justicedao/ipfs_state_laws huggingface dataset:
735-080-0040 Replacement of Disabled Person Parking Permits (1) DMV may replace a Disabled Person Parking Permit placards and decals. (2) When the required certificate, as described in OAR 735-080-0020, is not on file with DMV, DMV will not replace a lost, mutilated, or stolen Disabled Person Parking Permit placard or a mutilated or stolen Disabled Person Parking Permit decal for any permit type. (3) An application for a replacement Disabled Person Parking Permit placard or decal must be made using the application form and submitted as described in OAR 735-080-0020 or 735-080-0060 for the specific permit type. The application must include a certification that: (a) The original Disabled Person Parking Permit placard is lost, mutilated or destroyed, if applicable; (b) The original Disabled Person Parking Permit decal is mutilated or destroyed, if applicable; and (c) The applicant continues to qualify for the permit. (4) Issuance of a replacement Disabled Person Parking Permit placard or decal automatically invalidates the previously issued permit placard or decal. (5) An application for replacement of Program and Family Permits must be submitted to the DMV Driver Transaction Unit by mail to: Parking Permits Clerk, 1905 Lana Ave NE, Salem, OR 97314. Statutory/Other Authority: ORS 184.619, 802.010, 811.602, 811.607, 811.609 & 811.616 Statutes/Other Implemented: ORS 811.602, 811.604, 811.605, 811.606, 811.607, 811.609 & 811.616 History: DMV 1-2024, amend filed 01/26/2024, effective 01/26/2024 DMV 47-2018, amend filed 11/20/2018, effective 01/01/2019 DMV 4-2011, f. & cert. ef. 3-16-11 DMV 29-2009, f. 12-22-09, cert. ef. 1-1-10 DMV 20-2007, f. 12-24-07, cert. ef. 1-1-08 DMV 6-2002, f. & cert. ef. 3-14-02 DMV 18-2001(Temp), f. & cert. ef. 9-21-01 thru 3-19-01 DMV 12-2000, f. & cert. ef. 9-21-00 DMV 6-1996, f. & cert. ef. 8-15-96 MV 20-1991, f. 9-18-91, cert. ef. 9-29-91 MV 38-1989, f. & cert. ef. 10-3-89 MV 30-1986, f. 12-31-86, cert. ef. 1-1-87, Renumbered from 735-110-0830 MV 11-1985, f. 9-19-85, cert. ef. 9-20-85
735-080-0046 Expiration and Renewal of Disabled Person Parking Permits (1) Permits and their placards or decals expire as follows: (a) Temporary Disability Permit - at 11:59 pm on the date not later than six months from the date of issuance. When a certificate specifies an ending date of the disability that is less than six months, the ending date of the disability is used as the expiration date. (b) Foreign Visitor Permit - at 11:59 pm on the 30th day from the date of issuance. (c) Individual , Oregon Wounded Warrior , Wheelchair User , Family , and Program Disabled Person Parking - at 11:59 pm on the last day of the eighth year from the date of issuance, unless DMV invalidates the permit in accordance with ORS 811.628. (2) To renew any permit placard or decal described in section (1) of this rule, the holder must submit the appropriate completed renewal reminder or application as follows: (a) Parking Placard and Driver license or ID card Renewal Reminder (DMV form 735-7353) that includes the Certificate of Disability completed by the holder’s licensed physician, licensed nurse practitioner or licensed physician assistant and signed and dated no more than six months prior to the receipt of the application by DMV. (b) Disabled Person Parking Permit Application/Renewal: Individuals (DMV form 735-265) as described in OAR 735-080-0020, that includes the Certificate of Disability included on the application completed by the holder’s licensed physician, licensed nurse practitioner or licensed physician assistant and dated no more than six months prior to the receipt of the application by DMV. (c) Disabled Person Parking Family Placard Application (DMV form 735-265 FPP) that includes the Certificate of Disability, included on the Application, completed by the licensed physician treating the disabled individual, and signed and dated no more than six months prior to the receipt of the application by DMV. (d) Application for Program Disabled Person Parking Permit Placard (DMV form 735-265PP). (e) Parking Identification Card and Disabled Person Parking Permit Placard Application (DMV form 735-265PIP) that meets requirements described in OAR 735-080-0060 including the Certificate of Disability, included on the application, completed by the holder’s licensed physician, licensed nurse practitioner or licensed physician assistant. (3) Expired permits must be destroyed. Invalidated