OAR 735-072-0050. Rights to a Hearing or Administrative Review

Hearing and administrative review procedures for suspensions under OAR 735-072-0023 and 735-072-0027 are as established by ORS 809.440(1), (2) and (5). (1) A person whose suspension is based solely on conviction records received from a court is entitled to an administrative review. (2) A person whose suspension is based, in any part, on a report of a preventable accident is entitled to a contested case hearing. (3) It shall be a defense to a suspension under OAR 735-072-0023 and 735-072-0027 if the person can establish that all of the convictions on which the department’s suspension action is based occurred when the person had valid driving privileges issued by another jurisdiction.