The Department of Transportation shall not terminate any requirements under ORS 806.245 or return any proof under ORS 806.250 if any action for damages which may result in a judgment of a type described under ORS 806.040 is then pending nor in the event any such judgment is outstanding and unsatisfied. An affidavit of an applicant for termination or release stating the nonexistence of such facts is sufficient evidence thereof in the absence of evidence to the contrary in the records of the department. An affidavit will not be required for a person who filed a certificate of insurance as described in ORS 806.270 during the period such proof was required. [1987 c.258 §7]
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