permits must be returned immediately to DMV. Statutory/Other Authority: ORS 184.619, 802.010, 811.602, 811.607 & 811.609 Statutes/Other Implemented: ORS 811.602, 811.604, 811.605, 811.606, 811.607 & 811.609 History: DMV 27-2024, amend filed 08/06/2024, effective 08/06/2024 DMV 22-2024, minor correction filed 06/10/2024, effective 06/10/2024 DMV 1-2024, amend filed 01/26/2024, effective 01/26/2024 DMV 29-2020, amend filed 09/29/2020, effective 01/01/2021 DMV 23-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 24-2019, amend filed 12/17/2019, effective 12/17/2019 DMV 47-2018, amend filed 11/20/2018, effective 01/01/2019 DMV 4-2011, f. & cert. ef. 3-16-11
735-080-0050 Display and Use of Disabled Person Parking Permits (1) A disabled person parking permit may only be used as allowed under ORS 811.635, or 811.637 if issued to an authorized program. (2) The proper display of a disabled person parking permit is to hang the permit from the rearview mirror or to display the permit on the dashboard of the vehicle so the permit and expiration date are clearly visible from outside the vehicle. The permit must be removed from the rearview mirror prior to the operation of the vehicle. (3) DMV will issue disabled person parking decals to motorcycles, golf carts or other similar vehicles. The decal will be affixed to the back of the left rearview mirror. If such a display is not possible, the person will attach the decal to the front fender of the vehicle so that the permit number and expiration date are visible from the front of the vehicle. Statutory/Other Authority: 811.602, 811.607, 811.609, ORS 184.619 & ORS 802.010 Statutes/Other Implemented: 811.607, 811.609, ORS 811.602, 811.604, 811.605 & 811.606 History: DMV 47-2018, amend filed 11/20/2018, effective 01/01/2019 DMV 6-2002, f. & cert. ef. 3-14-02 DMV 6-1996, f. & cert. ef. 8-15-96 MV 38-1989, f. & cert. ef 10-3-89 MV 30-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-110-0840 MV 11-1985, f. 9-19-85, ef. 9-20-85
735-080-0060 Parking Identification Card Without a Photograph (1) An applicant for an Individual Disabled Person Parking Permit who does not hold a valid driver license, driver permit, or identification card and is unable to go to a DMV office to be photographed, may be issued a parking identification card without a photograph for the purposes of meeting Disabled Person Parking Permit issuance requirements, as described in ORS 811.603. (2) To receive a Parking Identification Card and Disabled Person Parking Permit placard, the applicant must submit: (a) A completed Parking Identification Card and Disabled Person Parking Permit Application (DMV form 735-265 PIP) that includes the applicant’s name, residence address, date of birth, height, weight, and signature; (b) The certificate included on the application, signed and dated no more than six months prior to receipt of the application by DMV and completed by: (A) A licensed physician stating the applicant is a person with a disability as required by ORS 811.604; or (B) A licensed optometrist stating the applicant is a person with a disability because of loss of vision or substantial loss of visual acuity or visual field beyond correction as required by ORS 811.604; (c) Proof of residence address as described in OAR 735-062-0030; and (d) A statement from a licensed physician that, because of the applicant’s medical or physical condition, it is impractical or harmful for the applicant to appear at a DMV office to be photographed as required in ORS 811.603. (3) A parking identification card issued under this rule expires on the applicant’s birthday, in the eighth calendar year after the year of issuance or on the date it is no longer medically impractical or harmful to the applicant to appear at a DMV office to be photographed for an identification card, whichever is earlier. Statutory/Other Authority: ORS 184.619, 802.010 & 811.603 Statutes/Other Implemented: ORS 807.021, 811.602 & 811.603 History: DMV 1-2024, amend filed 01/26/2024, effective 01/26/2024 DMV 36-2019, amend filed 12/17/2019, effective 01/01/2020 DMV 47-2018, amend filed 11/20/2018, effective 01/01/2019 DMV 29-2009, f. 12-22-09, cert. ef. 1-1-10 DMV 12-2008, f. 6-23-08, cert. ef. 7-1-08 DMV 6-2002, f. & cert. ef. 3-14-02 DMV 18-2001(Temp), f. & cert. ef. 9-21-01 thru 3-19-02 DMV 12-2000, f. & cert. ef. 9-21-00 DMV 6-1996, f. & cert. ef. 8-15-96 MV 20-1991, f. 9-18-91, cert. ef. 9-29-91
