(1) DMV will suspend a person’s hardship permit when a person fails to maintain any of the requirements listed in this section. The suspension will remain in effect until the person complies with the requirement or until the requirement is no longer a condition of the hardship permit, as follows:
- (a) Failure to maintain a future responsibility filing required by ORS 807.240(3)(e);
- (b) Failure to maintain installation of an ignition interlock device as required by ORS 813.602(1)(a);
- (2) DMV will revoke a person’s hardship permit when a person commits a violation of any of the restrictions or conditions of a hardship permit as listed in OAR 735-064-0100.
- (3) DMV will revoke the hardship permit for 30 days, during which period the person is not eligible for another hardship permit.
- (4) At the end of a permit revocation period, the person may apply for another hardship permit, if otherwise eligible. The person must submit a new application, pay all required fees and meet all other permit requirements.
- (5) A person whose hardship permit is revoked based on a notice from a court as specified in ORS 809.140, is entitled to an administrative review under 809.440(2). The revocation will remain in effect pending the outcome of the administrative review.
- (6) A person whose hardship permit is revoked based on information other than that described in ORS 809.140, is entitled to a contested case hearing under 183.310 to 183.550. The revocation will not go into effect pending the outcome of the hearing.
- (7) A person whose hardship permit is suspended due to failure to maintain a requirement of the permit is entitled to an administrative review under OAR 735-001-0050. The suspension will remain in effect pending the outcome of the administrative review.
Statutory/Other Authority
ORS 184.619, 802.010 & 807.240
Statutes/Other Implemented
ORS 807.240
History
DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 29-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 2-2013, f. & cert. ef. 3-22-13
DMV 28-2008, f. & cert. ef. 12-15-08
DMV 2-2006, f. & cert. ef. 2-15-06
DMV 4-2002, f. & cert. ef. 3-14-02
DMV 12-1996, f. & cert. ef. 12-20-96
DMV 5-1995, f. & cert. ef. 3-9-95
MV 17-1991, f. 9-18-91, cert. ef. 9-29-91
MV 4-1991, f. 6-18-91, cert. ef. 7-1-91
MV 31-1987, f. & ef. 10-5-87, Renumbered from 735-031-0125
MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87
MV 17-1986, f. & ef. 10-1-86
MV 7-1984, f. 6-29-84, ef. 7-1-84