Oregon Statutes - Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment - Section 809.040 - Hearing; notice; judicial review.

(1) When a hearing is required under ORS 809.020 or 809.050, the Department of Transportation shall afford a person an opportunity of a hearing before the department suspends or revokes vehicle registration. A hearing described by this subsection is subject to all of the following:

(a) Before the hearing, the department shall provide the person with notice meeting the requirements under ORS 809.430.

(b) The hearing, if requested, shall be in the county wherein the person resides unless the person and the department agree to hold it elsewhere.

(c) The hearing shall be conducted as a contested case in accordance with ORS chapter 183.

(d) The hearing shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605.

(2) The hearing requirements under this section do not apply in any case where the department finds a serious danger to the public safety and sets forth specific reasons for such finding.

(3) Judicial review of orders suspending or revoking registration under this section shall be as provided in ORS chapter 183. [1983 c.338 §283; 1985 c.16 §115; 1985 c.401 §12; 1999 c.849 §§184,185; 2003 c.75 §65]

Section:  Previous  809.010  809.020  809.030  809.040  809.050  809.060  809.070  809.080  809.090  809.095  809.100  809.110  809.120  809.130  809.135  Next

Last modified: August 7, 2008