justicedao/ipfs_state_laws huggingface dataset:
735-070-0006 Reinstatement of Driving Privileges Suspended for Obtaining False ID (1) Chapter 14, Oregon Law 2012 allows DMV to reinstate driving privileges prior to the full year suspension required under ORS 809.415(5) if DMV determines the person committed an act constituting an offense described in ORS 809.310(3)(a) or (b) when he or she was under 21 years of age and the only reason for the act was to obtain a driver license, driver permit or identification card that would make the person appear old enough to purchase or consume alcohol or to enter licensed premises prohibited to minors. (2) A person may request reinstatement of driving privileges if the person’s driving privileges or right to apply for driving privileges are suspended under ORS 809.415(5) and OAR 735-070-0004(3) for committing an act that constitutes an offense under ORS 809.310(3)(a) or (b). To request reinstatement, the person must submit a written request for an administrative review. The request for an administrative review must include a signed statement describing how and for what purpose the person obtained a driver license or identification card when he or she committed the act under ORS 809.310(3)(a) or (b). (3) Upon receipt of a request described under section (2) of this rule, DMV will conduct an administrative review to determine if the person’s driving privileges or right to apply for driving privileges should be reinstated. DMV will authorize reinstatement of driving privileges or the right to apply, only if DMV determines the circumstances of the person’s commission of an act under ORS 809.310(3)(a) or (b) meets all of the following criteria: (a) The person was under 21 years of age at the time the person committed the act; (b) The person’s driving privileges were not suspended or revoked at the time the person committed the act; (c) The person did not commit more than one act described in ORS 809.310(3)(a) or (b); and (d) It appears from the statement provided that the act was committed solely for the purpose of attempting to purchase, purchasing, consuming or acquiring alcoholic beverages or entering or attempting to enter licensed premises posted or otherwise identified as being prohibited to the use of minors. (4) Upon completion of an administrative review, DMV will issue an order. If DMV determines the circumstances of the person’s commission of an act under ORS 809.310(3)(a) or (b) meet the criteria set forth in section (3) of this rule, the person’s driving privileges or right to apply for driving privileges will be reinstated upon payment of a reinstatement fee. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 2012 OL Ch. 14 Statutes/Other Implemented: ORS 809.310, 809.320 & 2012 OL Ch. 14 History: DMV 15-2012, f. & cert. ef. 11-19-12
735-070-0015 NDR/PDPS and CDLIS Checks at Reinstatement (1) Before reinstating suspended driving privileges, DMV will make an inquiry to the National Driver Register/Problem Driver Pointer System (NDR/PDPS) and the Commercial Driver License Information System (CDLIS) to determine if the person’s driving privileges are suspended, revoked, canceled, or otherwise not valid in any other jurisdiction. (2) DMV will not reinstate suspended driving privileges until the person’s driving privileges are reinstated or otherwise valid in all jurisdictions, unless the only remaining reinstatement requirement in another jurisdiction is proof of financial responsibility. Nothing in this section prohibits DMV from reinstating a regular Class C driver license to a person whose commercial driving privileges are not valid in all other jurisdictions as long as the person’s regular Class C or equivalent driving privileges are valid in all other jurisdictions. (3) This rule does not apply if: (a) The person has never been issued Oregon driving privileges; (b) The person’s Oregon-issued driving privileges are expired, revoked or cancelled; or (c) The person’s Oregon-issued driving privileges are suspended but the person has subsequently been issued driving privileges in another jurisdiction. Statutory/Other Authority: ORS 184.616, 184.619 & 802.010 Statutes/Other Implemented: ORS 807.040, 807.060, 807.249, 809.380, 809.390 & 809.400 History: DMV 14-2006, f. 9-29-06, cert. ef. 10-2-06
735-070-0020 Hearing Following a Cancellation (1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will grant a contested case hearing for cancellation actions in accordance with sections (5) and (6) of this rule. (2) A request for a hearing on the cancellation of a driver permit, driver license or identification card must comply with the requirements established in OAR 735-070-0110. (3) When DMV receives a timely request for a hearing on the cancellation of a driver permit, driver license, or identification card, the cancellation will not go into effect pending the outcome of the hearing, except in the following situations: (a) When DMV determines that there is a serious danger to the public health, safety, or welfare; (b) When the cancellation is due to a person’s inability to establish identity as required in ORS 807.024 and OAR 735-062-0016; (c) When the cancellation is for withdrawal of parent's consent; or (d) When the cancellation has gone into effect. (4) For the