71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 850
 
                         House Bill 2136
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for Department of Transportation)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Modifies provisions that deal with procedures for suspension or
revocation of hardship permit.
  Removes requirement that probationary driver permits be
renewed.
  Removes requirement that certain persons comply with future
responsibility requirements prior to having suspended driving
privileges reinstated.
  Modifies provisions that deal with method of determining length
of certain suspensions of driving privileges.
  Provides that different hearing officer may not be assigned in
implied consent hearing except for good cause.
  Repeals statute requiring hearing for refusal to issue or renew
driver license or permit on basis of reciprocal agreements with
other jurisdictions.
 
                        A BILL FOR AN ACT
Relating to driving privileges; creating new provisions; amending
  ORS 807.240, 807.270, 807.370, 809.410, 809.420 and 813.440 and
  section 11, chapter 849, Oregon Laws 1999; and repealing ORS
  809.350.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 807.240 is amended to read:
  807.240. The Department of Transportation shall provide for
issuance of hardship driver permits in a manner consistent with
this section. A hardship driver permit grants the driving
privileges provided in this section or under the permit. Except
as otherwise provided in this section, a hardship driver permit
is subject to the fees, provisions, conditions, prohibitions and
penalties applicable to a license. The following apply to a
hardship driver permit:
  (1) The department shall only issue a permit to a person whose
driving privileges under the vehicle code have been suspended.
  (2) Except as provided in ORS 813.520, the department may
reinstate the privilege to operate a motor vehicle of any person
whose license to operate a motor vehicle has been suspended by
issuing the person a hardship permit described under this section
if such person qualifies under this section, ORS 807.250, 807.252
and 813.500. However, the department shall not issue a hardship
permit authorizing a person to drive a commercial motor vehicle
if the person's commercial driver license is suspended
independently of a suspension of the person's Class C license.
  (3) To qualify for a hardship permit, a person must do all of
the following in addition to any applicable provisions under ORS
807.250, 807.252 and 813.500:
  (a) The person must submit to the department an application for
the permit that demonstrates the person's need for the permit.
  (b) The person must present satisfactory evidence, as
determined by the department by rule:
  (A) That the person must operate a motor vehicle as a requisite
of the person's occupation or employment;
  (B) That the person must operate a motor vehicle to get to or
from a place of employment;
  (C) That the person must operate a motor vehicle to get to or
from an alcohol treatment or rehabilitation program;
  (D) That the person or a member of the person's immediate
family requires medical treatment on a regular basis and that the
person must operate a motor vehicle in order that the treatment
may be obtained; or
  (E) That the person's driving privileges are suspended for
driving uninsured in violation of ORS 806.010 or for violation of
ORS 165.805 or 471.430 and are not suspended for any other reason
and that the person must operate a motor vehicle in order to
provide necessary services to the person or to a member of the
person's family. The department shall determine by rule what
constitutes necessary services for purposes of this subparagraph.
The rule shall include as necessary services, but need not be
limited to, grocery shopping, driving the person or the person's
children to school, driving to medical appointments and caring
for elderly family members.
  (c) If the person is applying for a permit because the person
or a member of the person's immediate family requires medical
treatment on a regular basis, the person must present, in
addition to any evidence required by the department under
paragraph (b) of this subsection, a statement signed by a
licensed physician that indicates that the person or a member of
the person's immediate family requires medical treatment on a
regular basis.
  (d) The person must show that the person is not incompetent to
drive nor a habitual incompetent, reckless or criminally
negligent driver as established by the person's driving record in
this or any other jurisdiction.
  (e) The person must make a future responsibility filing.
  (f) The person must submit any other information the department
may require for purposes of determining whether the person
qualifies under this section, ORS 807.250, 807.252, 813.500 and
813.520.
  (4) If the department finds that the person meets the
requirements of this section and any applicable requirements
under ORS 807.250, 807.252, 813.500 and 813.520, the department
may issue the person a hardship permit, valid for the duration of
the suspension or for a shorter period of time established by the
department unless sooner suspended or revoked under this section.
If the department issues the permit for a period shorter than the
suspension period, renewal of the permit shall be on such terms
and conditions as the department may require. The permit:
  (a) Shall limit the holder to operation of a motor vehicle only
during specified times.
  (b) May bear other reasonable limitations relating to the
hardship permit or the operation of a motor vehicle that the
department deems proper or necessary. The limitations may include
any limitation, condition or requirement. Violation of a
limitation is punishable as provided by ORS 811.175 or 811.182.
  (5) The department, upon receiving satisfactory evidence of any
violation of the limitations of a permit issued under this
section or limitations placed on a hardship permit under ORS
807.252 or 813.510, may suspend or revoke the hardship permit.
