OAR 735-074-0220: Hearing Request for Suspension or Cancellation of Driving Privileges Under Division 74 and Division 76 Rules

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 The suspension or cancellation will remain in effect and will not be rescinded or stayed by DMV pending the outcome of the hearing.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: (a) The person's full name; (b) The person's complete mailing address; (c) The person's Oregon driver license number; and (d) A brief statement of the issues the person proposes to raise at the hearing. (4) A hearing request should also include: (a) The person's date of birth; (b) The telephone number where the person can be reached between 8 a.m. and 5 p.m.; and (c) The dates and times the person or the person's attorney cannot appear at a hearing. (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 and the notice becomes the final order by default. The time periods will be computed as set forth in 137-003-0520(11). (7) DMV will not accept a hearing request postmarked or received by DMV more than 60 calendar days after the notice becomes a final order by default. (8) To be received by DMV, the hearing request must be: (a) Personally delivered to DMV Headquarters, 1905 Lana Avenue NE, Salem, OR; (b) Delivered by mail to DMV Headquarters, 1905 Lana Avenue NE, Salem OR 97314; (c) Received by facsimile machine at FAX number (503) 945-5521; or (d) Requested on-line at dmv2u.oregon.gov.