735-080-0070 Replacement or Renewal of a Parking Identification Card (1) DMV may replace a Parking Identification Card issued under OAR 735-080-0070 if the card is lost, mutilated or destroyed. The replacement will have the same expiration date as the Parking Identification Card it replaces. Issuance of a replacement Parking Identification Card automatically invalidates the previously issued Parking Identification Card. An applicant for a replacement must complete a Parking Identification Card and Disabled Person Parking Permit Application (DMV form 735-265PIP), which must include: (a) The applicant’s certification that the original Parking Identification Card has been lost, mutilated or destroyed; and (b) Proof of residence address as described in OAR 735-062-0030, when the residence address of the applicant has changed since issuance of the most recent parking identification card. (2) Upon Expiration of a Parking Identification Card, DMV may issue a Parking Identification Card with a renewed expiration date. For DMV to issue the card, the applicant must: (a) Meet the eligibility requirements described in OAR 735-080-0060; (b) Submit a completed Parking Identification Card and Disabled Person Parking Permit Application form (DMV form 735-265PIP) described in OAR 735-080-0060, submitted in accordance with OAR 735-080-0100; and (c) Provide proof of residence address with the application for renewal, as described in OAR 735-062-0030, when the residence address of the applicant has changed since issuance of the most recent parking identification card. (3) A renewed Parking Identification Card expires eight years from the expiration date of the immediately preceding identification card or on the date it is no longer medically impractical to the applicant to appear at a DMV office to be photographed for an identification card, whichever is earlier. Statutory/Other Authority: ORS 184.619, 802.010 & 811.603 Statutes/Other Implemented: ORS 811.603 History: DMV 1-2024, amend filed 01/26/2024, effective 01/26/2024 DMV 36-2019, amend filed 12/17/2019, effective 01/01/2020 DMV 12-2008, f. 6-23-08, cert. ef. 7-1-08 DMV 6-2002, f. & cert. ef. 3-14-02 DMV 18-2001(Temp), f. & cert. ef. 9-21-01 thru 3-19-02 DMV 12-2000, f. & cert. ef. 9-21-00 DMV 6-1996, f. & cert. ef. 8-15-96 MV 20-1991, f. 9-18-91, cert. ef. 9-29-91
735-080-0080 Temporary Duplicate Permits (1) DMV may issue a temporary duplicate permit placard, as described in ORS 811.602, to an applicant who needs a second permit to travel outside of the person’s county of residence if the applicant holds a valid Disabled Person Parking Permit placard or decal or a valid temporary Disabled Person Parking Permit placard. (2) The applicant must submit to DMV a Disabled Person Parking Permit Application/Renewal: Individuals (DMV form 735-265) requesting a Temporary Duplicate Permit that includes: (a) The applicant’s name and address; and (b) The applicant’s driver license, driver permit, identification card, or parking identification card number, if one has been assigned by DMV. (3) A Temporary duplicate travel permit is valid for a period of up to 120 days from the date of issuance. DMV will not issue a temporary duplicate travel permit with an expiration date that is later than the expiration date of the applicant’s primary Disabled Person Parking Permit placard, decal or temporary Disabled Person Parking Permit. (4) DMV may issue a temporary duplicate travel permit prior to the expiration of a current, valid temporary duplicate permit issued to an applicant. In addition to the requirements in section (2) of this rule, the applicant must return the current, valid temporary duplicate permit prior to issuance of the new temporary duplicate permit. Statutory/Other Authority: ORS 184.619, 802.010 & 811.602 Statutes/Other Implemented: ORS 811.602 History: DMV 1-2024, amend filed 01/26/2024, effective 01/26/2024 DMV 29-2020, amend filed 09/29/2020, effective 01/01/2021 DMV 23-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 20-2007, f. 12-24-07, cert. ef. 1-1-08 DMV 6-1996, f. & cert. ef. 8-15-96
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 or 813.410(4), 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(4), 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. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.619, 802.010, 813.410 & 813.440 Statutes/Other Implemented: ORS 813.410 & 813.440 History: DMV 9-2023, minor correction filed 02/23/2023, effective 02/23/2023 DMV 10-2014, f. & cert. ef. 9-19-14 DMV 24-2010, f. 12-22-10, cert. ef. 1-1-11 DMV 14-2007, f. & cert. ef. 12-24-07 DMV 23-2004, f. & cert. ef. 11-17-04 DMV 21-2002, f. & cert. ef. 11-18-02 DMV 3-1996, f. & cert. ef. 7-26-96 MV 15-1993, f. 10-22-93, cert. ef. 11-4-93 MV 2-1991, f. & cert. ef. 3-18-91 MV 10-1985, f. 9-19-85, ef. 9-20-85, Renumbered from 735-021-0110 MV 5-1984, f. 6-29-84, ef. 7-1-84
