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Administrative Hearing
Overview
This page pertains to hearings resulting from receipt of a notice that states that you have the right to a hearing under Oregon's Administrative Procedures Act.
 
A hearing is an administrative proceeding conducted by an administrative law judge of the Office of Administrative Hearings.

Who is entitled to a hearing?
Many of the actions taken by DMV entitle a person to an administrative hearing. The notice you received from DMV will inform you if you are entitled to such a hearing.
 
Note: If your notice tells you that you are entitled to an administrative review, please see Administrative Reviews.

How do I request a hearing?
Hearings must be requested in writing, and you must include the following:
  • Your full name and date of birth;
  • Business name (if the action involves a business certificate or license, or a vehicle that is titled and/or registered to a business);
  • Your address (or business address if applicable);
  • Telephone number (with area code) where you can be reached between 8:00 AM and 5:00 PM Monday through Friday;
  • Driver license, permit, identification card or customer number (if the action involves your driving privilege or identification card – printed just below your address on the notice you received);
  • Vehicle registration plate or title number (if the action involves a vehicle registration plate or title);
  • If you do not speak English, and will need an interpreter to translate for you at the hearing, please be sure to request an interpreter in your hearing request; and
  • Name, address and telephone number of your attorney (if you will be represented by an attorney during the hearing process).
You have the right to be represented by an attorney at your own expense, or you may represent yourself at the hearing. Legal aid organizations may be able to assist you if you have limited financial resources. Parties are not ordinarily and customarily represented by counsel. In most cases, the Department will not be represented by an attorney at the hearing.
 
Note: Pursuant to Oregon Administrative Rule (OAR) 137-003-0510 and 137-003-0550, if you are an agency, corporation, partnership, limited liability company, trust, government body, or an unincorporated association you must be represented by an attorney licensed in Oregon unless statutes applicable to the contested case specifically provide otherwise.
 
You can fax your request for a hearing (fastest method) to: 
DMV Hearings Case Management Unit at (503) 945-5521
You may call the DMV Hearings Case Management Unit at (503) 945-5545 to confirm receipt of your faxed request.  DMV is not responsible for faxed requests that cannot be read when they are received or that are lost or misdirected during the transmission process.
 
A faxed request that is received after 5:00 PM Monday through Friday, or any time on Saturday, Sunday or any legal holiday, will be considered received on the next business day.

You can also mail or personally deliver your request for a hearing to:
DMV Hearings Case Management Unit
1905 Lana Ave NE
Salem, OR 97314

Note: Hearings cannot be requested via the telephone, internet or e-mail.  Hearing requests received via any of these methods will not be accepted.

How much time do I have to request a hearing?
Your request for a hearing must be postmarked or received at DMV Headquarters in Salem, Oregon within the number of days stated in the notice you received. 

What happens if my request for a hearing is not received in the time allowed?
If your request is not postmarked or received within the time allowed, your right to a hearing is waived, except as provided in OAR 137-003-0528. This OAR states that within 60 calendar days after a default order is entered, DMV can accept a late hearing request if you show that the reason it is late is because of something beyond your reasonable control. If your request for a hearing is not postmarked or received within the time allowed, you must state your reason(s) why it is late.

Related Information
Additional information that may be relevant includes:

 
Page updated: July 30, 2009

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