purposes of this rule, a serious danger to the public health, safety or welfare includes, but is not limited to, the following: (a) A false or fraudulent driver permit, driver license or identification card has been issued and it could be used to facilitate: (A) A minor's acquisition of alcoholic beverages; (B) The cashing of forged checks; (C) The acquisition of property under false pretenses; or (D) Any other unlawful activity. (b) A driver permit or driver license is issued to a person whose driving privileges are suspended or revoked at the time the driver permit or driver license is issued. This applies to a situation where DMV would not have issued the driver permit or driver license had it known at the time that the person's driving privileges were suspended or revoked. (c) A person determined by DMV to be an endangerment to persons or property and denied further testing through cancellation of driving privileges under ORS 807.350 and OAR 735-062-0073(5). (5) The Office of Administrative Hearings will conduct hearings held on identification card cancellations under ORS 807.400 as contested cases in accordance with 183.310 to 183.550. (6) The Office of Administrative Hearings will conduct hearings held on driver permit or driver license cancellations under ORS 809.310 not based on a conviction as contested cases in accordance with 183.310 to 183.550. Statutory/Other Authority: ORS 183.415, 184.616, 802.010, 807.173 809.440 & 814.619 Statutes/Other Implemented: ORS 807.173 & 809.310 History: DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08 DMV 26-2005, f. & cert. ef. 12-14-05 DMV 18-2005(Temp), f. & cert. ef. 8-18-05 thru 2-13-06 DMV 3-2005, f. 1-20-05, cert. ef. 1-31-05 DMV 3-2002, f. & cert. ef. 3-14-02 MV 5-1992, f. & cert. ef. 4-16-92 MV 9-1989, f. & cert. ef. 2-1-89 MV 16-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0067
735-070-0030 Suspension/Revocation for Out-of-State Conviction, Suspension or Revocation (1) For purposes of ORS 809.400(1): (a) The date a notice of conviction is received by the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) is: (A) The date the notice of conviction is date stamped by DMV; or (B) The date the notice of conviction is electronically transmitted to Oregon DMV from the reporting jurisdiction. (b) “Initiated” means the date the conviction is entered on the person’s Oregon driving record. (c) A conviction is entered on the person’s Oregon driving record when it is manually placed on the record by DMV or when it is transmitted from the reporting jurisdiction if received electronically. (2) Except as provided in ORS 809.400(1)(b), DMV will suspend or revoke the driving privileges of any resident of this state upon receiving notice of the conviction of the person in another jurisdiction for an offense which, if committed in this state, would be grounds for suspending or revoking of the person’s driving privileges. (3) DMV shall suspend the commercial driving privileges of a resident of this state pursuant to ORS 809.510(7), upon receiving notice that the person’s commercial driving privileges have been suspended or revoked in another jurisdiction under circumstances that would require DMV to suspend driving privileges if the conduct had occurred in Oregon. The period of suspension will be the same as would be imposed if the conduct had occurred in Oregon. (4) Oregon DMV shall cease all non-commercial suspensions added to a person’s Oregon driving record before May 14, 2024, that were a result of DMV receiving notification from another state, territory, federal possession or district, or providence of Canada that the person’s driving privileges were suspended or revoked in that jurisdiction under circumstances that would have required DMV to suspend the person’s driving privileges under ORS 813.410(1) if the conduct had occurred in Oregon. Statutory/Other Authority: ORS 184.619, 802.010 & 809.400 Statutes/Other Implemented: ORS 802.540, 809.400 & 809.510 History: DMV 15-2025, amend filed 11/13/2025, effective 01/01/2026 DMV 5-2024, amend filed 05/14/2024, effective 05/14/2024 DMV 5-2023, minor correction filed 02/23/2023, effective 02/23/2023 DMV 3-2020, minor correction filed 03/25/2020, effective 03/25/2020 DMV 26-2008, f. & cert. ef. 10-23-08 DMV 31-2005, f. & cert. ef. 12-14-05 DMV 22-2004, f. 11-17-04, cert. ef. 1-1-05 DMV 6-1995, f. & cert. ef. 3-9-95 MV 1-1992, f. & cert. ef. 2-18-92 MV 16-1990, f. & cert. ef. 9-25-90 MV 10-1986, f. & ef. 6-20-86, Renumbered from 735-031-0053
735-070-0035 Effect of Commercial Driving Privilege Withdrawal on Non-Commercial Driving Privileges (1) DMV may withdraw a person’s commercial driving privileges without withdrawing the person’s non-commercial driving privileges (2) DMV may not issue a hardship permit to operate a commercial motor vehicle. (3) When DMV withdraws a person’s commercial driving privileges without withdrawing a person’s non-commercial driving privileges, the person shall surrender the person’s commercial driver license and apply for a Class C driver license. (4) For the purpose of this rule, “withdraw” or “withdrawal” means cancellation, suspension, revocation, or disqualification of commercial driving privileges by this state or by another jurisdiction. Statutory/Other Authority: ORS 184.619, 802.010, 802.200 & 807 Statutes/Other Implemented: ORS 809.240 & 49 CFR 384.210 History: DMV 35-2020, amend filed 12/11/2020, effective 01/01/2021 MV 6-1990, f. & cert. ef. 4-2-90
