(a) The person’s physical incapacity, verified by a physician to the satisfaction of the department to be of a nature that would prevent the person from making the appropriate request or attending the hearing.
(b) A death in the immediate family of the person, verified to the satisfaction of the department.
(c) An error of the department.
(d) The inability of a subpoenaed police officer to appear due to the officer’s illness, vacation or official duty conflicts. The department shall set forth by rule the conditions that constitute "official duty conflicts." A hearing may not be rescheduled more than once for reasons described in this paragraph.
(e) A request for a change of administrative law judge under ORS 183.645.
(f) The inability of the person’s attorney to appear due to the attorney’s illness, vacation or scheduling conflict arising from other court or administrative hearing appearances. A hearing must be rescheduled no later than 45 days after the date of the original hearing and may not be rescheduled more than once for reasons described in this paragraph.
(g) Other just cause as defined by the department by administrative rule.
(2) A hearing held under this section is subject to the same provisions as a hearing held under ORS 813.410, except that the department is not required to hold the hearing and make the determination within the time required by ORS 813.410.
(3) The granting of a hearing under this section shall not delay the imposition of a suspension under ORS 813.410 within the time required under ORS 813.410. However, if a person establishes that the person was deprived by either department error or a subpoenaed police officer’s illness, vacation or official duty conflicts of an opportunity to appear at a hearing, the department shall rescind the suspension and shall promptly schedule a subsequent hearing to determine the validity of the suspension under ORS 813.410. In other cases under this section, when the department is unable to hold the hearing within the time required by ORS 813.410, the department shall rescind any suspension imposed under ORS 813.410 only if the department determines, at a hearing held under this section, that the suspension was not valid as described under ORS 813.410.
(4) The following apply to this section:
(a) The department shall issue a final order within 10 days after the hearing described in this section.
(b) If the department has rescinded a suspension under subsection (3) of this section and if the department, at the hearing described in this section, determines that the suspension is valid as described under ORS 813.410, the department shall reinstate the suspension effective five days after the final order is issued.
(c) Notwithstanding ORS 809.430, no additional notice or order of suspension need be given. [1985 c.16 §169; 1985 c.672 §14; 1987 c.272 §5; 1993 c.600 §2; 1999 c.831 §1; 2001 c.294 §§9,10; 2003 c.75 §68; 2009 c.520 §1]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 813 - Driving Under the Influence of Intoxicants
Section 813.010 - Driving under the influence of intoxicants; penalty.
Section 813.011 - Felony driving under the influence of intoxicants; penalty.
Section 813.012 - Crime classification for purposes of rules of Oregon Criminal Justice Commission.
Section 813.021 - Requirements for screening interview and treatment program.
Section 813.022 - Proof of treatment.
Section 813.023 - Alternative payment methods for screening interview or treatment program.
Section 813.030 - Amount of fee; distribution.
Section 813.055 - Civil penalty for violation of out-of-service order or notice.
Section 813.095 - Offense of refusal to take a test for intoxicants; penalty.
Section 813.110 - Temporary permit upon confiscation of license.
Section 813.120 - Police report to department.
Section 813.130 - Rights of and consequences for person asked to take test.
Section 813.131 - Implied consent to urine test; privacy; laboratories for analysis.
Section 813.132 - Consequences of refusing to take urine test; exception.
Section 813.140 - Chemical test with consent; unconscious person.
Section 813.170 - Plea agreement prohibited.
Section 813.200 - Notice of availability of diversion; petition; form; contents.
Section 813.210 - Petition; filing fee; screening interview fee; service on prosecutor; objection.
Section 813.215 - Eligibility for diversion.
Section 813.222 - Right of victim to be present at hearing.
Section 813.225 - Petition for extension of diversion period; conditions.
Section 813.230 - Diversion agreement; record; duration; effect of denial.
Section 813.233 - Exemption from completing treatment program in this state.
Section 813.240 - Amount and distribution of filing fee; screening interview fee.
Section 813.250 - Motion to dismiss charge on completion of diversion; admissibility of statements.
Section 813.252 - Motion to dismiss charge when minimal fine amount remains.
Section 813.255 - Termination of diversion.
Section 813.260 - Designation of agencies to perform screening interviews; duties of agency.
Section 813.270 - Intoxicated Driver Program Fund; creation; uses.
Section 813.320 - Effect of implied consent law on evidence.
Section 813.324 - Use of testimony from implied consent hearing as evidence in prosecution.
Section 813.326 - Felony driving while under the influence of intoxicants; prior convictions.
Section 813.328 - Notice of intent to challenge validity of prior convictions.
Section 813.400 - Suspension or revocation upon conviction; duration; review.
Section 813.412 - Role of police officer in implied consent hearing.
Section 813.420 - Duration of suspension for refusal or failure of test.
Section 813.430 - Grounds for increase in duration of suspension.
Section 813.440 - Grounds for hearing on validity of suspension; rules.
Section 813.450 - Appeal from suspension for refusal or failure of breath test.
Section 813.470 - Department notation on record of person acquitted after suspension.
Section 813.520 - Limitations on authority to issue hardship permit or reinstate driving privileges.
Section 813.599 - Definitions.
Section 813.600 - Ignition interlock program; rules.
Section 813.602 - Circumstances under which ignition interlock device required; exemptions; rules.
Section 813.603 - Waiver of costs of ignition interlock device; rules.
Section 813.604 - Notice of court order; notation on hardship permit; rules.
Section 813.606 - Exception for employee otherwise required to have device.
Section 813.608 - Knowingly furnishing motor vehicle without ignition interlock device; penalty.
Section 813.610 - Soliciting another to blow into ignition interlock device; penalty.
Section 813.612 - Unlawfully blowing into ignition interlock device; penalty.
Section 813.614 - Tampering with ignition interlock device; penalty.
Section 813.630 - Notice of ignition interlock device installation and negative reports.
Section 813.635 - Consequence for negative reports generated from ignition interlock device; rules.
Section 813.645 - Motion to vacate requirement to install and use ignition interlock device.
Section 813.660 - Service center and manufacturer’s representative certification; fees; rules.
Section 813.665 - Criminal background check for technicians; rules.
Section 813.670 - Complaint process.
Section 813.680 - Ignition Interlock Device Management Fund.