Or. Admin. R. 735-070-0060

Current through Register Vol. 63, No. 6, June 1, 2024

Section 735-070-0060 - Procedure for Rescinding Implied Consent Suspensions of Wrong Person Under ORS 813.460

(1) When the Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV) must verify to its satisfaction that it has suspended the driving privilege of the wrong person under ORS 813.410, DMV must receive written notice from the original reporting police agency or, if the police agency no longer exists, from the District Attorney's office in the jurisdiction of the originating police agency. The notice:

(a) Must be signed by the reporting officer or a superior officer, or the district attorney if the police agency no longer exists;

(b) Must state the name of the person whose name was falsely used;

(c) Should include the name, address and date of birth of the person actually arrested for driving under the influence of intoxicants, if known; and

(d) Should include the date of arrest.

(2) When DMV receives this notice, it will rescind the suspension that was entered on the driving record of the person whose name was falsely used.

(3) If the notice includes the correct name of the person actually arrested for driving under the influence of intoxicants, DMV will issue a notice of suspension to the person's address as shown by DMV records. A suspension order under this section is subject to the following:

(a) The suspension begins 35 days from the mailing date of the suspension notice unless a hearing is requested;

(b) The suspension is subject to an increase in the length of the suspension period under ORS 813.430;

(c) DMV must receive a hearing request within 15 days of the mailing date of the suspension notice or the hearing is waived; and

(d) The Office of Administrative Hearings will conduct the hearing pursuant to ORS 813.410 and issue a final order. The suspension will not go into effect pending the outcome of the hearing.

(e) Notwithstanding subsection (d), the time limitations in ORS 813.410(1), (2), (3), (4) and (5) do not apply to a suspension order issued under this section.

Or. Admin. R. 735-070-0060

MV 25-1987, f. & ef. 10-1-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0070; MV 4-1993, f. & cert. ef. 7-16-93; DMV 12-1995, f. & cert. ef. 12-14-95; DMV 23-2004, f. & cert. ef. 11-17-04; DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021; DMV 36-2020, amend filed 12/11/2020, effective 1/1/2021; DMV 8-2023, minor correction filed 02/23/2023, effective 2/23/2023

Statutory/Other Authority: ORS 184.619 & 802.010

Statutes/Other Implemented: ORS 813.410 & 813.460