(2) This section applies to suspensions under:
(a) ORS 809.415 for failure to make a future responsibility filing;
(b) ORS 809.415 for false certification of financial responsibility requirements; and
(c) ORS 809.417 for involvement in a motor vehicle accident when the department has determined that the person has been operating a vehicle in violation of ORS 806.010.
(3) The granting of a hearing under this section shall not stay the suspension. However, the department shall rescind the suspension if the department determines:
(a) That an error was committed by the department;
(b) That the person in fact was in compliance with financial responsibility requirements on the date specified by the department by rule under ORS 806.150;
(c) That an error was committed by an insurance company in notifying the department regarding the correctness of proof of compliance with financial responsibility requirements provided under ORS 806.150;
(d) That the person was not in compliance with financial responsibility requirements on the date specified by the department by rule under ORS 806.150 and the department also determines that the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements on the date the department sent the notice of verification and that the person currently is in compliance with financial responsibility requirements; or
(e) That at the time of the accident the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements and the person is currently in compliance with financial responsibility requirements.
(4) The hearing shall be held in the manner provided in ORS 809.440. [1985 c.714 §11; 1987 c.258 §10; 2003 c.402 §31; 2019 c.312 §12]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Section 809.090 - Cancellation of registration or title for failure to qualify; notice; rules.
Section 809.100 - Hearing on proposed cancellation or refusal; judicial review.
Section 809.110 - Failure to surrender canceled registration or title; penalty.
Section 809.130 - Suspension or revocation of driving privileges for unsettled judgment.
Section 809.220 - Failure to appear; suspension or other procedures.
Section 809.260 - Court-ordered suspension of driving privileges of juvenile.
Section 809.270 - Driver improvement course; enforcement by suspension or restriction of privileges.
Section 809.312 - Reissuance of privileges after suspension for submitting false information.
Section 809.320 - Cancellation on written request of parent or legal guardian.
Section 809.360 - General provisions relating to suspension or revocation of driving privileges.
Section 809.380 - Period of suspension; effect; reinstatement; fee.
Section 809.390 - Period of revocation; effect; reinstatement; fee.
Section 809.400 - Suspension or revocation for out-of-state conviction.
Section 809.409 - Revocation for conviction of crime.
Section 809.411 - Suspension for conviction of crime.
Section 809.412 - Authority of juvenile court for suspension or revocation.
Section 809.416 - When person subject to suspension under ORS 809.415; duration.
Section 809.417 - Suspension for conduct regarding accidents.
Section 809.419 - Suspensions for physical or mental condition or impairment.
Section 809.421 - Suspensions for miscellaneous driving-related actions.
Section 809.428 - Schedule of suspension or revocation periods for certain offenses.
Section 809.430 - Notice of suspension, cancellation or revocation; contents; service; rules.
Section 809.440 - Hearing and administrative review procedures; defenses; rules.
Section 809.460 - Rescission of suspension or revocation upon appeal of underlying conviction.
Section 809.470 - When judgment considered settled for purposes of suspension requirements.
Section 809.480 - Driver improvement programs; rules; purpose; suspension; fee.
Section 809.500 - Failure to return suspended, revoked or canceled license; penalty.
Section 809.520 - Lifetime suspension of commercial driving privileges.
Section 809.525 - Serious traffic offenses; rules.
Section 809.530 - Violation of out-of-service order.
Section 809.535 - Suspension of commercial driver license for specified rail crossing violations.
Section 809.540 - Right to apply.
Section 809.545 - Administrative review.
Section 809.550 - Application of ORS 809.510 to 809.545.
Section 809.600 - Kinds of offenses and number of convictions.
Section 809.610 - Restriction of driving privileges; notice; meeting.
Section 809.702 - Tampering with vehicle immobilization device; penalty.
Section 809.716 - Hearing on impoundment.
Section 809.720 - Impoundment for specified offenses; grounds; notice; release.
Section 809.725 - Notice following impoundment under city or county ordinance.
Section 809.735 - Preemption of local forfeiture ordinances.
Section 809.740 - Seizure of motor vehicle for forfeiture; driving while suspended or revoked.