pretenses; or
(D) Any other unlawful activity.
(b) A driver permit or driver license is issued to a person whose driving privileges are suspended or revoked at the time the driver permit or driver license is issued. This applies to a situation where DMV would not have issued the driver permit or driver license had it known at the time that the person's driving privileges were suspended or revoked.
(c) A person determined by DMV to be an endangerment to persons or property and denied further testing through cancellation of driving privileges under ORS 807.350 and OAR 735-062-0073(5).
(5) The Office of Administrative Hearings will conduct hearings held on identification card cancellations under ORS 807.400 as contested cases in accordance with 183.310 to 183.550.
(6) The Office of Administrative Hearings will conduct hearings held on driver permit or driver license cancellations under ORS 809.310 not based on a conviction as contested cases in accordance with 183.310 to 183.550.
Stat. Auth.: ORS 183.415, 184.616, 802.010, 807.173 809.440 & 814.619
Stats. Implemented: ORS 807.173 & 809.310
Hist.: MV 16-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0067; MV 9-1989, f. & cert. ef. 2-1-89; MV 5-1992, f. & cert. ef. 4-16-92; DMV 3-2002, f. & cert. ef. 3-14-02; DMV 3-2005, f. 1-20-05, cert. ef. 1-31-05; DMV 18-2005(Temp), f. & cert. ef. 8-18-05 thru 2-13-06; DMV 26-2005, f. & cert. ef. 12-14-05; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
735-070-0030
Suspension/Revocation for Out-of-State Conviction, Suspension or Revocation
(1) For purposes of ORS 809.400(1):
(a) The date a notice of conviction is received by the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) is:
(A) The date the notice of conviction is date stamped by the Driver Records Unit; or
(B) The date the notice of conviction is electronically transmitted to Oregon DMV from the reporting jurisdiction.
(b) “Initiated” means the date the conviction is entered on the person’s Oregon driving record.
(c) A conviction is entered on the person’s Oregon driving record when it is manually placed on the record by DMV or when it is transmitted from the reporting jurisdiction if received electronically.
(2) Except as provided in ORS 809.400(1), DMV will suspend or revoke the driving privileges of any resident of this state upon receiving notice of the conviction of the person in another jurisdiction for an offense which, if committed in this state, would be grounds for suspending or revoking of the person’s driving privileges.
(3) DMV will suspend the driving privileges of a resident of this state, upon receiving notice from another state, territory, federal possession or district, or province of Canada that the person’s driving privileges have been suspended or revoked in that jurisdiction under circumstances which would require DMV to suspend driving privileges under ORS 813.410(1) if the conduct had occurred in Oregon.
(4) DMV will suspend the commercial driving privileges of a resident of this state pursuant to ORS 809.413(12), upon receiving notice that the person’s commercial driving privileges have been suspended or revoked in another jurisdiction under circumstances that would require DMV to suspend driving privileges if the conduct had occurred in Oregon. The period of suspension will be the same as would be imposed if the conduct had occurred in Oregon.
(5) A suspension under section (3) of this rule will continue until evidence acceptable to DMV is received that the person has complied with the law of the reporting jurisdiction, driving privileges have been restored in the reporting jurisdiction, or the revocation or suspension in the other jurisdiction was not imposed under circumstances that would require DMV to suspend driving privileges under ORS 813.410(1) if the conduct had occurred in Oregon. Acceptable evidence is:
(a) A letter on letterhead from the reporting jurisdiction showing the person has complied with the jurisdiction’s law or that driving privileges have been restored.
(b) A certified copy of the driving record from the reporting jurisdiction showing the restoration of driving privileges;
(c) Response to a DMV inquiry to the National Driver Register/Problem Driver Pointer System (NDR/PDPS) indicating the person’s driving privileges are not suspended, revoked, cancelled or otherwise not valid in the reporting jurisdiction; or
(d) A copy of the reporting jurisdiction’s law and any relevant documents showing the suspension or revocation was not imposed under circumstances that would require DMV to suspend if the conduct had occurred in Oregon.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 809.400
Stats. Implemented: ORS 802.540, 809.413 & 809.400
Hist.: MV 10-1986, f. & ef. 6-20-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0053; MV 16-1990, f. & cert. ef. 9-25-90; MV 1-1992, f. & cert. ef. 2-18-92; DMV 6-1995, f. & cert. ef. 3-9-95; DMV 22-2004, f. 11-17-04, cert. ef. 1-1-05; DMV 31-2005, f. & cert. ef. 12-14-05; DMV 26-2008, f. & cert. ef. 10-23-08
735-070-0035
Effect of Commercial Driver License Suspension on Class C Driver License
(1) A person's commercial motor vehicle driving privileges may be suspended without affecting the person's privileges to operate vehicles which may be operated with a Class C driver license.