 { - If the evidence of violation consists of notice from a court
as specified in ORS 809.140, the person is entitled to
administrative review of a suspension or revocation under this
subsection. If the department action is based on some other kind
of evidence, a person issued a permit under this section is
entitled to the hearings provided under ORS 809.360 and 809.440
upon suspension or revocation of the hardship permit. - }
  (6) The fee charged for application or issuance of a hardship
driver permit is the hardship driver permit application fee under
ORS 807.370. The fee shall not be refunded if the application is
denied or if the driver permit is suspended or revoked. The fee
upon renewal of the driver permit shall be the same fee as that
charged for renewal of a license. The application fee charged
under this subsection is in addition to any fee charged for
reinstatement of driving privileges under ORS 807.370.
  (7) The department may issue a permit granting the same driving
privileges as those suspended or may issue a permit granting
fewer driving privileges, as the department determines necessary
to assure safe operation of motor vehicles by the permit holder.
  SECTION 2. ORS 807.270 is amended to read:
  807.270. The Department of Transportation shall provide for
issuance of probationary driver permits in a manner consistent
with this section. A probationary driver permit grants the
driving privileges provided in this section or under the permit.
Except as otherwise provided in this section, a probationary
driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to the corresponding class
of license. The following apply to a probationary driver permit:
  (1) The department may issue a probationary driver permit to a
person whose driving privileges have been revoked as a habitual
offender under ORS 809.640.
  (2)  { + The department may issue + } a probationary driver
permit
  { - expires one year after issuance and may be renewed for only
one-year or shorter periods - }  { +  that is valid for the
duration of the revocation period unless the permit is suspended
or revoked + }.
  (3) A probationary driver permit shall only be issued to a
person while that person's driving privileges and right to apply
for driving privileges are otherwise revoked under ORS 809.640
because the person has been determined to be a habitual offender.
  (4) The fee charged for application or issuance of a
probationary driver permit is the probationary driver permit
application fee under ORS 807.370. The fee shall not be refunded
if the application is denied or if the driver permit is suspended
or revoked.   { - The fee upon renewal of the driver permit shall
be the fee charged for renewal of a probationary driver permit
under ORS 807.370. - }  The application fee charged under this
subsection is in addition to any fee charged for reinstatement of
driving privileges under ORS 807.370.
  (5) Before an applicant may be issued a probationary driver
permit, the applicant must meet the following qualifications in
addition to any other qualifications for the permit:
  (a) The applicant must successfully complete a driver
improvement course approved by the department; and
  (b) The applicant must submit a report of a diagnostic
examination conducted by a private physician showing to the
satisfaction of the Assistant Director for Health that the
applicant is physically and mentally competent to operate a motor
vehicle.
  (6) A person who is issued a probationary driver permit must
continually satisfy the conditions of the permit.
  (7) If a person issued a probationary driver permit is
convicted of one offense described in ORS 809.600 (1) or more
than one offense described in ORS 809.600 (2) within any 12-month
period, the permit shall be revoked and no license or permit may
be issued for one year from the date of the revocation.
  (8) The department may establish by rule additional limitations
for a probationary driver permit. The limitations may include any
limitation, condition or requirement. Violation of a limitation
is punishable as provided by ORS 811.175 and 811.182.
   { +  (9) Upon receiving satisfactory evidence of any violation
of the limitations placed on a probationary driver permit under
this section, the department may suspend or revoke the
probationary driver permit. + }
  SECTION 3.  { + The Department of Transportation by rule may
establish procedures whereby a probationary driver permit issued
under ORS 807.270 prior to the effective date of this 2001 Act
may become a non-renewable probationary driver permit valid as
provided in ORS 807.270 as amended by section 2 of this 2001
Act. + }
  SECTION 4. ORS 807.370, as amended by section 2, chapter 91,
Oregon Laws 1999, and section 2, chapter 795, Oregon Laws 1999,
is amended to read:
  807.370. The following are the fees relating to the issuance
and renewal of licenses, driver permits and indorsements:
  (1) Disability golf cart driver permit fees under ORS 807.210,
as follows:
  (a) For issuance, $30.
  (b) For renewal fee under ORS 807.210, $18.
  (2) Emergency driver permit fee under ORS 807.220, $11.
  (3) Instruction driver permit issuance fee under ORS 807.280,
$13.
  (4) License issuance fee for a Class C license, $40.
  (5) License issuance fee for a restricted Class C license, $40.
  (6) License issuance fee for a commercial driver license,
whether or not the license contains indorsements, $50.
