OAR 257-001-0025: Rules for Impoundment Hearings Under ORS 809.716

Hearings to determine the validity of the impoundment of vehicles under ORS 806.014 shall be subject to the following procedural rules. (1) The following of the Attorney General’s Model Rules of Procedure adopted under OAR 257-001-0005, and no other, shall apply: (a) OAR 137-003-0001 Contested Case Notice; (b) OAR 137-003-0002 Rights of Parties in Contested Cases; (c) OAR 137-003-0003 Late Filing; (d) OAR 137-003-0040 Conducting Contested Case Hearing; (e) OAR 137-003-0045 Telephone Hearings (f) OAR 137-003-0050 Evidentiary Rules; (g) OAR 137-003-0055 Ex Parte Communications; (h) OAR 137-003-0075 Final Orders by Default; (i) OAR 137-003-0080 Reconsideration and Rehearing-Contested Cases; (j) OAR 137-003-0090 Stay Request; (k) OAR 137-003-0091 Intervention in Stay Proceeding; (l) OAR 137-003-0092 Stay Proceeding and Order. (2) With reference to model OAR 137-003-0045, all hearings will be conducted by telephone unless the person requesting the hearing: (a) Includes in the hearing request a request for an in-person hearing; (b) Provides adequate justification for holding the hearing in-person (EXAMPLE: hearing impairment or other physical disability making telephone hearings impractical); and (c) Agrees to waive the statutory time limit for the hearing. (3) Discovery shall be limited to the documents contained in the hearings officer’s file. Such documents shall be sent to the person requesting the hearing at the time the notice of the scheduled hearing is sent, or as soon thereafter as possible. (4) The Department shall enter into an interagency agreement with another state agency which has an established hearings unit, to ensure that hearings under ORS 806.016 are conducted as fairly and efficiently as practicable. Exceptions to hearings’ officers proposed orders under ORS 806.016 may be submitted to the Director of the Patrol Division of the Oregon State Police who shall have all authority to issue a final order. Written argument submitted with the exceptions will be considered; no opportunity for oral argument will be allowed.