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 (Model Rules of Practice and Procedures), and no other, shall apply:

(a)

OAR 137-003-0001 (Contested Case Notice) Contested Case Notice;

(b)

OAR 137-003-0002 (Rights of Parties in Contested Cases) Rights of Parties in Contested Cases;

(c)

OAR 137-003-0003 (Late Filing) Late Filing;

(d)

OAR 137-003-0040 (Conducting Contested Case Hearing) Conducting Contested Case Hearing;

(e)

OAR 137-003-0045 (Telephone Hearings) Telephone Hearings

(f)

OAR 137-003-0050 (Evidentiary Rules) Evidentiary Rules;

(g)

OAR 137-003-0055 (Ex Parte Communications) Ex Parte Communications;

(h)

OAR 137-003-0075 (Final Orders by Default) Final Orders by Default;

(i)

OAR 137-003-0080 (Reconsideration and Rehearing — Contested Cases) Reconsideration and Rehearing-Contested Cases;

(j)

OAR 137-003-0090 (Stay Request) Stay Request;

(k)

OAR 137-003-0091 (Intervention in Stay Proceeding) Intervention in Stay Proceeding;

(l)

OAR 137-003-0092 (Stay Proceeding and Order) Stay Proceeding and Order.

(2)

With reference to model OAR 137-003-0045 (Telephone Hearings), 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.

Source: Rule 257-001-0025 — Rules for Impoundment Hearings Under ORS 809.716, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=257-001-0025.

Last Updated

Jun. 8, 2021

Rule 257-001-0025’s source at or​.us