Hearing and administrative review procedures for suspensions under OAR 735-072-0023 and 735-072-0027 are as established by ORS 809.440(1), (2) and (5).
- (1) A person whose suspension is based solely on conviction records received from a court is entitled to an administrative review.
- (2) A person whose suspension is based, in any part, on a report of a preventable accident is entitled to a contested case hearing.
- (3) It shall be a defense to a suspension under OAR 735-072-0023 and 735-072-0027 if the person can establish that all of the convictions on which the department’s suspension action is based occurred when the person had valid driving privileges issued by another jurisdiction.
Statutory/Other Authority
ORS 184.616, 184.619 & 809.480
Statutes/Other Implemented
ORS 809.480
History
DMV 2-2011, f. & cert. ef. 3-2-11
DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02
DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02
MV 19-1991, f. & cert. ef. 9-18-91
MV 24-1985, f. 12-31-85, ef. 1-1-86, Renumbered from 735-031-0325