Procedural Rules

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_700/oar_735/735_001.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF TRANSPORTATION,

DRIVER AND MOTOR VEHICLE SERVICES DIVISION





 

DIVISION 1
PROCEDURAL RULES

735-001-0020
Issuance of Final Orders in Contested Cases
(1) An administrative law judge (ALJ) is authorized to issue a final order without first issuing a proposed order in a contested case hearing conducted for the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) except under the following circumstances:
(a) DMV provides written notice to the Chief Administrative Law Judge of the Office of Administrative Hearings that the ALJs conducting hearings for DMV must issue proposed orders as set forth in OAR 137-003-0645 for the types of actions specified in the notice; or
(b) Prior to the commencement of a contested case hearing DMV provides written notice to the ALJ conducting the hearing and to the party(s) that the ALJ must issue a proposed order as set forth in OAR 137-003-0645.
(2) Exceptions to a proposed order issued under section (1) of this rule shall be filed with the ALJ within 20 days of the issuance and mailing date of the proposed order. The administrative law judge will review the exceptions and issue a written response or revised proposed order to the party and to DMV as set forth in OAR 137-003-0650, unless DMV requests the ALJ to conduct a further hearing under OAR 137-003-0655.
(3) If no exceptions are filed, a proposed order issued by an ALJ becomes the final order 30 days from the issuance and mailing date of the proposed order, unless DMV provides notice in writing to the party(s) and the ALJ that DMV will issue the final order. If exceptions to the proposed order are filed, the proposed order or revised order becomes the final order 30 days after the issuance and mailing date of the written response to exceptions or the issuance and mailing date of the revised proposed order, unless DMV gives notice to the party(s) and the ALJ that DMV will issue the final order. If DMV issues the final order, it will follow the procedures set forth in OAR 137-003-0655.
Stat. Auth.: ORS 802.010 & 813.410

