Current through Vol. 41, No. 13, March 15, 2024
(a) All hearings of the Department of Public
Safety shall be conducted according to the rules of this Chapter to the extent
not otherwise provided for by statute or other rule.
(b) A person has the right to request a
hearing before the Department of Public Safety whenever he or she has been
aggrieved or adversely affected by an act or refusal to act, or by the issuance
of an order or decision by the Department which is subject to review under any
applicable statute. Hearings before the Department fall into four categories:
(1)
Hearings under Title 47.
Hearings which are specifically provided for and follow those procedures set
forth under Title 47 of the Oklahoma Statutes:
(A)
Impounded vehicle hearings.
Impounded vehicle hearings follow the procedures specifically provided for
under 47 O.S. §
903A.
(B)
Parking violations on certain state
property. Hearings involving parking violations on certain state
property, as set forth under 47 O.S. § 11-1009, are conducted according to
state law.
(2)
Hearings under the Administrative Procedures Act - Wrecker or towing
service hearings. Wrecker or towing service hearings resulting in
wrecker license cancellation, revocation, or refusal to issue or renew the
license, follow the procedures set forth under the Administrative Procedures
Act, 74 O.S. § 250, et seq., except for those hearings
related to vehicles impounded by public agencies which are specifically
provided for and conducted according to 47 O.S. § 903A.
(3)
Hearings under the Oklahoma Motor
Carrier Safety and Hazardous Materials Act. Hearings provided for by the
Act involve penalties for violation of the Oklahoma Motor Carrier Safety and
Hazardous Materials Transportation Act, 47 O.S. § 230.1, et
seq., and are conducted pursuant to OAC
595:35-1-9.
(4)
Hearings set forth in this
Chapter. Hearings conducted according to the rules of this Chapter:
(A)
Financial responsibility
hearings. Financial responsibility hearings involving the suspension of
driving privileges for an owner or driver of a motor vehicle involved in a
collision resulting in personal injury, death, or property damage of over three
hundred dollars ($300.00) where there is no security (liability insurance) [47
O.S. § 7-101].
(B)
Other
hearings. Other hearings conducted within the discretion of the
Commissioner of Public Safety [47 O.S. §
2-115].
Amended at 16 Ok Reg
3140, eff 7-12-99; Amended at 17 Ok Reg 3011, eff 7-15-00; Amended at 19 Ok Reg
2683, eff 7-15-02; Amended at 21 Ok Reg 2994, eff
7-25-04