(2) When a person's commercial driver license is suspended independently of the Class C license, the person may not be issued a hardship permit to operate commercial motor vehicles.
(3) When a person's commercial driver license is suspended independently of the Class C license, the person shall surrender his or her commercial driver license for a Class C driver license.
Stat. Auth.: ORS 802.010, ORS 802.200, ORS 807 & Ch. 636, OL 1989
Stats. Implemented: ORS 809.240 & §51, Ch. 636, OL 1989
Hist.: MV 6-1990, f. & cert. ef. 4-2-90
735-070-0040
Definition of "Address as Shown by Driver Licensing Records of the Department"
(1) "Address as shown by driver licensing records of the department,"as used in ORS 809.430 relating to mailing of notice, is defined as the address contained in the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV)'s computerized customer file:
(2) When a person's Oregon license, permit or identification card is expired, suspended, revoked or has not been issued, this address shall be the address shown on the computerized customer file, except when the suspension or revocation is pursuant to ORS 809.409 or 809.411 and 813.400. In this case, the address of record shall be the address contained on the source document that initiated the suspension or revocation unless the customer file shows a change of address processed after the address was recorded on the source document.
Stat. Auth.: ORS 184.616
Stats. Implemented: ORS 809.430
Hist.: MV 17-1980, f. & ef. 9-18-80; Administrative Renumbering 3-1988, Renumbered from 735-031-0055; MV 33-1989, f. & cert. ef. 10-3-89; DMV 1-1995, f. & cert. ef. 1-23-95
735-070-0050
Designated Agents for Vehicle Suspensions
The Driver and Motor Vehicle Services Division of the Department of Transportation may designate any peace officer as its agent for the purposes of assisting in the maintaining, storage, and disposing of license plates and vehicle registration cards secured under ORS 809.020 (2)(a).
Stat. Auth.: ORS 809
Stats. Implemented: ORS 809.020
Hist.: MV 24-1986, f. 12-31-86, ef. 1-1-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0800
735-070-0054
Police Reports for Implied Consent Suspension Under ORS 813.100, 813.120, 813.132 and 813.410
(1) A police report required
by ORS 813.100 must be submitted to the Driver and Motor Vehicle Services Division
of the Department of Transportation (DMV) on forms approved and distributed by the
department.
(2) For the Driver Suspensions
Unit to suspend a person’s non-commercial Class C driving privileges, commercial
driver license, or both or right to apply for driving privileges or a commercial
driver license under ORS 813.410 for failure of a breath test or for refusal of
a breath, blood or urine test, the implied consent form(s) must:
(a) Be received by DMV on or
before the 30th day after the date of arrest; and
(b) Contain the following information:
(A) Specify all of the following
that apply:
(i) The person failed a breath
test;
(ii) The person refused a breath
test;
(iii) The person refused a blood
test;
(iv)The person refused a urine
test;
(v) The person was operating
a commercial motor vehicle;
(vi) The person was operating
a vehicle transporting hazardous materials.
(B) A date of arrest; and
(C) The reporting officer’s
signature below the statement, “I affirm by my signature that the foregoing
events occurred.” The officer’s signature will be considered acceptable
if located anywhere on the line of the form directly below the statement.
(3) For the Driver Suspensions
Unit to suspend a person’s non-commercial Class C driving privileges, commercial
driver license, or both or right to apply for driving privileges or a commercial
driver license under ORS 813.410 for
failure of a blood test, the police report form must be received by DMV on or before
the 45th day after the date of arrest and must indicate that the person failed a
blood test and whether the person was operating a commercial motor vehicle, as well
as the information required in paragraphs (2)(b)(B) and (C) of this rule.