Stats. Implemented ORS 183.470

Hist.: MV 11-1984, f. & ef. 8-31-84; March 1988, Renumbered from 735-001-0010; DMV 23-2004, f. & cert. ef. 11-17-04
735-001-0040
DMV Representation at Contested Case Hearings
(1) This rule authorizes an agency officer
or employee to represent DMV at a contested case hearing as described in this rule.
Except for a hearing described under ORS 183.430(2), the Attorney General has granted
authority to DMV to appoint officers or employees to represent DMV at contested
case hearings regarding:
(a) Suspension, revocation
and cancellation of driving privileges;
(b) Non-issuance of driver
licenses and identification cards;
(c) Suspension or cancellation
of identification cards;
(d) Suspension, revocation,
cancellation, probation and denial of vehicle dealer certificates;
(e) Suspension, revocation,
cancellation and denial of dismantler certificates;
(f) Suspension, revocation,
denial and refusal to issue or renew a towing company certificate;
(g) Revocation and denial
of a vehicle transporter certificate;
(h) Civil penalties assessed
on unlicensed dealers and on licensed dealers who violate the laws and rules relating
to the sale of vehicles under the authority of ORS 822.009 and OAR chapter 735,
division 150;
(i) Civil penalties for violations
related to dismantlers assessed under authority of ORS 822.137 and OAR chapter 735,
division 152;
(j) Cancellation of vehicle
title and registration under authority of ORS 809.090 and 809.095;
(k) Implied consent cases
under ORS 813.410 and OAR 735, division 90;
(l) Denial, suspension or
revocation of a commercial driving school certificate; and
(m) Denial, suspension or
revocation of a commercial driver training instructor certificate.
(2) The administrative law
judge shall not allow an agency representative appearing under section (1) of this
rule to present legal argument as defined in this rule.
(a) “Legal Argument”
includes arguments on:
(A) The jurisdiction of the
agency to hear the contested case;
(B) The constitutionality
of a statute or rule or the application of a constitutional requirement to an agency;
and
(C) The application of court
precedent to the facts of the particular contested case proceeding.
(b) “Legal Argument”
does not include presentation of motions, evidence, examination and cross-examination
of witnesses or presentation of factual arguments or arguments on:
(A) The application of the
statutes or rules to the facts in the contested case;
(B) Comparison of prior actions
of the agency in handling similar situations;
(C) The literal meaning of
the statutes or rules directly applicable to the issues in the contested case;
(D) The admissibility of
evidence; and
(E) The correctness of procedures
being followed in the contested case hearing.
(3) If the administrative
law judge determines that statements or objections made by an agency representative
appearing under section (1) involve legal argument as defined in this rule, the
administrative law judge shall provide reasonable opportunity for the agency representative
to consult the Attorney General and permit the Attorney General to present argument
at the hearing or to file written legal argument within a reasonable time after
conclusion of the hearing.
(4) An agency representative
appearing under section (1) must read and be familiar with the most recently published
Code of Conduct for Non-Attorney Representatives at Administrative Hearings, which
is maintained by the Oregon Department of Justice and available on its website at
http://www.doj.state.or.us.
Stat. Auth.: ORS 183.415, 183.450, 183.452,
184.616, 814.619 & 802.010
Stats. Implemented: ORS 183.450
Hist.: MV 16-1988, f. &
cert. ef. 5-18-88; MV 3-1991, f. & cert. ef. 5-16-91, Renumbered from 735-070-0100;
MV 9-1992, f. & cert. ef. 8-17-92; DMV 32-2005(Temp), f. 12-14-05, cert. ef.
1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 16-2014, f. &
cert. ef. 12-19-14
735-001-0050
Administrative Review
In addition to those
circumstances specified in ORS 809.140, Driver and Motor Vehicle Services Division
of the Department of Transportation (DMV) will provide an administrative review
of a suspension, revocation, or cancellation action for:
(1) Failure
to install or maintain installation of an ignition interlock device under ORS 813.602;
(2) Failure
to complete and pass a security threat assessment required for a hazardous materials
endorsement from the federal Transportation Security Administration (TSA) or being
assessed as a security threat by TSA under ORS 807.173;
(3) Notice
of violating of an out-of-service order ORS 809.413(7);
(4) Notification
from the Federal Motor Carrier Safety Administration that a person is disqualified
from operating a commercial motor vehicle as an imminent hazard under ORS 809.413(8);
(5) Failure
to submit proof of medical qualification to operate a commercial motor vehicle under
ORS 807.100(2);
(6) Failure
to pay a judgment under ORS 809.415(1);
(7) A lapse
in making future financial responsibility filings under ORS 809.415(3)(c) or 807.240(3)(e);
(8) Notification
from the superintendent of a hospital under ORS 807.700;
(9) A request
by a school superintendent or a school district board under ORS 339.254;
(10) Notice
that a person under 18 years of age has withdrawn from school under ORS 339.257;
(11) Notification
from a program approved by AMH that it has withdrawn its recommendation for a person
to be issued a hardship or probationary permit; and
(12) Notification
from a judge that he or she has withdrawn the recommendation for a person to be
issued a hardship or probationary permit.
Stat. Auth.: ORS
184.616, 184.619, 802.010 & 809.440

