Oregon Administrative Rules
Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION
Division 74 - AT-RISK DRIVER PROGRAM - MANDATORY REPORT FOR MEDICAL PROFESSIONALS
Section 735-074-0220 - Hearing Request for Suspension or Cancellation of Driving Privileges Under Division 74 and Division 76 Rules
Current through Register Vol. 63, No. 9, September 1, 2024
A person issued a notice of suspension or cancellation under these rules has the right to request a contested case hearing. The following apply to a hearing request:
(1) Except as provided in section (2) of this rule, a person issued a notice of suspension or cancellation under these rules must request a hearing within 20 days from the date on the notice. Except as provided in section (2) of this rule, the suspension or cancellation will not go into effect pending the outcome of the hearing.
(2) A person issued a notice of an immediate suspension or an immediate cancellation must request a hearing within 90 days from the date on the notice. The suspension or cancellation will remain in effect and will not be rescinded or stayed by DMV pending the outcome of the hearing.
(3) A hearing request must be in writing and must include:
(4) A hearing request should also include:
(5) The administrative law judge must give DMV 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.
(6) In order for a request for hearing to be timely, the request must be postmarked or received by DMV within the time periods established in sections (1) and (2) of this rule. If the request for hearing is not timely received, the person waives his or her right to a hearing, except as provided in OAR 137-003-0528. The time periods will be computed as set forth in 137-003-0520(11).
(7) To be received by DMV, the hearing request must be:
Statutory/Other Authority: ORS 184.619, 802.010 & 809.440
Statutes/Other Implemented: ORS 809.440