OAR 734-020-0148
Disabled, Abandoned, and Otherwise Unattended Vehicle Tow Hearing Process

If a vehicle has been taken into custody by The Oregon Department of Transportation (department) in accordance with ORS 819.110 (Custody, towing and sale or disposal of abandoned vehicle) or 819.120 (Immediate custody and towing of vehicle constituting hazard or obstruction), the department shall provide written notice to the owner of the vehicle in accordance with ORS 819.170 (Notice prior to taking vehicle into custody and towing) or 819.180 (Notice after taking into custody and towing). The vehicle owner(s), person entitled to possession or any person with an interest recorded on the title of the vehicle, may request a hearing in writing, which must be received by the department at the address identified in the notice, within 5 days (Saturdays, Sundays, and holidays excluded) from the date of the posting or mailing of the notice, to contest the validity of the towing and custody of the vehicle, and subject to subsection 7 below, the reasonableness of the charges for towing and storage. The hearing shall comply with all of the following:

(1)

The department shall set a time for the hearing within 72 hours of the receipt of the request and shall provide notice of the hearing to the person requesting the hearing and to the owner(s) of the vehicle, and any lessors or security interest holders shown in the department records. The 72 hour period of time does not include Saturdays, Sundays, or Holidays.

(2)

Actions taken by department, including conducting the hearing, are not subject to ORS chapter 183; and are therefore, not subject to the Administrative Procedures Act and the hearings are not conducted by the Office of Administrative Hearings.

(3)

The department District Manager for the district within which the tow occurred is hereby designated to act as the department’s hearings officer. In the event the District Manager is unable or unavailable to conduct the hearing, a department employee shall be designated by the District Manager to act as hearings officer.

(4)

The hearing shall be conducted via telephone unless the person requesting the hearing requests other accommodations with justification for the request in which case the hearing shall be held at the District Manager’s or the designee’s office.

(5)

If the District Manager, or designee, determines the towing of the vehicle was invalid, the vehicle shall be immediately released upon payment by the department of the towing and storage fees, which shall occur as quickly as reasonably possible. The person to whom the vehicle is released is not liable for any towing or storage charges. If the towing and storage fee has already been paid, the department shall reimburse the person who paid the fee for the charges upon presentation of satisfactory proof of payment.

(6)

If the District Manager, or designee, determines the custody and towing of the vehicle was valid, the department shall order the vehicle to be held in custody until the costs of the hearing and all towing and storage costs are paid by the party claiming the vehicle.

(7)

If the person requesting the hearing contests the reasonableness of the charges for towing and storage, the District Manager, or designee, shall consider such request only when the department has used its own personnel, equipment and facilities for the towing and storage of vehicles and shall provide a determination concerning the reasonableness of the department’s charges in the written statement of the results of the hearing.

(8)

The department shall only conduct one hearing for each vehicle custody and tow even if the person requesting the hearing, or any other interested party or witness fails to appear at the scheduled hearing unless the person provides reasons satisfactory to the District Manager or designee for such failure to appear.

(9)

Hearings shall be informal in nature, and the presentation of evidence shall be consistent with the requirements of ORS 183.450 (Evidence in contested cases).

(10)

The District Manager, or designee, shall provide a written statement of the results of the hearing to the person requesting the hearing.

(11)

The determination of a hearing is final and is not subject to appeal.

Source: Rule 734-020-0148 — Disabled, Abandoned, and Otherwise Unattended Vehicle Tow Hearing Process, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=734-020-0148.

734‑020‑0005
Traffic Control Devices 734‑020‑0010
Establishment of Speed Limits on Interstate Highways (Except Variable Speed Zones, see OAR 734-020-0018) 734‑020‑0011
Locations of Interstate Speed Limits Other Than Set in Statute 734‑020‑0014
Speed Zone Definitions 734‑020‑0015
Establishment of Speed Zones on Public Roads Except Public Paved Low Volume or Public Unpaved Roads 734‑020‑0016
Establishment of Speed Zones on Public Paved Low Volume Roads 734‑020‑0017
Establishment of Speed Zones on Public Unpaved Roads 734‑020‑0018
Establishment of Variable Speed Zones 734‑020‑0019
Locations and Criteria of Variable Interstate Speed Limits 734‑020‑0020
Warrants for Parking and Turn Prohibitions 734‑020‑0043
High Occupancy Vehicle Lane on Interstate 5 734‑020‑0045
Prohibition of Bicycles and Pedestrians on Freeways 734‑020‑0060
Design and Construction of Bikeways 734‑020‑0070
Fee for Issuance of Winter Recreation Parking Sno-Park Permits 734‑020‑0080
State Highway Right of Way Parking 734‑020‑0085
Parking Regulations 734‑020‑0090
Criteria for Parking Regulation 734‑020‑0095
Prohibited Activities on State Highway Right of Way 734‑020‑0100
Definitions for Freeway Median Crossovers 734‑020‑0105
Criteria for Approval of Freeway Median Crossovers 734‑020‑0110
Conditions under which Crossovers May Be Utilized 734‑020‑0115
Persons Authorized to Use Crossovers 734‑020‑0120
General Policy for One-Way Operation for Trucks and Buses 734‑020‑0125
One-Way Traffic Regulations for Trucks and Buses 734‑020‑0130
Criteria for One-Way Operation for Trucks and Buses 734‑020‑0145
Removal of Cargo or Debris from State Highways 734‑020‑0147
Disabled, Abandoned, and Otherwise Unattended Vehicles on State Highways Constituting Hazards or Obstructions to Motor Vehicle Traffic 734‑020‑0148
Disabled, Abandoned, and Otherwise Unattended Vehicle Tow Hearing Process 734‑020‑0150
Temporary Closure or Conditional Closure of Highways 734‑020‑0200
Yield Signs Attached to Transit Buses 734‑020‑0210
Yield Sign Specifications for Transit Buses 734‑020‑0220
Yield Sign Placement for Transit Buses 734‑020‑0300
Standards for Installation, Operation and Use of Traffic Control Signal Operating Devices 734‑020‑0310
Definitions for Traffic Control Signal Operating Devices 734‑020‑0320
Standards for Installation and Operation of Emergency Preemption and Bus Priority Systems 734‑020‑0330
Standards for Use of Traffic Control Signal Operating Devices 734‑020‑0400
Traffic Signal Approval Process 734‑020‑0410
Authority to place Traffic Control Devices 734‑020‑0420
Definitions for Traffic Signal Approval Process 734‑020‑0430
Traffic Signal Approval 734‑020‑0470
Traffic Signal Spacing Requirement 734‑020‑0480
Traffic Signal Progression Analysis for Traffic Signal Approval 734‑020‑0485
Design Standards for Installation or Modification of a Traffic Signal 734‑020‑0490
Conditions of Approval 734‑020‑0500
Removal of Traffic Signals
Last Updated

Jun. 8, 2021

Rule 734-020-0148’s source at or​.us