OAR 735-070-0110
Hearing Requests Under the Administrative Procedures Act

(1) This rule establishes the hearing request requirements for DMV suspension, revocation and cancellation hearings conducted pursuant to the Administrative Procedures Act, ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.500 (Appeals). This rule does not apply to a hearing request for:
(a) An implied consent hearing under ORS 813.132 (Consequences of refusing to take urine test), 813.410 (Suspension upon receipt of police report on implied consent test) or 813.460 (Department procedures upon verification of suspension of driving privileges of wrong person);
(b) An administrative review under ORS 809.440 (Hearing and administrative review procedures)(2); and
(c) A post-imposition hearing under ORS 809.440 (Hearing and administrative review procedures)(4).
(2) A hearing request must be in writing and must:
(a) Include the person’s full name;
(b) Separately identify each action being contested if a hearing is being requested for more than one suspension, revocation or cancellation action;
(c) Be postmarked within 20 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 the Driver and Motor Vehicle Services Division of ODOT (DMV) within 20 days of the date of the notice; and
(d) Be mailed or personally delivered to DMV Headquarters, 1905 Lana Avenue NE, Salem, OR 97314 or if sent by facsimile machine (FAX), received by DMV at FAX number (503) 945-5521 or submitted online through DMV’s website
(3) A Hearing request should also include the person’s: address, driver license, permit, identification or customer number; date of birth; and telephone number with area code.
(4) 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 (2) of this rule and the notice becomes the final order by default. The time period for requesting a hearing will be computed as set forth is OAR 137-003-0520 (Filing and Providing Copies of Documents in Contested Case)(11).

Source: Rule 735-070-0110 — Hearing Requests Under the Administrative Procedures Act, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-070-0110.

735–070–0000
Driver License Cancellations — Not Entitled to Driving Privileges 735–070–0004
Cancellation and Suspension Actions Under ORS 809.310 735–070–0006
Reinstatement of Driving Privileges Suspended for Obtaining False ID 735–070–0010
Reinstatement Following Cancellation or Suspension Under ORS 807.220, 807.230, 807.350, 809.310 and 809.320 735–070–0015
NDR/PDPS and CDLIS Checks at Reinstatement 735–070–0020
Hearing Following a Cancellation 735–070–0030
Suspension/Revocation for Out-of-State Conviction, Suspension or Revocation 735–070–0035
Effect of Commercial Driving Privilege Withdrawal on Non-Commercial Driving Privileges 735–070–0050
Designated Agents for Vehicle Suspensions 735–070–0054
Police Reports for Implied Consent Suspension Under ORS 813.100, 813.120, 813.132 and 813.410 735–070–0055
Withdrawal of Implied Consent Forms by Police Agency 735–070–0060
Procedure for Rescinding Implied Consent Suspensions of Wrong Person Under ORS 813.460 735–070–0076
DUII Diversion Agreements — Definitions “Commenced Participating In” and “Presently Participating In” and Removal from Driving Records 735–070–0080
Ignition Interlock Device (IID) as Requirement Following DUII Suspension 735–070–0082
Medical Exemption from IID Requirement 735–070–0085
Proof of Treatment Completion Required for Reinstatement of DUII Suspension 735–070–0110
Hearing Requests Under the Administrative Procedures Act 735–070–0130
Fatal Accident Suspension 735–070–0145
Counting Convictions Toward Habitual Offender Revocation 735–070–0170
Hearing Regarding Civil Penalty for Violation of an Out-of-Service Order or Notification of Violation
Last Updated

Jun. 8, 2021

Rule 735-070-0110’s source at or​.us