735-070-0054 Police Reports for Implied Consent Suspension Under ORS 813.100, 813.120, 813.132 and 813.410 (1) A police report required by ORS 813.100 must be submitted to the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) on forms approved and distributed by the department. (2) For DMV to suspend a person’s non-commercial Class C driving privileges, commercial driving privileges or both or right to apply for driving privileges or a commercial driving privileges under ORS 813.410 for failure of a breath test or for refusal of a breath, blood or urine test, the implied consent form(s) must: (a) Be received by DMV on or before the 30th day after the date of arrest; and (b) Contain the following information: (A) Specify all of the following that apply: (i) The person failed a breath test; (ii) The person refused a breath test; (iii) The person refused a blood test; (iv) The person refused a urine test; (v) The person was operating a commercial motor vehicle; (vi) The person was operating a vehicle transporting hazardous materials. (B) A date of arrest; and (C) The reporting officer’s signature below the statement, “I affirm by my signature that the foregoing events occurred.” The officer’s signature will be considered acceptable if located anywhere on the line of the form directly below the statement. (3) For DMV to suspend a person’s non-commercial Class C driving privileges, commercial driving privileges, or both or right to apply for driving privileges or a commercial driving privileges under ORS 813.410 for failure of a blood test, the police report form must be received by DMV on or before the 45th day after the date of arrest and must indicate that the person failed a blood test and whether the person was operating a commercial motor vehicle, as well as the information required in paragraphs (2)(b)(B) and (C) of this rule. (4) If an implied consent suspension has been posted pursuant to this rule and a timely hearing request has not been submitted as provided for in ORS 813.410(4), the driver may have the implied consent suspension withdrawn only by: (a) Having the police agency or district attorney’s office follow procedures outlined in OAR 735-070-0055; (b) Obtaining and prevailing at a hearing under ORS 813.440; or (c) DMV, when it withdraws the suspension pursuant to ORS 813.460 and OAR 735-070-0060. Statutory/Other Authority: ORS 184.619, 802.010, 813.100 & 813.120 Statutes/Other Implemented: ORS 813.100, 813.120, 813.130, 813.410, 813.412, 813.440, 813.450 & 813.460 History: DMV 7-2023, minor correction filed 02/23/2023, effective 02/23/2023 DMV 36-2020, amend filed 12/11/2020, effective 01/01/2021 DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 12-2011, f. & cert. ef. 11-23-11 DMV 31-2005, f. & cert. ef. 12-14-05 DMV 23-2004, f. & cert. ef. 11-17-04 DMV 9-1996, f. & cert. ef. 10-10-96 DMV 12-1995, f. & cert. ef. 12-14-95 DMV 7-1995, f. & cert. ef. 3-9-95
735-070-0055 Withdrawal of Implied Consent Forms by Police Agency (1) Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) shall allow the withdrawal of any form issued under ORS 813.100 when DMV receives 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 of withdrawal shall: (a) State which requirements under ORS 813.120 were not met; (b) Be written on official police agency letterhead or on letterhead of the district attorney’s office if the police agency no longer exists; (c) Be signed by the head of the police agency that issued the form or another superior officer in the agency, or the district attorney or the district attorney’s designee if the police agency no longer exists; (d) State the name of the person to whom any form issued under ORS 813.100 was issued and the date of the arrest; and (e) Be submitted to DMV. (2) DMV shall not allow the withdrawal of any form issued under ORS 813.100 if an Implied Consent hearing has been held and a final order has been issued. Statutory/Other Authority: ORS 184.619 & 802.010 Statutes/Other Implemented: ORS 813.100, 813.120 & 813.410 History: DMV 36-2020, amend filed 12/11/2020, effective 01/01/2021 DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 12-1995, f. & cert. ef. 12-14-95 MV 4-1993, f. & cert. ef. 7-16-93 MV 18-1990, f. 11-19-90, cert. ef. 12-1-90 MV 3-1990, f. & cert. ef. 2-1-90
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. Statutory/Other Authority: ORS 184.619 & 802.010 Statutes/Other Implemented: ORS 813.410 & 813.460 History: DMV 8-2023, minor correction filed 02/23/2023, effective 02/23/2023 DMV 36-2020, amend filed 12/11/2020, effective 01/01/2021 DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 23-2004, f. & cert. ef. 11-17-04 DMV 12-1995, f. & cert. ef. 12-14-95 MV 4-1993, f. & cert. ef. 7-16-93 MV 25-1987, f. & ef. 10-1-87, Renumbered from 735-031-0070