(4) If an implied consent suspension has
been posted pursuant to this rule and a timely hearing request has not been submitted
as provided for in ORS 813.410(3), the driver may have the implied consent suspension
withdrawn only by:
(a) Having the police agency
or district attorney’s office follow procedures outlined in OAR 735-070-0055;
(b) Obtaining and prevailing
at a hearing under ORS 813.440; or
(c) The Driver Suspension Unit,
when it withdraws the suspension pursuant to ORS 813.460 and OAR 735-070-0060.
Stat. Auth.: ORS 184.616, 184.619,
802.010, 813.100 & 813.120.
Stats. Implemented: ORS 813.100,
813.120, 813.130 & 813.404 - 813.460
Hist.: DMV 7-1995, f. &
cert. ef. 3-9-95; DMV 12-1995, f. & cert. ef. 12-14-95; DMV 9-1996, f. &
cert. ef. 10-10-96; DMV 23-2004, f. & cert. ef. 11-17-04; DMV 31-2005, f. &
cert. ef. 12-14-05; DMV 12-2011, f. & cert. ef. 11-23-11
735-070-0055
Withdrawal of Implied Consent Forms by Police Agency
(1) The Driver Suspension Unit of the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall allow the withdrawal of any form issued under ORS 813.100 when the unit receives written notice from the original reporting police agency or, if the police agency no longer exists, from the district attorney's office in the jurisdiction of the originating police agency. The notice of withdrawal shall:
(a) State which requirements under ORS 813.120 were not met;
(b) Be written on official police agency letterhead or on letterhead of the district attorney's office if the police agency no longer exists;
(c) Be signed by the head of the police agency that issued the form or another superior officer in the agency, or the district attorney or the district attorney's designee if the police agency no longer exists;
(d) State the name of the person to whom any form issued under ORS 813.100 was issued and the date of the arrest; and
(e) Be submitted to the Driver Suspensions Unit of DMV.
(2) DMV shall not allow the withdrawal of any form issued under ORS 813.100 if an Implied Consent hearing has been held and a final order has been issued.
Stat. Auth.: ORS 184.616
Stats. Implemented.: ORS 813.100, ORS 813.120, ORS 813.410 & OL 1995, Ch. 676
Hist.: MV 3-1990, f. & cert. ef. 2-1-90; MV 18-1990, f. 11-19-90, cert. ef. 12-1-90; MV 4-1993, f. & cert. ef. 7-16-93; DMV 12-1995, f. & cert. ef. 12-14-95
735-070-0060
Procedure for Rescinding Implied Consent Suspensions of Wrong Person Under ORS 813.460
(1) When the Department of Transportation, Driver and Motor Vehicle Services Division (DMV) must verify to its satisfaction that it has suspended the driving privilege of the wrong person under ORS 813.410, the Driver Suspensions Unit of DMV must receive written notice from the original reporting police agency or, if the police agency no longer exists, from the District Attorney's office in the jurisdiction of the originating police agency. The notice:
(a) Must be signed by the reporting officer or a superior officer, or the district attorney if the police agency no longer exists;
(b) Must state the name of the person whose name was falsely used;
(c) Should include the name, address and date of birth of the person actually arrested for driving under the influence of intoxicants, if known; and
(d) Should include the date of arrest.
(2) When the Driver Suspensions Unit receives this notice, it will rescind the suspension that was entered on the driving record of the person whose name was falsely used.
(3) If the notice includes the correct name of the person actually arrested for driving under the influence of intoxicants, the Driver Suspensions Unit will issue a notice of suspension to the person's address as shown by DMV records.A suspension order under this section is subject to the following:
(a) The suspension begins 35 days from the mailing date of the suspension notice unless a hearing is requested;
(b) The suspension is subject to an increase in the length of the suspension period under ORS 813.430;
(c) DMV must receive a hearing request within 15 days of the mailing date of the suspension notice or the hearing is waived; and
(d) The Office of Administrative Hearings will conduct the hearing pursuant to ORS 813.410 and issue a final order. The suspension will not go into effect pending the outcome of the hearing.
(e) Notwithstanding subsection (d), the time limitations in ORS 813.410(1), (2), (3) and (4) do not apply to a suspension order issued under this section.
