OAR 735-090-0130
Error of the Department


In accordance with the definition of “Error of the Department” specified in OAR 735-090-0000 (Definitions)(2), in a hearing that determines the validity of a suspension of driving privileges under ORS 813.410 (Suspension upon receipt of police report on implied consent test), if hearsay evidence is used to establish the required elements under 813.410 (Suspension upon receipt of police report on implied consent test)(6) and a petitioning party presents substantial evidence that contradicts the hearsay evidence, DMV will rescind the suspension and OAH will continue the hearing pursuant to 813.440 (Grounds for hearing on validity of suspension)(1)(c) and subpoena the hearsay witness to the continued hearing.

Source: Rule 735-090-0130 — Error of the Department, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-090-0130.

Last Updated

Jun. 8, 2021

Rule 735-090-0130’s source at or​.us