Or. Admin. Code § 257-045-0030

Current through Register Vol. 63, No. 11, November 1, 2024

Section 257-045-0030 - Notice and Request for Hearing

(1) If the department proposes to take or has taken custody of a vehicle in accordance with ORS 819.110 or 819.120, the department shall provide notice as described in ORS 819.170 or 819.180.

(2) A request for hearing shall be made in writing to the department at the address contained in the notice.

(3) Requests for hearing must be received by the department by 5:00 p.m. of the fifth business day (Saturdays, Sundays, and Holidays excluded) following the date of the posting or mailing of the notice. For purposes of this rule, "received by the department" means:

(a) Personally delivered to the Station Commander of the local patrol office in the area in which the vehicle will be, or has been, taken into custody and towed;

(b) Delivered by mail to OSP Headquarters, Patrol Services Division, 255 Capitol Street NE, 4th Floor, Salem, Oregon 97310; or

(c) Received by facsimile machine at telephone number (503) 391-5910.

(4) Requests for hearing shall contain at least the following information:

(a) Petitioner's full name;

(b) Petitioner's complete mailing address;

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

(d) A statement of the grounds upon which the person believes the custody and towing of the vehicle is not justified; and

(e) Dates and times within the immediate future that the petitioner cannot appear at a hearing.

(5) Untimely requests for hearing shall not be granted by the department.

(6) A person who requests a hearing but who fails to appear for a scheduled hearing shall not be entitled to another hearing unless the person provides written good cause to the department for the person's failure to appear. For purposes of these administrative rules, "good cause" shall be limited to serious impediments that affect a person's ability to attend a scheduled hearing, such as court conflicts, the death of an immediate family member of the person (verified to the satisfaction of the department), the person's physical incapacity (verified by a physician to the satisfaction of the department), or the person's service in the US Armed Forces, military reserves, National Guard or the organized militia.

Or. Admin. Code § 257-045-0030

OSP 4-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-29-10; OSP 2-2010, f. 6-1-10, cert. ef. 6-30-10

Stat. Auth.: OL 2009, ch. 371 (HB 2738)

Stats. Implemented: OL 2009, ch. 371 (HB 2738)