Stat. Auth.: ORS 184.616, 184.619 & 802.010
Stats. Implemented: ORS 813.410 & 813.460
Hist.: MV 25-1987, f. & ef. 10-1-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0070; MV 4-1993, f. & cert. ef. 7-16-93; DMV 12-1995, f. & cert. ef. 12-14-95; DMV 23-2004, f. & cert. ef. 11-17-04
735-070-0076
DUII Diversion Agreements — Definitions "Commenced Participating In" and "Presently Participating In" and Removal from Driving Records
(1) When record of a driving while under the influence of intoxicants (DUII) diversion agreement is submitted to DMV under ORS 813.230 and is included on a person's driving record, for purposes of ORS 813.430, the following definitions apply:
(a) "Commenced participating in" means the date the order allowing diversion is signed by the judge, or the beginning date of any similar alcohol or drug rehabilitation program as evidenced by a state authorized agreement; and
(b) "Presently participating in" means the period of time between the date the order allowing diversion is signed by the judge, or the beginning date of any similar alcohol or drug rehabilitation program as evidenced by state authorized agreement and the ending date of the diversion agreement.
(2) DMV shall vacate a DUII diversion agreement from a driving record upon receipt of an order to vacate the diversion agreement from the court which allowed the diversion agreement.
Stat. Auth.: ORS 814.616 & ORS 184.619
Stats. Implemented: ORS 802.200, ORS 813.230, ORS 813.430 & ORS 813.520
Hist.: DMV 10-1997, f. & cert. ef. 10-16-97
735-070-0080
Ignition Interlock Device (IID) as Requirement Following DUII Suspension
(1) A person convicted
by an Oregon Court of Driving Under the Influence of Intoxicants (DUII) must install
and use an IID for the period of time specified in ORS 813.602 (1) or (2).
(2) DMV will
suspend driving privileges for failure to install an IID if proof that an approved
IID has been installed in the person's vehicle is not submitted to DMV by the ending
date of the DUII suspension. The proof must be an installation report form showing
an approved device, as described in OAR 735-118-0010, completed and signed by the
provider who installed the device.
(3) A person
may operate a vehicle(s) without an IID, if the person is medically unable to operate
a vehicle equipped with an IID, and DMV grants a medical exemption from the IID
requirement. To avoid suspension of driving privileges for failure to install an
IID, the person must apply before the last day of the DUII suspension and submit
to DMV:
(a) A written,
signed statement from an IID provider that the provider is unable to adapt an IID
to accommodate usage by the person because of the person's medical condition; and
(b) A written,
signed statement from the person's medical doctor, doctor of osteopathy, naturopathic
doctor, physician assistant or nurse practitioner containing the following information:
(A) The name
of the exempting condition;
(B) Whether
the condition is temporary or permanent and if temporary, when the condition will
no longer prevent usage of an IID; and
(C) Whether
the exemption is required because the condition results in the inability to sustain
an exhaled breath sampling of five pounds of pressure for five seconds required
to operate the device or results in a ketone level in the person's breath which
will not allow the driver to successfully complete the test.
(4) When
the application for a medical exemption is made under section (3) of this rule and
approved by DMV, DMV will issue a medical exemption letter. The person must carry
a copy of DMV's medical exemption letter while operating a vehicle that would otherwise
require installation and use of an IID.
(5) DMV will
reinstate driving privileges if during the suspension period for failure to install
an IID, the person installs an IID or DMV grants the person a medical exemption.
Stat. Auth.: ORS
184.616, 184.619, 802.010 & 813.602
Stats. Implemented:
ORS 813.602
Hist.: MV
39-1987, f. 12-11-87, cert. ef. 1-1-88; Administrative Renumbering 3-1988, Renumbered
from 735-031-0078; MV 20-1988, f. & cert. ef. 6-1-88; MV 14-1989, f. & cert.
ef. 5-17-89; MV 18-1989(Temp), f. 8-31-89, cert. ef. 9-5-89; MV 4-1990, f. &
cert. ef. 3-2-90; DMV 5-1994, f. & cert. ef. 7-21-94; DMV 15-2001, f. &
cert. ef. 9-21-01; DMV 12-2007, f. 11-30-07, cert. ef. 1-1-08; DMV 8-2013, f. &
cert. ef. 5-23-13
735-070-0082
Medical Exemption from IID Requirement
(1) A person may qualify for a medical
exemption from the ignition interlock device (IID) requirement under ORS 813.602(1)
and (2) if the person provides satisfactory evidence to DMV that due to a medical
condition or impairment the person is unable to operate an IID or unable to safely
operate a motor vehicle equipped with an IID. (2) The following definitions apply:
(a) A “health care
provider” is a person licensed, certified or otherwise authorized or permitted
by law to administer health care in the State of Oregon. For purposes of these rules,
the term health care provider is limited to: a chiropractic physician, nurse practitioner,
and physician assistant.