  (7) Test fees for a commercial driver license or permit:
  (a) To take the knowledge test for a Class A commercial license
or permit, $3.
  (b) To take the skills test for a Class A commercial license,
$56.
  (c) To take the knowledge test for a Class B commercial license
or permit, $3.
  (d) To take the skills test for a Class B commercial license,
$56.
  (e) To take the knowledge test for a Class C commercial license
or permit, $3.
  (f) To take the skills test for a Class C commercial license,
$56.
  (8) Notwithstanding subsection (6) of this section, for
issuance of a commercial driver license of any class when the
Department of Transportation accepts a certificate of competency
issued under ORS 807.080, $33 in addition to the fee under
subsection (6) of this section.
  (9) For a farm indorsement, $26.
  (10) Test fees for the knowledge test for indorsements other
than motorcycle and farm indorsements:
  (a) For a hazardous materials indorsement, $3.
  (b) For a tank vehicle indorsement, $3.
  (c) For a passenger indorsement, $3.
  (d) For a trailer indorsement, $3.
  (11) Fee to take an airbrake knowledge test, $3.
  (12) Fee to take an airbrake skills test to remove an airbrake
restriction, $56.
  (13) License renewal fee for a commercial driver license, $28.
  (14) License renewal fee for a Class C license, $20.
  (15) License replacement fee under ORS 807.160, $11.
  (16) Motor Vehicle Accident Fund eligibility fee under ORS
807.040 and 807.150, $8.
 
  (17) Original indorsement issuance fee under ORS 807.170 for a
motorcycle indorsement, $46, in addition to any fees for the
indorsed license.
  (18) Permit replacement fee under ORS 807.220, 807.230, 807.280
and 807.290, $12.
  (19) Special student driver permit fee under ORS 807.230, $11.
  (20) Student Driver Training Fund eligibility fee under ORS
807.040 and 807.150, $6.
  (21) Motorcycle Safety Subaccount fee as follows:
  (a) Upon original issuance of motorcycle indorsements under ORS
807.170, $28.
  (b) Upon renewal of a license with a motorcycle indorsement
under ORS 807.170, $28.
  (22) Probationary driver permit application fee under ORS
807.270, $38.
    { - (23) Probationary driver permit renewal fee under ORS
807.270, $10. - }
    { - (24) - }  { +  (23) + } Hardship driver permit
application fee under ORS 807.240, $38.
    { - (25) - }  { +  (24) + } Fee for reinstatement of revoked
driving privileges under ORS 809.390, $53.
    { - (26) - }  { +  (25) + } Fee for reinstatement of
suspended driving privileges under ORS 809.380, $53.
    { - (27) - }  { +  (26) + } Safety Education Fund eligibility
fee under ORS 807.040 and 807.150, 50 cents.
    { - (28) - }  { +  (27) + } Fee for reinstatement of right to
apply for driving privileges after a delay under ORS 809.280 (10)
(1997 Edition), the same as the fee for reinstatement of
suspended driving privileges.
  SECTION 5. ORS 809.410, as amended by section 6, chapter 789,
Oregon Laws 1999, is amended to read:
  809.410. This section and ORS 813.400 and 813.403 establish
grounds for the suspension and revocation of driving privileges
and commercial driver licenses by the Department of
Transportation, whether the suspension or revocation is mandatory
or permissive, the length of time the suspensions will be
effective and special provisions relating to certain suspensions
and revocations. Hearing and administrative review procedures for
this section, ORS 813.400 and 813.403 are established under ORS
809.440. The following apply as described:
  (1) Any degree of murder, manslaughter or criminally negligent
homicide resulting from the operation of a motor vehicle and
assault in the first degree resulting from the operation of a
motor vehicle constitute grounds for revocation of driving
privileges. The following apply to this subsection:
  (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
  (b) A person whose driving privileges or right to apply for
driving privileges are revoked under this subsection may apply
for reinstatement of driving privileges eight years from the date
the person is released from incarceration for the offense, if the
sentence for the offense includes incarceration. If the sentence
does not include incarceration, the person may apply for
reinstatement eight years from the date the department revoked
the privileges or right to apply for privileges under this
subsection.  The department shall not reinstate any driving
privileges to the person until the person complies with future
responsibility filings.
  (c) A person is entitled to administrative review of a
revocation under this subsection.
  (d) The provisions of this subsection do not apply to a person
whose driving privileges are ordered revoked under ORS 809.235.
  (2) Any degree of recklessly endangering another person,
menacing or criminal mischief resulting from the operation of a
 
motor vehicle constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
  (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
  (b) A person is entitled to administrative review of a
suspension under this subsection.