735-090-0040 Document Submission Requirements (1) The following documents, sent by police agencies, shall be received by DMV by the tenth day following arrest. These documents are: (a) Original and a copy of the Implied Consent Combined Report, Form 735-0075, and if applicable, the CDL Implied Consent Addendum, Form 735-0075A; and (b) The Oregon driver license or permit if confiscated. (2) An Implied Consent Combined Report, Form 735-0075, and if applicable, a CDL Implied Consent Addendum, Form 735-0075A, not received within ten days following the arrest and failure of the breath test or refusal of a breath, blood or urine test, are inadmissible at any hearing conducted within 30 days following the arrest pursuant to ORS 813.132 or 813.410, but are admissible in a hearing authorized under ORS 813.440. (3) The original and a copy of the Implied Consent Blood Test Failure Report, Form 735-0055, sent by police agencies, shall be received by DMV by the 45th day following arrest. If form 735-0055 is not received within 45 days following the date of arrest, no license suspension action will be taken by DMV. Statutory/Other Authority: ORS 183.341, 184.616, 184.619, 802.010, 813.410 & 813.440 Statutes/Other Implemented: ORS 813.131, 813.132, 813.410 & 813.440 History: DMV 23-2004, f. & cert. ef. 11-17-04 DMV 21-2002, f. & cert. ef. 11-18-02 DMV 7-1997, f. & cert. ef. 9-18-97 DMV 3-1996, f. & cert. ef. 7-26-96 MV 15-1993, f. 10-22-93, cert. ef. 11-4-93 MV 2-1991, f. & cert. ef. 3-18-91 MV 10-1985, f. 9-19-85, ef. 9-20-85, Renumbered from 735-021-0120 MV 5-1984, f. 6-29-84, ef. 7-1-84
735-090-0042 Police Officer Request for an In-Person Hearing A police officer may request that any hearing required under ORS 813.410 be an in-person hearing. The request may be made by: (1) Marking the box provided on the Implied Consent Combined Report, Form 735-0075, or Implied Consent Blood Test Failure Report, Form 735-0055; or (2) Submitting a separate written request to DMV Hearings Case Management Unit. The request may be: (a) Personally delivered to DMV Headquarters. 1905 Lana Ave. NE, Salem, OR; (b) Delivered by mail to DMV Headquarters, 1905 Lana Ave. NE, Salem, OR 97314; or (c) Received by facsimile machine at telephone number (503) 945-5521. (3) To be considered timely, an officer’s in-person hearing request submitted pursuant to ORS 813.132 or 813.410(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. (4) To be considered timely, a hearing request submitted pursuant to ORS 813.410(3), for failure of a blood test, must be received by DMV by the 45th day following the arrest of the petitioner. ORCP 10A will be used to determine the computation of time. (5) A police officer may amend the request for an in-person hearing within the time requirement specified in section (3) or (4) of this rule. Statutory/Other Authority: ORS 183.341, 184.616, 184.619, 802.010, 813.410 & 813.440 Statutes/Other Implemented: ORS 813.410 & 813.440 History: DMV 10-2014, f. & cert. ef. 9-19-14 DMV 24-2010, f. 12-22-10, cert. ef. 1-1-11
735-090-0051 Subpoena of Witness Under no circumstance will DMV or OAH compel a witness to attend and testify at a hearing that determines the validity of a suspension of driving privileges unless the witness is served with a subpoena at least 72 hours prior to the time of the hearing. Statutory/Other Authority: ORS 183.341, 184.616, 184.619, 802.010, 813.410 & 813.440 Statutes/Other Implemented: ORS 813.410 & 813.440 History: DMV 14-2007, f. & cert. ef. 12-24-07 DMV 23-2004, f. & cert. ef. 11-17-04
