Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0004 - Cancellation and Suspension Actions Under ORS 809.310

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 809.310(1) and
			 (2) and
			 807.400(17),
			 DMV will cancel any driver license, driver permit or identification card when
			 DMV determines that it was issued on the basis of false information given to
			 DMV or determines that the person is not entitled to driving privileges or the
			 identification card. The cancellation action may be taken independent of
			 suspension action DMV may take under section (3) of this rule.
(2) When DMV cancels a person's driver
			 license, driver permit or identification card under section (1) of this rule,
			 DMV may cancel any other driver license, driver permit or identification card
			 issued to the person to which the person is not entitled or which was issued on
			 the basis of false information given to DMV.
(3) Pursuant to ORS
			 809.310(3) and
			 809.415(5), DMV
			 will suspend driving privileges and the right to apply for driving privileges
			 if DMV determines that a person has knowingly committed any of the acts
			 identified in ORS 809.310(3)(a) through
			 (f). The suspension will be imposed
			 regardless of when the act occurred.
(4) DMV will determine that a person has
			 knowingly committed an act described in ORS
			 809.310(3) when
			 the person's biometric information submitted by the person matches the
			 biometric information in another department record and DMV has or obtains
			 additional information indicating the person is committing or has committed an
			 offense, such as identity theft, that results in a violation described in ORS
			 809.310(3)(c)-(f).
			 DMV will not determine that a person knowingly committed an act identified in
			 ORS 809.310(3)(a) or
			 (b) based upon a finding that the biometric
			 information submitted by the person matches the biometric data in another
			 department record.
(5) When DMV
			 suspends a person's driving privileges pursuant to ORS
			 809.411(8)
			 because the person has been convicted of any of the acts identified in
			 809.310(3) (a) through (h), or because DMV has determined the person knowingly
			 committed any of the acts identified in 809.310(3)(a) through (f), DMV will
			 suspend any other driving privileges issued to the person and the person's
			 right to apply for driving privileges.
(6) Notwithstanding sections (3) and (5) of
			 this rule, when DMV has determined a person gave a false or fictitious address
			 to DMV, DMV will cancel but not suspend the person's driver license, driver
			 permit or identification card under section (1) of this rule.
(7) Section (4) of this rule applies to
			 driver licenses, driver permits and identification cards that were issued on or
			 after January 1, 2021, and DMV subsequently matches the applicant's biometric
			 data with the biometric data of another individual in DMV records.
Statutory/Other Authority: ORS
				  184.619 &
				  802.010
Statutes/Other Implemented: ORS
				  809.310 &
				  809.320