  (c) A suspension under this subsection shall be for a period
described under Schedule I of ORS 809.420, except that the
department shall not reinstate any driving privileges to the
person until the person has complied with future responsibility
filings.
  (3) Perjury or the making of a false affidavit to the
department under any law of this state requiring the registration
of vehicles or regulating their operation on the highways
constitutes grounds for revocation of driving privileges. The
following apply to this subsection:
  (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
  (b) The revocation shall be for a period of one year from the
date of revocation except that the department shall not reinstate
any driving privileges to the person until the person complies
with future responsibility filings.
  (c) A person is entitled to administrative review of a
revocation under this subsection.
  (4) Any felony conviction with proof of a material element
involving the operation of a motor vehicle constitutes grounds
for revocation of driving privileges. The following apply to this
subsection:
  (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
  (b) The revocation shall be for a period of one year from the
date of revocation except that the department shall not reinstate
any driving privileges to the person until the person complies
with future responsibility filings.
  (c) A person is entitled to administrative review of a
revocation under this subsection.
  (5) Failure to perform the duties of a driver to injured
persons under ORS 811.705 constitutes grounds for revocation of
driving privileges. The following apply to this subsection:
  (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
  (b) Except as provided in paragraph (c) of this subsection, the
revocation shall be for a period of one year from the date of
revocation except that the department shall not reinstate any
driving privileges to the person until the person complies with
future responsibility filings.
  (c) If the court indicates on the record of conviction that a
person was killed as a result of the accident, the revocation
shall be for a period of five years. The person may apply for
reinstatement of privileges five years after the date the person
was released from incarceration. If the sentence does not include
incarceration, the person may apply for reinstatement five years
from the date the revocation was imposed under this subsection.
  (d) A person is entitled to administrative review of a
revocation under this subsection.
  (6) Reckless driving constitutes grounds for suspension of
driving privileges. The following apply to this subsection:
  (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
  (b) The suspension shall be for the periods of time described
under Schedule I of ORS 809.420 except that the department shall
not reinstate any driving privileges to the person until the
person complies with future responsibility filings.
  (c) A person is entitled to administrative review of a
suspension under this subsection.
  (7) Failure to perform duties of a driver when property is
damaged under ORS 811.700 constitutes grounds for suspension of
driving privileges. The following apply to this subsection:
  (a) Upon receipt of a record of conviction of an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
  (b) The suspension shall be for the periods of time described
under Schedule I of ORS 809.420 except the department shall not
reinstate any driving privileges to the person until the person
complies with future responsibility filings.
  (c) A person is entitled to administrative review of a
suspension under this subsection.
  (8) Fleeing or attempting to elude a police officer under ORS
811.540 constitutes grounds for suspension of driving privileges.
The following apply to this subsection:
  (a) Upon receipt of a conviction for an offense described in
this subsection, the department shall suspend the driving
privileges or right to apply for driving privileges.
  (b) The suspension shall be for a period described under
Schedule I of ORS 809.420 except the department shall not
reinstate any driving privileges to the person until the person
complies with future responsibility filings.
  (c) A person is entitled to administrative review of a
suspension under this subsection.
  (9) Failure to file accident reports required under ORS 811.725
or 811.730 constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
  (a) The department shall suspend the driving privileges or
right to apply for driving privileges if the person fails to make
the required accident reports.
  (b) The suspension shall continue until the person makes the
required reports   { - and complies with future responsibility
filings - } or for five years from the date of suspension,
whichever is sooner.
  (10) Failure to make future responsibility filing described in
this subsection constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
  (a) The department shall suspend the driving privileges or
right to apply for driving privileges of a person who fails to
comply with future responsibility filings whenever required under
the vehicle code or to provide new proof for future
responsibility filings when requested by the department.
  (b) The suspension shall continue until the person complies
with future responsibility filings.
  (c) A person whose initial obligation to make future
responsibility filings is not based upon a conviction or other
action by a court is entitled to a contested case hearing prior
to a suspension under this subsection. A person whose obligation
to make future responsibility filings is based upon a conviction
or other action by a court is entitled to administrative review
of a suspension under this subsection. A person whose suspension
under this subsection is based on lapses in filing after the
initial filing has been made is entitled to administrative
review.
  (11) Failure to settle judgments as described in this
subsection constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
  (a) The department shall suspend the driving privileges or
right to apply for driving privileges if a person has a judgment
of the type described under ORS 806.040 rendered against the
person and the person does not settle the judgment in the manner
described under ORS 809.470 within 60 days after its entry.
  (b) A suspension under this subsection shall continue until the
person   { - complies with future responsibility filings and - }
does one of the following:
  (A) Settles the judgment in the manner described in ORS
809.470.
