Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 20 - TRAFFIC CONTROL › Section 734-020-0148 - Tow Hearing Process

Current through Register Vol. 63, No. 7, July 1, 2024
If a vehicle has been taken into custody by The Oregon
				Department of Transportation (department) in accordance with ORS
				819.110 or
				819.120, the department shall
				provide written notice to the owner of the vehicle in accordance with ORS
				819.170 or
				819.180. The vehicle owner(s),
				person entitled to possession or any person with an interest recorded on the
				title of the vehicle, may request a hearing in writing, which must be received
				by the department at the address identified in the notice, within 5 days
				(Saturdays, Sundays, and holidays excluded) from the date of the posting or
				mailing of the notice, to contest the validity of the towing and custody of the
				vehicle, and subject to subsection 7 below, the reasonableness of the charges
				for towing and storage. The hearing shall comply with all of the
				following:
(1) The department shall
			 set a time for the hearing within 72 hours of the receipt of the request and
			 shall provide notice of the hearing to the person requesting the hearing and to
			 the owner(s) of the vehicle, and any lessors or security interest holders shown
			 in the department records. The 72 hour period of time does not include
			 Saturdays, Sundays, or Holidays.
(2) Actions taken by department, including
			 conducting the hearing, are not subject to ORS chapter 183; and are therefore,
			 not subject to the Administrative Procedures Act and the hearings are not
			 conducted by the Office of Administrative Hearings.
(3) The department District Manager for the
			 district within which the tow occurred is hereby designated to act as the
			 department's hearings officer. In the event the District Manager is unable or
			 unavailable to conduct the hearing, a department employee shall be designated
			 by the District Manager to act as hearings officer.
(4) The hearing shall be conducted via
			 telephone unless the person requesting the hearing requests other
			 accommodations with justification for the request in which case the hearing
			 shall be held at the District Manager's or the designee's office.
(5) If the District Manager, or designee,
			 determines the towing of the vehicle was invalid, the vehicle shall be
			 immediately released upon payment by the department of the towing and storage
			 fees, which shall occur as quickly as reasonably possible. The person to whom
			 the vehicle is released is not liable for any towing or storage charges. If the
			 towing and storage fee has already been paid, the department shall reimburse
			 the person who paid the fee for the charges upon presentation of satisfactory
			 proof of payment.
(6) If the
			 District Manager, or designee, determines the custody and towing of the vehicle
			 was valid, the department shall order the vehicle to be held in custody until
			 the costs of the hearing and all towing and storage costs are paid by the party
			 claiming the vehicle.
(7) If the
			 person requesting the hearing contests the reasonableness of the charges for
			 towing and storage, the District Manager, or designee, shall consider such
			 request only when the department has used its own personnel, equipment and
			 facilities for the towing and storage of vehicles and shall provide a
			 determination concerning the reasonableness of the department's charges in the
			 written statement of the results of the hearing.
(8) The department shall only conduct one
			 hearing for each vehicle custody and tow even if the person requesting the
			 hearing, or any other interested party or witness fails to appear at the
			 scheduled hearing unless the person provides reasons satisfactory to the
			 District Manager or designee for such failure to appear.
(9) Hearings shall be informal in nature, and
			 the presentation of evidence shall be consistent with the requirements of ORS
			 183.450.
(10) The District Manager, or designee, shall
			 provide a written statement of the results of the hearing to the person
			 requesting the hearing.
(11) The
			 determination of a hearing is final and is not subject to
			 appeal.
Stat. Authority: ORS
				  184.616,
				  184.619,
				  819.120, Ch. 371 OL 2009
Stats. Implemented: ORS
				  819.110 -
				  819.215, Ch. 371 OL
				  2009