(b) A “primary care
provider” is a physician or health care provider who is responsible for supervising,
coordinating and providing a person's initial and ongoing health care.
(c) “Unable to safely
operate a motor vehicle equipped with an IID” means the person’s medical
condition or functional impairment prevents the person from safely operating a motor
vehicle when requested to perform an IID rolling retest while operating a motor
vehicle equipped with an IID.
(2) To apply for a medical
exemption a person must submit a completed IID Medical Exemption form (DMV form
735-6941). The form must be completed by both the person and the person’s
primary care provider or the physician or health care provider providing specialized
treatment to the person for the particular medical condition or functional impairment
that prevents the person from operating an IID or prevents the person from safely
operating a motor vehicle equipped with an IID.
(3) The person must fully
complete the information in Section 1 of the IID Medical Exemption form, including:
(a) The reason(s) the person
is required to install an IID; and
(b) An explanation of why
the person believes he or she has a medical condition or functional impairment that
prevents the operation of an IID or prevents safe operation of a vehicle equipped
with an IID.
(4) Section 2 of the IID
Medical Exemption form must be completed by the person’s primary care provider,
or a physician or health care provider providing specialized treatment to the person
for a medical condition or functional impairment that prevents the person from operating
an IID or prevents the person from safely operating a motor vehicle equipped with
an IID. The physician or health care provider must determine that in his or her
professional opinion the person is unable to operate an IID or is unable to safely
operate a vehicle equipped with an IID because of the person’s medical condition
or functional impairment, including but not limited to a determination that:
(a) The person has a medical
condition or functional impairment that does not allow the person to provide the
necessary alveolar air or deep lung air sample to properly operate the device; or
(b) The person consistently
has a ketone level in his or her breath which creates a false positive reading of
over .025 blood alcohol concentration even though the person has had no alcohol.
(5) If the determination
of the physician or health care provider described in section (4) of this rule is
not based on subsection (a) or (b), the physician or health care provider must provide
a detailed description of why the medical condition or functional impairment prevents
the person from operating an IID or prevents the person from safely operating a
motor vehicle equipped with an IID.
(6) In completing Section
2 of the IID Medical Exemption form, the physician or health care provider must:
(a) Specify the medical condition
or functional impairment that prevents the person from operating an IID or prevents
the person from safely operating a vehicle equipped with an IID;
(b) State whether the medical
condition or functional impairment is permanent or temporary, and if temporary,
the projected length of time; and
(c) Specify why the medical
condition or functional impairment prevents the person from operating an IID or
prevents the person from safely operating a motor vehicle equipped with an IID.
(7) From the information
provided on the IID Medical Exemption form, DMV will determine if the person qualifies
for a medical exemption. If DMV determines from the information on the form that
the person qualifies, DMV will issue a medical exemption. If DMV is unable to determine
from the information provided that the person qualifies, DMV will deny the medical
exemption.
(8) If the person’s
medical condition or functional impairment is temporary, DMV will issue a temporary
IID medical exemption that expires on the date specified in Section 2 of the IID
Medical Exemption form, or a date six months from the date of issuance if no date
is provided. If the temporary condition or functional impairment continues beyond
the expiration date of the temporary IID medical exemption, the person may submit
a signed statement from the physician or health care provider who completed the
Request for IID Medical Exemption form describing the person’s continuing
need for a medical exemption, or the person may submit a new application as set
forth in sections (2) through (4) of this rule. From the information submitted DMV
will determine if the person continues to qualify for a temporary IID medical exemption.
(9) Before granting or denying
an IID medical exemption, DMV may require the person to provide additional information
from a physician or health care provider or to obtain a statement from an IID provider
that the device cannot be adjusted to accommodate the person’s medical condition
or functional impairment.
(10) A person who is granted
an IID medical exemption by DMV will be issued a medical exemption letter. The person
must carry the IID medical exemption letter issued by DMV when driving.