  (B) Has an insurer which has been found by the department to be
obligated to pay the judgment provided that there has been no
final adjudication by a court that such insurer has no such
obligation.
  (C) Gives evidence to the department that a period of seven
years has elapsed since the entry of the judgment.
  (D) Receives from the court that rendered the judgment an order
permitting the payment thereof in installments.
  (c) A person is entitled to administrative review of a
suspension under this subsection.
  (12) False certification of financial responsibility
requirements constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
  (a) The department shall suspend the driving privileges or
right to apply for driving privileges if a person falsely
certifies the existence of a motor vehicle liability insurance
policy or the existence of some other means of satisfying
financial responsibility requirements or if a person, after
certifying the existence of a motor vehicle liability insurance
policy or other means of satisfying the requirements, allows the
policy to lapse or be canceled or otherwise fails to remain in
compliance with financial responsibility requirements.
  (b) The department shall only suspend under this subsection if
proof of compliance with financial responsibility requirements as
of the date of the letter of verification from the department
under ORS 806.150 is not submitted within 30 days after the date
of the mailing of the department's demand therefor under ORS
806.160.
  (c) The suspension shall continue until the person complies
with future responsibility filings.
  (13) Failure to take examination upon request of the department
under ORS 807.340 constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
  (a) The department shall suspend the driving privileges or
right to apply for driving privileges of a person if the
department requests the person to submit to examination under ORS
807.340 and the person fails to appear within a reasonable length
of time after being notified to do so or fails to satisfactorily
complete the required examination.
  (b) The suspension shall continue until the examination
required by the department is successfully completed.
  (c) Upon suspension under this subsection, the department may
issue an identification card to the person for identification
purposes as described under ORS 807.400.
  (14) Failure to obtain required medical clearance under ORS
807.070 or 807.090 upon request by the department constitutes
grounds for suspension of driving privileges. The following apply
to this subsection:
  (a) The department shall suspend the driving privileges of the
person if the department requests the person to obtain medical
clearance described by this subsection and the person fails to do
so.
  (b) The suspension under this subsection shall continue until
the required medical clearance is received by the department.
  (15) Causing or contributing to an accident resulting in death
or injury to any other person or serious property damage through
incompetence, recklessness, criminal negligence or unlawful
operation of a motor vehicle constitutes grounds for suspension
of driving privileges. The following apply to this subsection:
  (a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. Any suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440.
  (b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
  (16) Incompetence to drive a motor vehicle because of a mental
or physical condition rendering it unsafe for a person to drive a
motor vehicle upon the highways constitutes grounds for
suspension of driving privileges. The following apply to this
subsection:
  (a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. A suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440 except that a person who has submitted
a certificate of eligibility under ORS 807.090 is entitled only
to administrative review of a suspension.
  (b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
  (17) Habitual incompetence, recklessness or criminal negligence
of a driver of a motor vehicle or committing a serious violation
of the motor vehicle laws of this state constitutes grounds for
suspension of driving privileges. The following apply to this
subsection:
  (a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. Any suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440.
  (b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
  (18) A conviction under ORS 811.700 or 811.705 for failure to
perform the duties of a driver while operating a commercial motor
vehicle or any conviction of a crime punishable as a felony
involving the operation of a commercial motor vehicle constitutes
grounds for commercial driver license suspension. The following
apply to this subsection:
  (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
commercial driver license or right to apply for a commercial
driver license of the person convicted.
  (b) The suspension shall be for a period of time according to
the following:
  (A) If the person's commercial driver license has not
previously been suspended under this subsection, ORS 813.403 or
813.410 (2) and the person was not driving a commercial motor
vehicle containing a hazardous material at the time the offense
was committed, the suspension shall be for a period of one year.
  (B) If the person's commercial driver license has not
previously been suspended under this subsection, ORS 813.403 or
813.410 (2) and the person was driving a commercial motor vehicle
containing a hazardous material at the time the offense was
committed, the suspension shall be for a period of three years.
  (C) If the person's commercial driver license has previously
been suspended under this subsection, ORS 813.403 or 813.410 (2),
the suspension shall be for the lifetime of the person.
 
  (c) A person is entitled to administrative review of a
suspension under this subsection.
  (19) Use of a commercial motor vehicle in the commission of a
crime punishable as a felony involving the manufacturing,
distributing or dispensing of a controlled substance constitutes
grounds for commercial driver license suspension. The following
apply to this subsection:
  (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
commercial driver license or right to apply for a commercial
driver license of the person convicted.
  (b) The suspension shall be for the lifetime of the person.