735-090-0066 Witness Information, Requests for Admissions, and Written Interrogatories (1) The Agency finds that use of the discovery methods listed in OAR 137-003-0566(1)(a), (d) and (e) (names, telephone numbers, and addresses of witnesses expected to testify at the hearing, requests for admission, and written interrogatories respectively) would unduly complicate and interfere with the hearing processes in Implied Consent contested case hearings due to the statutorily mandated timeframe within which these cases must be decided, the volume of cases and need for speed and informality in these hearings. The current alternative procedures for sharing relevant information, including those established in Oregon Administrative Rule, chapter 735, division 90, are sufficient to ensure fundamental fairness in Implied Consent contested case hearings. (2) The witness information, requests for admission, and interrogatories described in OAR 137-003-0566(1)(a), (d) and (e) do not apply to the Agency’s Implied Consent contested case hearings and may not be used in such hearings. Statutory/Other Authority: ORS 183.341, 184.616, 184.619, 802.010, 813.410 & 813.440 Statutes/Other Implemented: ORS 813.410 & 813.440 History: DMV 13-2013, f. & cert. ef. 9-24-13
735-090-0101 Hearing Location (1) Except as provided in section (2) of this rule, an in-person hearing will be held either in the county where the alleged offense occurred or at any place within 100 air miles of the place where the offense is alleged to have occurred. There is no location restriction when a hearing is conducted by telephone or other two-way electronic communication device. (2) If there is a mutual agreement between the petitioning party and DMV, an in-person hearing may be held at a location outside of either the county where the alleged offense occurred or 100 air miles of the place where the offense is alleged to have occurred. Statutory/Other Authority: ORS 183.341, 184.616, 184.619, 802.010, 813.410 & 813.440 Statutes/Other Implemented: ORS 813.410 & 813.440 History: DMV 24-2010, f. 12-22-10, cert. ef. 1-1-11 DMV 2-2007, f. & cert. ef. 1-24-07 DMV 23-2004, f. & cert. ef. 11-17-04
735-090-0110 Just Cause Petitions Persons wishing to have the agency consider, under ORS 813.440, their grounds for not filing a timely hearing request or for not attending a hearing shall include the following in their petition: (1) The information specified in OAR 735-090-0020(1); (2) The date and DMV case number of the defaulted hearing, when applicable; and (3) A statement of the circumstances relied upon for just cause and an explanation of how those circumstances caused the failure to file a timely hearing request or to appear at a scheduled hearing; and (4) Any other documentation relied upon. Statutory/Other Authority: ORS 183.341, 184.616, 184.619, 813.410 & 813.440 Statutes/Other Implemented: ORS 813.410 History: DMV 21-2002, f. & cert. ef. 11-18-02 MV 15-1993, f. 10-22-93, cert. ef. 11-4-93 MV 2-1991, f. & cert. ef. 3-18-91 MV 10-1985, f. 9-19-85, ef. 9-20-85, Renumbered from 735-021-0165
735-090-0120 Police Officer Unable to Appear at Hearing (1) If a subpoenaed police officer is unable to appear at a hearing under ORS 813.410 due to an officer’s illness, vacation or official duty conflicts, a hearing will be re-scheduled as soon as practicable. (2) DMV will rescind the suspension of the petitioner's driving privileges pending the outcome of the hearing conducted pursuant to ORS 813.440(1)(d). (3) The DMV or OAH may receive notification of an officer’s illness, vacation or official duty conflict before or after a scheduled hearing. Post hearing notification must be received by the DMV or OAH no later than 10 days after the hearing. Verification must be to the satisfaction of the DMV. (4) An official duty conflict exists if the subpoenaed police officer is unable to attend the hearing due to any of the following conditions: (a) Community caretaking pursuant to ORS 133.033; (b) Court appearance on behalf of the police officer’s agency; (c) Participating in employer approved training; or (d) Duty-related physical incapacity. (5) Nothing in this rule prevents the taking of evidence at the time of the originally scheduled hearing and continuing the hearing for the testimony of the unavailable police witness(es). Statutory/Other Authority: ORS 183.341, 184.616, 813.410 & 813.440 Statutes/Other Implemented: ORS 813.410 & 813.440 History: DMV 10-2014, f. & cert. ef. 9-19-14 DMV 30-2009, f. 12-22-09, cert. ef. 1-1-10 DMV 14-2007, f. & cert. ef. 12-24-07 DMV 7-1997, f. & cert. ef. 9-18-97 MV 15-1993, f. 10-22-93, cert. ef. 11-4-93
735-090-0125 Original Hearing The date of the original hearing, as used in ORS 813.440(1)(f), is the initial date that OAH scheduled a hearing to be held for a particular case, regardless of whether a hearing actually took place on that date. Statutory/Other Authority: ORS 183.341, 184.616, 813.410 & 813.440 Statutes/Other Implemented: ORS 813.410 & 813.440 History: DMV 30-2009, f. 12-22-09, cert. ef. 1-1-10