OAR 735-063-0330
Hearing Request for Entry of Positive Drug Test Result on Employment Driving Record


(1)

When DMV receives a report described in OAR 735-063-0320 (Report of Positive Drug Test Result from Medical Review Officer), DMV will notify the person who is the subject of the report that the person has a right to request a hearing to determine whether a positive drug test result will be placed on the person’s employment driving record.

(2)

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. The issues are limited to those set forth in ORS 825.412 (Hearing regarding test results)(3) or 825.418 (Hearing regarding test results under ORS 825.415)(3).

(3)

The hearing request must be postmarked within 30 days of the date of the notice. If the hearing request is not postmarked or a postmark date cannot be determined, it must be received by DMV within 30 days of the date of the notice. The time period for requesting a hearing is computed as set forth in OAR 137-003-0520 (Filing and Providing Copies of Documents in Contested Case)(11).

(4)

A person may submit a hearing request by mail or personal delivery to DMV Headquarters, 1905 Lana Avenue NE, Salem, OR 97314. If the person submits a hearing request by facsimile machine (FAX), it must be received by DMV at FAX number (503) 945-5521. A person may submit a hearing request through the form available on www.OregonDMV.com.

(5)

A hearing request may 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.

(6)

Except for good cause shown any factual or legal defense not set forth in the hearing request is considered waived. No evidence offered by a person who requests a hearing will be admitted into the hearing record on any factual or legal defense that is waived.

(7)

If good cause is shown under section (6) of this rule, the administrative law judge must provide DMV sufficient opportunity to obtain and present any evidence in the contested case hearing deemed necessary by DMV to respond to evidence offered by the person on any factual or legal defense.

(8)

Except as provided in OAR 137-003-0528 (Late Hearing Requests), the person’s right to a hearing is waived if a hearing is not requested within the time period specified in section (3) of this rule and the notice becomes the final order by default. The test results will be posted to the person’s employment driving record.

Source: Rule 735-063-0330 — Hearing Request for Entry of Positive Drug Test Result on Employment Driving Record, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-063-0330.

735‑063‑0200
Purpose
735‑063‑0205
Definitions
735‑063‑0210
CDL or CLP Medical Standards
735‑063‑0220
Proof of Medical Qualification for a CDL or CLP
735‑063‑0230
Medical Qualification Procedures for CDL or CLP
735‑063‑0240
Waiver of Physical Disqualification
735‑063‑0250
Knowledge Testing and Requirements for Issuance of CLP
735‑063‑0260
CDL Testing and Requirements for Issuance of CDL
735‑063‑0263
CDL Transfer from Canada or Mexico
735‑063‑0265
Issuance of Limited Term Non-Real ID CLP or CDL
735‑063‑0268
Issuance of Limited Term Real ID CDL
735‑063‑0270
Acceptance of Tests Conducted Out-of-State
735‑063‑0280
Military Skills Waiver
735‑063‑0290
Requirements for Issuance and Retention of a Hazardous Materials Endorsement
735‑063‑0300
Restrictions on CDL or CLP
735‑063‑0311
Driver Records for CDL-Holders and CMV Operators
735‑063‑0320
Report of Positive Drug Test Result from Medical Review Officer
735‑063‑0330
Hearing Request for Entry of Positive Drug Test Result on Employment Driving Record
735‑063‑0340
Cancellation or Suspension of Commercial Driving Privileges Due to No Valid Proof of Medical Qualification or Failure to Have Restriction on the CDL or CLP when Required
735‑063‑0350
Denial or Revocation of an Oregon Waiver of Physical Disqualification
735‑063‑0360
Serious Traffic Offenses
735‑063‑0370
Effect of Suspension, Cancellation or Revocation on Commercial Driving Privileges
735‑063‑0380
Reinstatement of CDL Disqualification
Last Updated

Jun. 8, 2021

Rule 735-063-0330’s source at or​.us