  (c) A person is entitled to administrative review of a
suspension under this subsection.
  (d) 'Controlled substance' has the meaning given that term in
ORS 475.005 (6).
  (20) Incompetence to operate a motorcycle constitutes grounds
for revocation of a motorcycle indorsement. The following apply
to this subsection:
  (a) Whenever the department has reason to believe an individual
with a motorcycle indorsement under ORS 807.170 comes within the
grounds described in this subsection, the department may revoke
the indorsement.
  (b) Upon revocation under this subsection, the license shall be
surrendered to the department.
  (c) Upon surrender of the indorsed license, the department may
issue a license without indorsement for the unexpired period of
the license.
  (21) The department forthwith shall suspend the driving
privileges of any person for a period of time required by this
subsection if the person is involved in a motor vehicle accident
at any time when the department determines the person has been
operating a vehicle in violation of ORS 806.010. A suspension
under this subsection shall be for a period of one year except
that the department shall not reinstate any driving privileges to
the person until the person complies with future responsibility
filing requirements.
  (22) Upon notification by the superintendent of a hospital
under ORS 807.700 that a person should not drive, the department
shall immediately suspend the driving privileges of the released
person. A suspension under this subsection is subject to
administrative review and shall continue until such time as the
person produces a judicial decree of competency or a certificate
from the superintendent of the hospital that the person is
competent or establishes eligibility under ORS 807.090.
  (23) Upon notification by a court under ORS 810.375 that a
person charged with a traffic offense has been found guilty
except for insanity and committed to the jurisdiction of the
Psychiatric Security Review Board, the department shall
immediately suspend the driving privileges of the person. A
suspension under this subsection is subject to administrative
review and shall continue until such time as the person
establishes eligibility under ORS 807.090.
  (24) The department shall suspend driving privileges when
provided under ORS 809.290. The suspension shall continue until
the earlier of the following:
  (a) The person establishes to the satisfaction of the
department that the person has performed all acts necessary under
ORS 809.290 to make the person not subject to suspension.
  (b) Five years from the date the suspension is imposed.
  (c) A person is entitled to administrative review of a
suspension under this subsection.
  (25) Criminal trespass under ORS 164.245 that involves the
operation of a motor vehicle constitutes grounds for suspension
of driving privileges. The following apply to suspension on
grounds described in this subsection:
  (a) Upon receipt of a conviction for an offense described in
this subsection, the department shall suspend the driving
privileges or right to apply for driving privileges of the person
convicted for a period of six months from the date of suspension.
  (b) A person is entitled to administrative review of a
suspension under this subsection.
  (26) Agreements entered under ORS 802.530 may establish grounds
and procedures for the suspension of driving privileges.
  (27) Violation of restrictions placed on driving privileges
under ORS 807.120   { - or 809.310 - }  constitutes grounds for
suspension of driving privileges. The following apply to this
subsection:
  (a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department receives satisfactory evidence that the person has
violated restrictions placed on the person's driving privileges.
Any suspension under this paragraph shall be subject to a
post-imposition hearing under ORS 809.440.
  (b) A suspension under this subsection shall continue for a
period determined by the department, but in no event for longer
than one year, and shall be subject to any conditions the
department determines necessary.
  (28)(a) The department shall suspend driving privileges as
provided under ORS 809.405.
  (b) The suspension shall continue until the person reaches 18
years of age or until the suspension is terminated as provided in
ORS 809.405.
  (c) A person is entitled to administrative review of a
suspension under this subsection.
  (29) Upon receipt of a record of a person's second conviction
of a serious traffic violation within a three-year period, the
department shall suspend the person's commercial driver license
or right to apply for a commercial driver license if the
convictions arose out of separate incidents. A suspension under
this subsection shall be for a period of 60 days. A person is
entitled to administrative review of a suspension under this
subsection.
  (30) Upon receipt of a record of a person's third or subsequent
conviction of a serious traffic violation within a three-year
period, the department shall suspend the person's commercial
driver license or right to apply for a commercial driver license
if the convictions arose out of separate incidents.  A suspension
under this subsection shall be for a period of 120 days. A person
is entitled to administrative review of a suspension under this
subsection.
  (31)(a) Upon receipt of a record of conviction of an offense
described in ORS 809.310, the department shall, or upon
determination by the department that the person has committed an
act that constitutes such an offense, the department may suspend
any driving privileges, any right to apply for privileges or any
identification card of the person convicted or determined to have
committed the act.
  (b) A suspension under this subsection shall continue for a
period of one year.
  (c) A person is entitled to administrative review of a
suspension under this subsection if the suspension is based upon
a conviction. If the suspension is based upon a determination by
the department, the person is entitled to a hearing as described
in ORS 809.440.