(11) A person who must install
and use an IID as a condition of a DUII diversion agreement must obtain an IID medical
exemption from the court. The person must submit a completed IID Medical Exemption
form directly to the court that approved the DUII diversion agreement. The court
must approve or deny the IID medical exemption request. DMV will not forward an
IID Medical Exemption form to a court if it is submitted to DMV in error.
(12) A person may need both
an IID medical exemption letter issued by DMV and an IID medical exemption approval
issued by a court. An IID medical exemption letter issued by DMV is not valid if
the person is required to install an IID as a condition of a DUII diversion. A medical
exemption issued by a court is not valid if the requirement to install and use an
IID is required for any reason other than a DUII diversion agreement. Both an IID
medical exemption letter issued by DMV and IID medical exemption approval issued
by a court must be carried by the person when driving.
Stat. Auth.: ORS 184.616, 184.619, 802.010
& 813.602
Stats. Implemented: ORS 813.602
Hist.: DMV 21-2013, f. 12-20-13,
cert. ef. 1-1-14
735-070-0085
Proof of Treatment Completion Required
for Reinstatement of DUII Suspension
(1) Except as provided in section (3)
of this rule, a person whose driving privileges are suspended due to a conviction
in an Oregon court of driving under the influence of intoxicants (DUII) must provide
as proof that the person completed a treatment program to which the person was referred
under ORS 813.021, a DUII Treatment Completion Certificate (Certificate), DMV Form
735-6821. The Certificate must be completed by an authorized representative of an
Oregon DUII treatment program approved by the Director of the Oregon Health Authority
(OHA) or by an authorized representative of OHA on behalf of an Oregon DUII treatment
provider or an out-of-state DUII treatment provider.
(2) If the person has more
than one suspension of driving privileges resulting from DUII convictions, the Certificate
required under section (1) of this rule is sufficient for reinstatement of all DUII
suspensions with arrest dates that were before the date treatment was completed.
For purposes of this section, the Certificate must show the date treatment was completed.
(3) If the person does not
provide the proof described in section (1) of this rule, DMV will not reinstate
driving privileges following a suspension for DUII unless:
(a) The person submits an
order from the circuit court of the county in which the person was convicted showing
that the person has taken sufficient steps to satisfy the requirement under ORS
813.021 to complete a treatment program;
(b) It has been 15 years
or more since the person’s last DUII conviction in an Oregon court; or
(c) The suspension of driving
privileges resulted from a conviction in another jurisdiction for the statutory
counterpart to ORS 813.010 (DUII).
Stat. Auth.: ORS 184.616, 184.619, 802.010,
809.380, 2012 OL Ch. 9 & 2013 OL Ch. 233
Stats. Implemented: 2012
OL Ch. 9 & 2013 OL Ch. 233
Hist.: DMV 5-1994, f. &
cert. ef. 7-21-94; DMV 4-2012(Temp), f. & cert. ef. 3-26-12 thru 9-21-12; DMV
10-2012, f. & cert. ef. 7-19-12; DMV 10-2013(Temp), f. & cert. ef. 6-21-13
thru 12-17-13; DMV 16-2013, f. & cert. ef. 11-25-13
735-070-0090
Violation of License Restriction
(1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall send an advisory letter to a person upon receipt of a first conviction for violation of license restriction unless license suspension is required under section (2) of this rule:
(a) The letter shall advise the person that a second conviction for violation of license restriction within a five-year period will result in suspension of driving privileges;
(b) The letter shall advise the person of the procedure for removing the restriction from the license providing the restriction no longer applies to the person;
(c) The letter shall be sent to the person by first class mail to DMV's address of record; and
(d) Failure to receive the letter shall not prevent suspension when there is a second or subsequent conviction within a five-year period.
(2) DMV shall suspend the person's driving privilege:
(a) Upon receipt of a second or subsequent conviction for violation of license restriction within a five-year period; or
(b) Upon receipt of any conviction for violation of license restriction, when the restriction violated was a requirement of the driver improvement program or provisional license driver improvement program. Suspension action shall be taken even if the conviction is received by DMV after the end of the restriction period.
(3) All of the following apply to the suspension under section (2) of this rule:
(a)The suspension notice issued shall include information advising the person of the procedure for removing the restriction from the license providing the restriction no longer applies to the person; and
(b) The suspension shall be for 30 days.
