Or. Admin. Code § 257-001-0020 - Notices and Requests for Hearings Under ORS 806.016

(1) A "person entitled to lawful possession" of a vehicle means the owner as defined in ORS 801.375 or a security interest holder. A person not listed as the owner or security interest hold on the records of the Driver and Motor Vehicle Services Branch (DMV) shall have the burden of establishing right possession by clear and convincing evidence.

(2) A person entitled to lawful possession of an impounded vehicle may request a hearing to contest the validity of the impoundment. Such request must be in writing and, within 5 days from the date of the impoundment, be mailed to or received by the agency conducting the hearing. The hearing request must include the person's full name, address, driver's license number, daytime telephone number, the names of and daytime telephone numbers for any other persons (e.g. attorney, witnesses) expected to participate in the hearing, date of the impoundment, the registration number and a description of the vehicle impounded, and a brief statement describing the person's interest in the vehicle (e.g. owner, lessee) and why the person believes the impoundment was impounded. A person who will need an interpreter for the hearing or accommodation for an impairment must also give notice of that in the hearing request.

(3) Notice of the hearing date shall be sent to the person request the hearing as soon as practicable after receipt of the hearing request. The notice shall include or be accompanied by:

(a) The time and date of the hearing;

(b) Notice of the scope of the hearing, which shall be limited to the validity of the impoundment;

(c) The name of the hearing officer assigned;

(d) A copy of the documents then in the hearing officer's file;

(e) A form with instructions on the hearing procedures, and advising persons with impairments of the opportunity to use a telecommunication device line.

(f) Information that the hearing costs may be assessed against the person if the impoundment is held proper.

(4) The hearing officer, upon finding the impoundment to have been proper, may assess the costs of the hearing pursuant to ORS 806.016(4) or may waive, in whole or in part the hearing costs upon finding that the person is indigent. A person claiming indigence shall have the burden of establishing that, and the person's eligibility for food stamps shall be the primary factor to be considered by the hearing officer in determining indigence.

Notes

Or. Admin. Code § 257-001-0020

OSP 2-1994(Temp), f. 6-30-94, cert. ef. 7-1-94; OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94; OSP 1-1998(Temp), f. & cert. ef. 7-24-98 thru 1-1-99; Administrative correction 8-5-99; OSP 4-2000(Temp), f. & cert. ef. 10-9-00 thru 4-6-01; Administrative correction 6-20-01; OSP 4-2002(Temp), f. & cert. ef. 10-25-02 thru 4-22-03; Administrative correction 11-10-03

Stat. Auth.: ORS 181, ORS 181.040, 181.280, 183, 809.720, 809.716 & ORS 814

Stats. Implemented: ORS 809.716