  (32) Except as otherwise provided in subsection (34) of this
section, upon receipt of a first notice indicating that a person
has violated an out-of-service order issued under ORS 813.050 or
has knowingly violated any other out-of-service order or notice,
the department shall suspend the person's commercial driver
license or right to apply for a commercial driver license for a
period of 90 days. For purposes of this subsection, 'notice '
includes, but is not necessarily limited to, a record of
conviction and a record of a determination by a state or federal
agency with jurisdiction to make such determinations that the
person has violated an out-of-service order or notice. A person
is entitled to administrative review of a suspension under this
subsection.
  (33) Except as otherwise provided in subsection (35) of this
section, upon receipt of a second or subsequent notice within a
10-year period indicating that a person has violated an
out-of-service order issued under ORS 813.050 or has knowingly
violated any other out-of-service order or notice, the department
shall suspend the person's commercial driver license or right to
apply for a commercial driver license for a period of three
years.  For purposes of this subsection, 'notice' includes, but
is not necessarily limited to, a record of conviction and a
record of a determination by a state or federal agency with
jurisdiction to make such determinations that the person has
violated an out-of-service order or notice. A person is entitled
to administrative review of a suspension under this subsection.
  (34) Upon receipt of a first notice indicating that a person
has violated an out-of-service order while transporting hazardous
materials required to be placarded, or while operating a motor
vehicle designed to transport 16 or more persons, including the
driver, the department shall suspend the person's commercial
driver license or right to apply for a commercial driver license
for a period of one year. For purposes of this subsection, '
notice' includes, but is not necessarily limited to, a record of
conviction and a record of a determination by a state or federal
agency with jurisdiction to make such determinations that the
person has violated an out-of-service order or notice. A person
is entitled to administrative review of a suspension under this
subsection.
  (35) Upon receipt of a second or subsequent notice within a
10-year period indicating that a person has violated an
out-of-service order, if the person was transporting hazardous
materials required to be placarded, or was operating a motor
vehicle designed to transport 16 or more persons, including the
driver, then regardless of the load or kind of vehicle involved
in the first notice, the department shall suspend the person's
commercial driver license or right to apply for a commercial
driver license for a period of five years. For purposes of this
subsection, 'notice' includes, but is not necessarily limited to,
a record of conviction and a record of a determination by a state
or federal agency with jurisdiction to make such determinations
that the person has violated an out-of-service order or notice. A
person is entitled to administrative review of a suspension under
this subsection.
  (36) Upon receipt of a record of a person's conviction of
reckless endangerment of highway workers under ORS 811.231 (1),
the department shall suspend the person's driving privileges or
right to apply for driving privileges. The suspension shall be
for periods of time described under Schedule I of ORS 809.420
except the department shall not reinstate any driving privileges
to the person until the person complies with future
responsibility filings. A person is entitled to administrative
review of a suspension under this subsection.
  (37) Upon notification by a school superintendent or a school
district board under ORS 339.254, the department shall suspend
the driving privileges of a person or the right to apply for
driving privileges. The suspension shall be for the amount of
time stated in the notice. A person is entitled to administrative
review of a suspension under this subsection.
  (38)(a) Assault in the second, third or fourth degree resulting
from the operation of a motor vehicle constitutes grounds for
suspension of driving privileges. Upon receipt of a record of
conviction for assault in the second, third or fourth degree, the
department shall suspend the driving privileges or right to apply
for driving privileges of the person convicted.
  (b) A person who is convicted of assault in the second degree
and whose driving privileges or right to apply for driving
privileges are suspended under this subsection may apply for
reinstatement of driving privileges eight years from the date the
person is released from incarceration for the conviction, if the
sentence includes incarceration. If the sentence for the
conviction does not include incarceration, the person may apply
for reinstatement of driving privileges eight years from the date
the department suspended the privileges or right to apply for
privileges under this subsection.
  (c) A person who is convicted of assault in the third degree
and whose driving privileges or right to apply for driving
privileges are suspended under this subsection may apply for
reinstatement of driving privileges five years from the date the
person is released from incarceration for the conviction, if the
sentence includes incarceration. If the sentence for the
conviction does not include incarceration, the person may apply
for reinstatement of driving privileges five years from the date
the department suspended the privileges or right to apply for
privileges under this subsection.
  (d) A person who is convicted of assault in the fourth degree
and whose driving privileges or right to apply for driving
privileges are suspended under this subsection may apply for
reinstatement of driving privileges one year from the date the
person is released from incarceration for the conviction, if the
sentence includes incarceration. If the sentence for the
conviction does not include incarceration, the person may apply
for reinstatement of driving privileges or right to apply for
driving privileges one year from the date the department
suspended the privileges or right to apply for privileges under
this subsection.