(4) The following exceptions apply to this rule:
(a) An advisory letter under section (1) of this rule shall not be sent if the restriction no longer applies and has been removed from the person's driver license before the advisory letter can be produced and mailed;
(b) A suspension notice under subsection (2)(a) of this rule shall not be sent if the restriction no longer applies and the restriction has been removed from the person's driver license before the suspension notice can be produced and mailed; and
(c) This rule does not apply to violation of hardship permit or probationary permit restrictions.
Stat. Auth.: ORS 184.616, ORS 809.421 & ORS 809.480
Stats. Implemented: ORS 807.120, ORS 809.421 & ORS 809.480
Hist.: MV 6-1988, f. 2-16-88, cert. ef. 2-17-88; Administrative Renumbering 3-1988, Renumbered from 735-031-0051; DMV 7-1994, f. 8-19-94, cert. ef. 9-1-94
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.
(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).
Stat. Auth: ORS 183.415, 184.616, 184.619, 802.010 & 809.440
Stats. Implemented.: ORS 809.440
Hist.: MV 29-1988, f. & cert. ef. 12-16-88; MV 13-1990, 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
735-070-0130
Fatal Accident Suspension
(1) DMV will use the following definitions when determining whether to issue a suspension order under ORS 809.417(3):
(a) "Criminal negligence" is as defined in ORS 161.085(10) which states "that a person fails to be aware of a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation."
(b) "Incompetence" means driving in a manner that indicates lack of ability or fitness to safely operate a motor vehicle.
(c) "Recklessness" is as defined in ORS 161.085(9), which states "that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation."
(d) "Unlawful operation" means driving in a manner that would constitute commission of a traffic offense as defined by ORS 801.555 and includes any traffic offense under any federal law or any law of another state, including subdivisions thereof, that substantially conforms to a traffic offense as defined by Oregon statute.
(2) A suspension under ORS 809.417(3) will be for a period of one year.
Stat. Auth.: ORS 184.616 & ORS 184.619 & ORS 809.417
Stats. Implemented: ORS 809.417
Hist.: MV 13-1989, f. & cert. ef. 3-20-89; DMV 6-1997, f. & cert. ef. 7-15-97; Administrative Correction 8-12-97; DMV 22-2003, f. 12-15-03 cert. ef. 1-1-04
735-070-0160
Restoration of Driving Privileges for Habitual Offenders
(1) A person, revoked as a habitual offender, may apply for restoration of driving privileges five years after the revocation date. For purposes of the habitual offender statutes and administrative rules, compliance with reinstatement requirements will be considered as application for restoration of driving privileges.
(2) To comply with reinstatement requirements, the person must:
(a) Meet all requirements for full reinstatement on any other suspension, revocation, cancellation or non-issue action(s) also in effect;
(b) Successfully complete requirements established for an original driver license in ORS 807.040 or an instruction driver permit in ORS 807.280, including the payment of fees established in ORS 807.370; and
(c) Pay the reinstatement fee established in ORS 807.370.
(3) A person residing out-of-state must comply with subsections (2)(a) and (2)(c) of this rule and in lieu of subsection (2)(b) of this rule, a person residing out-of-state may:
(a) Take the tests for an original driver license or instruction driver permit at the motor vehicle agency in the state or province where the person resides and provide documentation showing the successful completion of those tests; or
(b) Surrender all driving privileges in Oregon as described in OAR 735-062-0135.
(4) The revocation will remain in effect until the person meets the reinstatement requirements in section (2) or (3) of this rule, even if five years have elapsed since the revocation took effect.
Stat. Auth.: ORS 184.616, 184.619 & 809.660
Stats. Implemented: ORS 809.390, 809.650 & 809.660
Hist.: MV 7-1993, f. & cert. ef. 10-21-93; DMV 11-1997, f. & cert. ef. 10-16-97; DMV 18-2010, f. & cert. ef. 9-27-10
735-070-0170
Hearing Regarding Civil Penalty for Violation of an Out-of-Service Order or Notification of Violation
When a civil penalty is imposed under Sec. 14, Ch. 395, Oregon Laws 2009, the person has a right to a contested case hearing in accordance with ORS 183.745. However, the amount of the civil penalty is not an issue at the hearing, and the administrative law judge presiding at the contested case hearing may not adjust the amount of the civil penalty.