735-070-0076 DUII Diversion Agreements — Definitions “Commenced Participating In” and “Presently Participating In” and Removal from Driving Records (1) When record of a driving while under the influence of intoxicants (DUII) diversion agreement is submitted to DMV under ORS 813.230 and is included on a person’s driving record, for purposes of ORS 813.430, the following definitions apply: (a) “Commenced participating in” means the date the order allowing diversion is signed by the judge, or the beginning date of any similar alcohol or drug rehabilitation program as evidenced by a state authorized agreement; and (b) “Presently participating in” means the period of time between the date the order allowing diversion is signed by the judge, or the beginning date of any similar alcohol or drug rehabilitation program as evidenced by state authorized agreement and the ending date of the diversion agreement. (2) DMV shall vacate a DUII diversion agreement from a driving record upon receipt of an order to vacate the diversion agreement from the court which allowed the diversion agreement. Statutory/Other Authority: ORS 814.616 & 184.619 Statutes/Other Implemented: ORS 802.200, 813.230, 813.430 & 813.520 History: DMV 10-1997, f. & cert. ef. 10-16-97
735-070-0085 Proof of Treatment Completion Required for Reinstatement of DUII Suspension (1) Except as provided in section (3) of this rule, a person whose driving privileges are suspended due to a conviction in an Oregon court of driving under the influence of intoxicants (DUII) must provide as proof that the person completed a treatment program to which the person was referred under ORS 813.021, a DUII Treatment Completion Certificate (Certificate), DMV Form 735-6821. The Certificate must be completed by an authorized representative of an Oregon DUII treatment program approved by the Director of the Oregon Health Authority (OHA) or by an authorized representative of OHA on behalf of an Oregon DUII treatment provider or an out-of-state DUII treatment provider. (2) If the person has more than one suspension of driving privileges resulting from DUII convictions, the Certificate required under section (1) of this rule is sufficient for reinstatement of all DUII suspensions with arrest dates that were before the date treatment was completed. For purposes of this section, the Certificate must show the date treatment was completed. (3) If the person does not provide the proof described in section (1) of this rule, DMV will not reinstate driving privileges following a suspension for DUII unless: (a) The person submits an order from the circuit court of the county in which the person was convicted showing that the person has taken sufficient steps to satisfy the requirement under ORS 813.021 to complete a treatment program; (b) It has been 15 years or more since the person’s last DUII conviction in an Oregon court; or (c) The suspension of driving privileges resulted from a conviction in another jurisdiction for the statutory counterpart to ORS 813.010 (DUII). Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 809.380, 2012 OL Ch. 9 & 2013 OL Ch. 233 Statutes/Other Implemented: 2012 OL Ch. 9 & 2013 OL Ch. 233 History: DMV 16-2013, f. & cert. ef. 11-25-13 DMV 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13 DMV 10-2012, f. & cert. ef. 7-19-12 DMV 4-2012(Temp), f. & cert. ef. 3-26-12 thru 9-21-12 DMV 5-1994, f. & cert. ef. 7-21-94
735-070-0110 Hearing Requests Under the Administrative Procedures Act (1) This rule establishes the hearing request requirements for DMV suspension, revocation and cancellation hearings conducted pursuant to the Administrative Procedures Act, ORS 183.413 to 183.500. This rule does not apply to a hearing request for: (a) An implied consent hearing under ORS 813.132, 813.410 or 813.460; (b) An administrative review under ORS 809.440(2); and (c) A post-imposition hearing under ORS 809.440(5). (2) A hearing request must be in writing and must: (a) Include the person’s full name; (b) Separately identify each action being contested if a hearing is being requested for more than one suspension, revocation or cancellation action; (c) Be postmarked within 20 days of the date of the notice. If the hearing request is not postmarked or a postmark date cannot be determined, it must be received by the Driver and Motor Vehicle Services Division of ODOT (DMV) within 20 days of the date of the notice; and (d) Be mailed or personally delivered to DMV Headquarters, 1905 Lana Avenue NE, Salem, OR 97314 or if sent by facsimile machine (FAX), received by DMV at FAX number (503) 945-5521 or submitted online through DMV’s website (3) A Hearing request should also include the person’s: address, driver license, permit, identification or customer number; date of birth; and telephone number with area code. (4) Except as provided in OAR 137-003-0528, the person’s right to a hearing is waived if a hearing is not requested within the time period specified in section (2) of this rule and the notice becomes the final order by default. The time period for requesting a hearing will be computed as set forth is OAR 137-003-0520(11). Statutory/Other Authority: ORS 183.415, 184.619, 802.010 & 809.440 Statutes/Other Implemented: ORS 809.440 History: DMV 35-2024, minor correction filed 12/11/2024, effective 12/11/2024 DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021 DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 23-2004, f. & cert. ef. 11-17-04 DMV 12-1995, f. & cert. ef. 12-14-95 MV 5-1992, f. & cert. ef. 4-16-92 MV 13-1990, f. & cert. ef. 7-16-90 MV 29-1988, f. & cert. ef. 12-16-88