If a vehicle has been taken into custody by The Oregon
Department of Transportation (department) in accordance with ORS
819.110 or
819.120, the department shall
provide written notice to the owner of the vehicle in accordance with ORS
819.170 or
819.180. The vehicle owner(s),
person entitled to possession or any person with an interest recorded on the
title of the vehicle, may request a hearing in writing, which must be received
by the department at the address identified in the notice, within 5 days
(Saturdays, Sundays, and holidays excluded) from the date of the posting or
mailing of the notice, to contest the validity of the towing and custody of the
vehicle, and subject to subsection 7 below, the reasonableness of the charges
for towing and storage. The hearing shall comply with all of the
following:
(1) The department shall
set a time for the hearing within 72 hours of the receipt of the request and
shall provide notice of the hearing to the person requesting the hearing and to
the owner(s) of the vehicle, and any lessors or security interest holders shown
in the department records. The 72 hour period of time does not include
Saturdays, Sundays, or Holidays.
(2) Actions taken by department, including
conducting the hearing, are not subject to ORS chapter 183; and are therefore,
not subject to the Administrative Procedures Act and the hearings are not
conducted by the Office of Administrative Hearings.
(3) The department District Manager for the
district within which the tow occurred is hereby designated to act as the
department's hearings officer. In the event the District Manager is unable or
unavailable to conduct the hearing, a department employee shall be designated
by the District Manager to act as hearings officer.
(4) The hearing shall be conducted via
telephone unless the person requesting the hearing requests other
accommodations with justification for the request in which case the hearing
shall be held at the District Manager's or the designee's office.
(5) If the District Manager, or designee,
determines the towing of the vehicle was invalid, the vehicle shall be
immediately released upon payment by the department of the towing and storage
fees, which shall occur as quickly as reasonably possible. The person to whom
the vehicle is released is not liable for any towing or storage charges. If the
towing and storage fee has already been paid, the department shall reimburse
the person who paid the fee for the charges upon presentation of satisfactory
proof of payment.
(6) If the
District Manager, or designee, determines the custody and towing of the vehicle
was valid, the department shall order the vehicle to be held in custody until
the costs of the hearing and all towing and storage costs are paid by the party
claiming the vehicle.
(7) If the
person requesting the hearing contests the reasonableness of the charges for
towing and storage, the District Manager, or designee, shall consider such
request only when the department has used its own personnel, equipment and
facilities for the towing and storage of vehicles and shall provide a
determination concerning the reasonableness of the department's charges in the
written statement of the results of the hearing.
(8) The department shall only conduct one
hearing for each vehicle custody and tow even if the person requesting the
hearing, or any other interested party or witness fails to appear at the
scheduled hearing unless the person provides reasons satisfactory to the
District Manager or designee for such failure to appear.
(9) Hearings shall be informal in nature, and
the presentation of evidence shall be consistent with the requirements of ORS
183.450.
(10) The District Manager, or designee, shall
provide a written statement of the results of the hearing to the person
requesting the hearing.
(11) The
determination of a hearing is final and is not subject to
appeal.