Stat. Auth.: ORS 184.616, 184.619 & 802.010
Stats. Implemented: Sec. 14 Ch. 395 OL 2009
Hist.: MV 13-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 17-2008, f. & cert. ef. 7-23-08; DMV 24-2009, f. 12-22-09, cert. ef. 1-1-10
735-070-0185
Report of Positive Drug Test Result from Medical Review Officer
(1) The report submitted by a medical
review officer under ORS 825.410 or Chapter 163, Oregon Laws 2013 must include a
Report of Positive Drug Test Under ORS 825.410 or Chapter 163, Oregon Laws 2013
(DMV form 735-7200) and:
(a) A legible copy of a completed
Federal Custody and Control Form, Copy 2 — Medical Review Officer Copy; or
(b) Either an original or
legible copy of a document that contains, at a minimum, the following information:
(A) Full name of the person
tested;
(B) Specimen ID number;
(C) Place of Specimen Collection;
(D) Date of Specimen Collection;
(E) Collector’s name;
(F) Whether a split specimen
was collected;
(G) The person tested certified
by signature that: he or she provided an unadulterated specimen to the collector;
the specimen bottle was sealed with a tamper evident seal in the person’s
presence; and the information on the label affixed to the specimen bottle was correct;
(H) The date the Medical
Review Officer verified the test result; and
(I) Signature of the Medical
Review Officer.
(2) The Department of Transportation
will not send notice as required by ORS 825.412 or Chapter 163, Oregon Laws 2013
until a report as described in section (1) of this rule is received by the agency.
Stat. Auth.: ORS 184.616, 184.619 &
802.010
Stats. Implemented: ORS 825.410,
825.412, Ch. 163 OL 2013
Hist.: DMV 8-2001, f. &
cert. ef. 3-7-01; DMV 5-2002(Temp), f. & cert. ef. 3-14-02 thru 9-9-02; DMV
9-2002, f. & cert. ef. 5-16-02; DMV 4-2005(Temp), f. 2-16-05, cert. ef. 2-17-05
thru 8-15-05; DMV 17-2005, f. & cert. ef. 7-22-05; DMV 22-2013, f. 12-20-13,
cert. ef. 1-1-14
735-070-0190
Hearing Request for Entry of Positive Drug Test Result on Employment Driving Record
When the Department of Transportation
(ODOT) receives a report described in OAR 735-070-0185, ODOT will notify the person
who is the subject of the report that the person has a right to request a hearing
to determine whether a positive drug test result will be placed on the person’s
employment driving record.
(1) A hearing request must
be in writing and must:
(a) Include the person’s
full name;
(b) Include the person’s
complete mailing address;
(c) Include the person’s
Oregon driver license number;
(d) Include a brief statement
of the issues the person proposes to raise at the hearing. The issues are limited
to those set forth in ORS 825.412(3) or 825.418(3);
(e) Be postmarked within
30 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 30 days of the date of the notice;
and
(f) 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.
(2) A hearing request should
also include:
(a) The person’s date
of birth;
(b) The telephone number
where the person can be reached between 8 a.m. and 5 p.m.; and
(c) The dates and times the
person or the person’s attorney cannot appear at a hearing.
(3) Except for good cause
shown:
(a) Any factual or legal
defense not set forth in the hearing request is considered waived; and
(b) No evidence offered by
a person who requests a hearing will be admitted into the hearing record on any
factual or legal defense that is waived.
(4) If good cause is shown
under section (3) of this rule, the administrative law judge must give ODOT sufficient
opportunity to obtain and present in the contested case hearing any testimony or
documents deemed necessary by the agency to respond to evidence offered by the person
on any factual or legal defense.
(5) 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 (1) of this rule and the
notice becomes the final order by default. The test results will be posted to the
person’s employment driving record. The time period for requesting a hearing
will be computed as set forth in OAR 137-003-0520(11).
Stat. Auth.: ORS 184.616, 184.619 &
802.010
Stats. Implemented: ORS 825.410,
825.412, Ch. 163 OL 2013
Hist.: DMV 11-2000(Temp),
f. 9-21-00, cert. ef. 9-21-00 thru 3-19-01; DMV 8-2001, f. & cert. ef 3-7-01;
DMV 23-2004, f. & cert. ef. 11-17-04; DMV 14-2007, f. & cert. ef. 12-24-07;
DMV 22-2013, f. 12-20-13, cert. ef. 1-1-14
735-070-0200 [Renumbered to 735-063-0180]
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
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