Stats. Implemented:
ORS 809.440

Hist.: MV
27-1991, f. & cert. ef. 12-16-91; DMV 23-2004, f. & cert. ef. 11-17-04;
DMV 10-2010, f. & cert. ef. 5-18-10; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12;
DMV 2-2013, f. & cert. ef. 3-22-13
735-001-0062
DMV/DOC Program
for an Inmate Obtaining a Driver License or Identification Card Prior to Release
(1) The Oregon Department of Transportation,
Driver and Motor Vehicle Services Division (DMV) and the Oregon Department of Corrections
(DOC) have established, through interagency agreement, the following program to
help an inmate obtain a driver license or identification card prior to his or her
release from custody.
(2) For purposes of this
rule, the term “inmate” means any person under the supervision of the
DOC and who is not on parole, probation or post-prison supervision status.
(3) Notwithstanding OAR 735-062-0016,
DMV may issue a renewal or replacement driver license or an identification card
containing the last photograph of the inmate on file with DMV. The photograph on
file must not be older than nine years and two months. DMV will issue as follows:
(a) A replacement driver
license to an inmate whose driving privileges are valid or are reinstated at the
time of issuance;
(b) A renewal driver license
to an inmate whose driving privileges are valid or are reinstated at the time of
issuance and whose driver license is within the allotted time for early renewal
as described in OAR 735-062-0090(4) or has been expired for less than one year;
or
(c) An original, renewal
or replacement identification card to an inmate:
(A) Who is not eligible for
driving privileges under sections (4), (7) or (8) of this rule;
(B) Whose previous driver
license has been expired for more than one year;
(C) Whose driving privileges
are suspended, revoked or cancelled; or
(D) Who has never been issued
or does not currently qualify for a driver license under ORS 807.040.
(4) 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 inmate’s
driving privileges are suspended, revoked, cancelled or otherwise not valid in any
other jurisdiction. An inmate whose driving privileges are not valid in any other
jurisdiction is not eligible to replace or renew driving privileges in Oregon.
(5) DOC may complete an application
packet for each eligible inmate within no more than 180 days prior to the inmate’s
date of release from DOC custody. The application packet must include:
(a) A completed Valid with
Previous Photo DL/ID Card (VWPP) Application, DMV Form 735-171C, signed by the inmate.
The application must include the inmate’s Social Security Number (SSN). DMV
must verify, or have previously verified, the SSN with the Social Security Administration,
as required by OAR 735-062-0005;
(b) Proof of legal name as
required by OAR 735-062-0014;
(c) Proof of legal presence
as required by OAR 735-062-0015 and the interagency agreement; and
(d) Proof of date of birth
and identity as required by OAR 735-062-0020.
(6) On the application DOC
must certify:
(a) That the copies of the
documents submitted to meet the requirements of section (5) of this rule are true
copies of the original documents and that the documents pertain to the inmate for
whom DOC is submitting the VWPP application; and
(b) That the inmate will
be living in Oregon when released and the address provided on the application meets
the requirements for residence or mailing address as outlined in the interagency
agreement.
(7) An inmate is not eligible
for driving privileges, under ORS 807.060(4) or (5), and DMV will not replace or
renew a driver license, if on the VWPP Application the inmate:
(a) Answers yes to the question
“Do you have a vision condition or impairment that has not been corrected
by glasses, contacts or surgery that affects your ability to drive safely?”;
(b) Answers yes to the question
“Do you have any physical or mental conditions or impairments that affect
your ability to drive safely?”; or
(c) Answers yes to the question
“Do you use alcohol, inhalants, or controlled substances to a degree that
affects your ability to drive safely?”
(8) An inmate who is eligible
to renew his or her driving privileges, and is or will be 50 years of age or older
at the time his or her driving privileges expire, must meet the requirements of
OAR 735-062-0060. As the inmate will not be at a DMV field office for the vision
screening, DOC must provide a vision examination form, Certificate of Vision, DMV
Form 735-24, completed by a licensed ophthalmologist or optometrist with the VWPP
application. If no Certificate of Vision form is included or the inmate does not
meet the vision standards set forth in 735-062-0050, the inmate is only eligible
for an identification card.
(9) When an inmate’s
driving privileges are valid (not suspended, revoked, cancelled or expired more
than one year) the inmate must surrender driving privileges in order to be eligible
for an identification card. A completed Surrender of Driving Privilege(s), DMV Form
735-7206, must be included with the VWPP application of any inmate who is surrendering
driving privileges. A person who surrenders driving privileges must pass all tests
and pay all fees associated with an original driver license to regain driving privileges
at a later date.
(10) DOC will pay the fee
listed in ORS 807.370 or 807.410, as appropriate, for each inmate issued a driver
license or identification card in a manner outlined in the interagency agreement.
(11) When an inmate’s
driver license or identification card issued pursuant to this rule is renewed or
replaced, he or she must provide proof of citizenship or permanent legal residency
as required by OAR 735-062-0015, unless DMV records show the person has previously
provided such proof.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
802.087 & 807.110
Stats. Implemented: ORS 802.087
Hist.: DMV 16-2012, f. 12-21-12,
cert. ef. 1-1-13; DMV 5-2013, f. & cert. ef. 5-3-13; DMV 3-2015, f. 6-19-15,
cert. ef. 7-1-15
735-001-0100
Refunds
DMV will issue a refund of moneys received in excess of the amount legally due:
(1) If DMV determines a person has made an overpayment of more than $5; or
(2) Upon written request from a person who made an overpayment, or the person's legal representative, if the request is submitted to DMV within three years of the date that DMV received the overpayment.
Stat. Auth.: ORS 184.616, 184.619, 293.445, 802.010, 802.110

Stats. Implemented: ORS 293.445, 802.110

Hist.: DMV 5-2006, f. & cert. ef. 5-25-06


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