ORS 809.312
Reissuance of privileges after suspension for submitting false information


(1)

A person whose driving privileges or right to apply for driving privileges or whose identification card or right to apply for an identification card has been suspended for one of the reasons specified in subsection (2) of this section may request that the person’s driving privileges or right to apply for driving privileges or identification card or right to apply for an identification card be reinstated after the Department of Transportation determines the criteria are met under subsection (4) of this section.

(2)

This section applies to suspensions imposed under:

(a)

ORS 809.310 (Cancellation or suspension of driving privileges) (3)(a);

(b)

ORS 809.310 (Cancellation or suspension of driving privileges) (3)(b); and

(c)

ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) (5) for committing an act that constitutes an offense described in ORS 809.310 (Cancellation or suspension of driving privileges) (3)(a) or (b).

(3)

To make a request under subsection (1) of this section, the person must provide sufficient proof for the department to make the determinations required in subsection (4) of this section. The department shall provide an administrative review to determine if the person’s driving privileges or right to apply for driving privileges or identification card or right to apply for an identification card should be reinstated and may reinstate the person’s suspended driving privileges or right to apply for driving privileges or identification card or right to apply for an identification card only as provided in subsection (4) of this section.

(4)

The granting of an administrative review under this section does not stay the suspension. However, the department shall reinstate the person’s driving privileges or right to apply for driving privileges or identification card or right to apply for an identification card if under objective criteria adopted by the department by rule, the department determines the suspension resulted from:

(a)

An act described in ORS 809.310 (Cancellation or suspension of driving privileges) (3)(a) or (b) committed by the person when the person was under 21 years of age; and

(b)

The person committed the act solely for the purpose of:

(A)

Attempting to purchase, purchasing, consuming or acquiring alcoholic beverages as described in ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21); or

(B)

Unlawfully entering or attempting to enter any portion of a licensed premises that is posted or otherwise identified as being prohibited to the use of minors, as described in ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21).

(5)

The administrative review required under this section shall be conducted in the manner provided in ORS 809.440 (Hearing and administrative review procedures) (2).

(6)

To reinstate driving privileges or the right to apply for driving privileges after the department determines that the person meets the objective criteria under subsection (4) of this section, the person shall pay the fee for reinstatement of driving privileges as described in ORS 807.370 (License, endorsement and permit fees) (10).

(7)

To reinstate an identification card or the right to apply for an identification card after the department determines that the person meets the objective criteria under subsection (4) of this section, the person shall pay the fee for reinstatement of an identification card as described in ORS 807.410 (Fees).

(8)

The department’s authority to reinstate a suspension of a person’s driving privileges or right to apply for driving privileges under this section does not impinge on a court’s authority to impose a suspension under ORS 165.805 (Misrepresentation of age by a minor) or 471.430 (Purchase or possession of alcoholic beverages by person under 21). [2012 c.14 §2; 2013 c.237 §46; 2018 c.114 §6; 2019 c.15 §2]

Source: Section 809.312 — Reissuance of privileges after suspension for submitting false information, https://www.­oregonlegislature.­gov/bills_laws/ors/ors809.­html.

809.090
Cancellation of registration or title for failure to qualify
809.095
Cancellation of registration for false certification of compliance with financial responsibility requirements
809.100
Hearing on proposed cancellation or refusal
809.110
Failure to surrender canceled registration or title
809.120
Court-ordered suspension of registration or driving privileges for weight violation
809.130
Suspension or revocation of driving privileges for unsettled judgment
809.135
Refusal to issue, revocation or suspension of identification card, registration or title for failure to use same name
809.140
Administrative review of suspension, revocation or cancellation of identification card, registration or driving privileges
809.220
Failure to appear
809.230
Court suspension or revocation of nonresident driving privileges
809.235
Permanent revocation of driving privileges upon conviction of certain crimes
809.240
Court-ordered suspension or revocation
809.260
Court-ordered suspension of driving privileges of juvenile
809.267
Additional fee upon notice of suspension or restriction
809.270
Driver improvement course
809.275
Court to take possession of license or permit
809.280
Department procedures following court order of suspension or revocation
809.310
Cancellation or suspension of driving privileges
809.312
Reissuance of privileges after suspension for submitting false information
809.320
Cancellation on written request of parent or legal guardian
809.360
General provisions relating to suspension or revocation of driving privileges
809.380
Period of suspension
809.390
Period of revocation
809.400
Suspension or revocation for out-of-state conviction
809.406
Cancellation and disqualification from holding driver license with Class A or Class B farm endorsement
809.409
Revocation for conviction of crime
809.411
Suspension for conviction of crime
809.412
Authority of juvenile court for suspension or revocation
809.415
Suspensions for conduct involving judgments, financial responsibility, dishonesty
809.416
When person subject to suspension under ORS 809.415
809.417
Suspension for conduct regarding accidents
809.419
Suspensions for physical or mental condition or impairment
809.421
Suspensions for miscellaneous driving-related actions
809.428
Schedule of suspension or revocation periods for certain offenses
809.430
Notice of suspension, cancellation or revocation
809.440
Hearing and administrative review procedures
809.450
Hearing for rescission of suspension for financial and future responsibility violations
809.460
Rescission of suspension or revocation upon appeal of underlying conviction
809.470
When judgment considered settled for purposes of suspension requirements
809.480
Driver improvement programs
809.490
Suspension or revocation of driving privileges of nonresident driver
809.500
Failure to return suspended, revoked or canceled license
809.510
Conviction of crime
809.515
Failure to appear, pay fine or obey court order in another jurisdiction
809.520
Lifetime suspension of commercial driving privileges
809.525
Serious traffic offenses
809.530
Violation of out-of-service order
809.535
Suspension of commercial driver license for specified rail crossing violations
809.540
Right to apply
809.545
Administrative review
809.550
Application of ORS 809.510 to 809.545
809.600
Kinds of offenses and number of convictions
809.605
Determination of which offenses count
809.610
Restriction of driving privileges
809.640
Procedures on habitual offender determination
809.698
Definition of “vehicle immobilization device.”
809.700
Court-ordered impoundment or immobilization upon conviction
809.702
Tampering with vehicle immobilization device
809.710
Authority to refuse to release vehicle to intoxicated person
809.716
Hearing on impoundment
809.720
Impoundment for specified offenses
809.725
Notice following impoundment under city or county ordinance
809.730
Seizure of motor vehicle for civil forfeiture
809.735
Preemption of local forfeiture ordinances
809.740
Seizure of motor vehicle for forfeiture
809.745
Adoption of policies and procedures prior to forfeiture
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