OAR 735-090-0042: Police Officer Request for an In-Person Hearing

A police officer may request that any hearing required under ORS 813.410 be an in-person hearing. The request may be made by: (1) Marking the box provided on the Implied Consent Combined Report, Form 735-0075, or Implied Consent Blood Test Failure Report, Form 735-0055; or (2) Submitting a separate written request to DMV Hearings Case Management Unit. The request may be: (a) Personally delivered to DMV Headquarters. 1905 Lana Ave. NE, Salem, OR; (b) Delivered by mail to DMV Headquarters, 1905 Lana Ave. NE, Salem, OR 97314; or (c) Received by facsimile machine at telephone number (503) 945-5521. (3) To be considered timely, an officer’s in-person hearing request submitted pursuant to ORS 813.132 or 813.410(3), for failure of a breath test or refusal of a breath, blood or urine test, must be received by DMV by the tenth day following the arrest of the petitioner. Oregon Rules of Civil Procedure 10A (ORCP 10A) will be used to determine the computation of time. (4) To be considered timely, a hearing request submitted pursuant to ORS 813.410(3), for failure of a blood test, must be received by DMV by the 45th day following the arrest of the petitioner. ORCP 10A will be used to determine the computation of time. (5) A police officer may amend the request for an in-person hearing within the time requirement specified in section (3) or (4) of this rule.