(1) When the Department of Transportation receives a report under ORS 825.410, the department shall notify the person who is the subject of the report that the person has a right to a hearing to determine whether the test results reported under ORS 825.410 will be placed on the personís employment driving record.
(2) The notice shall inform the person of the procedure for requesting a hearing, including but not limited to the time in which a hearing must be requested and the manner of making the request.
(3) A hearing under this section shall be limited to the following issues:
(a) Whether the person named in the report is the person who took the test.
(b) Whether the motor carrier or consortium has a program that meets the requirements of ORS 825.410.
(c) Whether the medical review officer making the report correctly followed the procedures for testing established by the motor carrier or consortium.
(4) If the administrative law judge determines that the person is the person named in the report, that the motor carrier or consortium has a program meeting the requirements of ORS 825.410 and that the medical review officer followed established procedures, the administrative law judge shall order the positive test result to be entered into the employment driving record of the person.
(5) The department shall adopt rules specifying requirements for requesting a hearing under this section.
(6) If a hearing is not requested within the time limit established by rule, or if the person does not appear at a hearing, the department shall place the information about the positive test result on the employment driving record of the person.
(7) The department may not be held civilly liable for any damage resulting from placing information about a drug test result on the employment driving record as required by this section or for any damage resulting from release of the information by the department that occurs in the normal course of business. [1999 c.1099 §7; 2003 c.75 §111]
Note: 825.412 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to or made a part of ORS chapter 825 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
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Last modified: August 7, 2008