OAR 735-090-0020
Hearings Requests

(1)

A hearing request must be in writing. The request should include:

(a)

Petitioner’s full name;

(b)

Petitioner’s complete mailing address;

(c)

Date of arrest;

(d)

Petitioner’s Oregon driver license number;

(e)

Petitioner’s date of birth;

(f)

Telephone number where petitioner can be called between 8 a.m. and 5 p.m.;

(g)

Brief statement of the issues the petitioner proposes to raise at the hearing; and

(h)

Dates and times the petitioner or attorney cannot participate in a hearing.

(2)

A petitioner may request an in-person hearing either as part of the hearing request or as an amendment to the hearing request. The request for in-person hearing or any amendment to the request for an in-person hearing must be made within the time requirements specified in section (4), (5) or (6) of this rule. A petitioner may request an in-person hearing when submitting a late hearing request but may not amend the request.

(3)

A request for an interpreter for a non-English speaking petitioner must be part of the hearing request.

(4)

To be considered timely, a hearing request submitted pursuant to ORS 813.132 (Consequences of refusing to take urine test) or 813.410 (Suspension upon receipt of police report on implied consent test)(3), for failure of a breath test or refusal of a breath, blood or urine test, must be received by DMV by the tenth day following the arrest of the petitioner. Oregon Rules of Civil Procedure 10A (ORCP 10A) will be used to determine the computation of time.

(5)

To be considered timely, a hearing request submitted pursuant to ORS 813.410 (Suspension upon receipt of police report on implied consent test)(3), for failure of a blood test, must be received by DMV by the tenth day from the date DMV sends notice of suspension. ORCP 10A will be used to determine the computation of time.

(6)

DMV will issue a final order denying an untimely hearing request unless the petitioning party demonstrates that the request should be granted under ORS 813.440 (Grounds for hearing on validity of suspension).
[Publications: Publications referenced are available from the agency.]

Source: Rule 735-090-0020 — Hearings Requests, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-090-0020.

Last Updated

Jun. 8, 2021

Rule 735-090-0020’s source at or​.us