OAR 735-090-0120: Police Officer Unable to Appear at Hearing

(1) If a subpoenaed police officer is unable to appear at a hearing under ORS 813.410 due to an officer’s illness, vacation or official duty conflicts, a hearing will be re-scheduled as soon as practicable. (2) DMV will rescind the suspension of the petitioner's driving privileges pending the outcome of the hearing conducted pursuant to ORS 813.440(1)(d). (3) The DMV or OAH may receive notification of an officer’s illness, vacation or official duty conflict before or after a scheduled hearing. Post hearing notification must be received by the DMV or OAH no later than 10 days after the hearing. Verification must be to the satisfaction of the DMV. (4) An official duty conflict exists if the subpoenaed police officer is unable to attend the hearing due to any of the following conditions: (a) Community caretaking pursuant to ORS 133.033; (b) Court appearance on behalf of the police officer’s agency; (c) Participating in employer approved training; or (d) Duty-related physical incapacity. (5) Nothing in this rule prevents the taking of evidence at the time of the originally scheduled hearing and continuing the hearing for the testimony of the unavailable police witness(es).