  (e) The department shall not reinstate any driving privileges
to the person whose privileges are suspended under this
subsection until the person complies with future responsibility
filings.
  (f) A person is entitled to administrative review of a
suspension under this subsection.
  (39) Upon receipt of notification of a court order that a
person's driving privileges or right to apply for driving
privileges be suspended for violation of ORS 167.401, the
department shall suspend the driving privileges or the right to
apply for driving privileges of the person subject to the order
for the time specified in the order. A person is entitled to
administrative review of a suspension under this subsection.
  (40) Withdrawal from school by a person under 18 years of age
constitutes grounds for suspension of driving privileges. Upon
receipt of a notice under ORS 339.257 that a person under 18
years of age has withdrawn from school, the department shall
notify the person that driving privileges will be suspended on
the 30th day following the date of the notice unless the person
presents documentation that complies with ORS 807.066. A
suspension under this subsection shall continue until the person
reaches 18 years of age or until the person presents
documentation that complies with ORS 807.066. Appeals of a
suspension under this subsection shall be as provided by a school
district or private school under a policy adopted in accordance
with ORS 339.257.
  SECTION 6. { +  A person who was required to comply with future
responsibility filing requirements prior to the effective date of
this 2001 Act because of a suspension under ORS 809.410 (9) or
(11) is not required to comply with those requirements on or
after the effective date of this 2001 Act. + }
  SECTION 7. ORS 809.420 is amended to read:
  809.420. This section establishes schedules of suspension or
revocation periods. The schedules are applicable upon conviction
for the offense when made applicable under ORS 809.410 and
813.400. The schedules are as follows:
  (1) Schedule I. The suspension or revocation periods under
Schedule I are as provided in this subsection. The period of
suspension or revocation under this schedule shall be:
  (a) Ninety days for a first offense or for any offense not
described in paragraph (b) or (c) of this subsection.
  (b) One year for a second offense, where the commission of the
second offense and a conviction for a separate offense occur
within a five-year period.  { + This paragraph applies to any
combination of offenses for which the length of suspension is
determined under this subsection. + }
  (c) Three years for a third or subsequent offense where the
commission of the third or subsequent offense and two or more
convictions for separate offenses occur within a five-year
period.   { +  This paragraph applies to any combination of
offenses for which the length of suspension is determined under
this subsection. + }
  (2) Schedule II. The suspension or revocation periods under
Schedule II are as provided in this subsection. The period of
suspension or revocation under this schedule shall be:
  (a) One year for a first offense or for any offense not
described in paragraph (b) or (c) of this subsection.
  (b) Three years for a second offense, where the commission of
the second offense and a conviction for a separate offense occur
within a five-year period.
  (c) Three years for a third or subsequent offense, where the
commission of the third or subsequent offense and a conviction
for a separate offense occur within a five-year period.
  SECTION 8. Section 11, chapter 849, Oregon Laws 1999, is
amended to read:
   { +  Sec. 11. + } (1) After assignment of a hearing officer
from the Hearing Officer Panel to conduct a hearing on behalf of
an agency, the chief hearing officer shall assign a different
hearing officer for the hearing upon receiving a written request
from any party in the contested case or from the agency. The
chief hearing officer may by rule establish time limitations and
procedures for requests under this section.
  (2) Only one request for a change of assignment of hearing
officer under subsection (1) of this section may be granted by
the chief hearing officer without a showing of good cause. If a
party or agency fails to make a request under subsection (1) of
this section within the time allowed, or if a party or agency
objects to a hearing officer assigned after a request for a
different hearing officer has been granted under subsection (1)
of this section, the chief hearing officer shall assign a
different hearing officer only upon a showing of good cause.
   { +  (3) Notwithstanding subsection (1) of this section, a
different hearing officer may not be assigned for a hearing
provided under ORS 813.410 or 813.440 on suspension of driving
privileges, except upon a showing of good cause. + }
  SECTION 9. ORS 813.440 is amended to read:
  813.440. (1) Notwithstanding ORS 813.410, the Department of
Transportation may provide a hearing to determine the validity of
a suspension under ORS 813.410 only if the time requirements
under ORS 813.410 could not be met because of any of the
following:
  (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 hearing officer under
section 11, chapter 849, Oregon Laws 1999. + }
    { - (e) - }   { + (f) + } 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.
  SECTION 10. ORS 813.440, as amended by section 9 of this 2001
Act, is amended to read:
  813.440. (1) Notwithstanding ORS 813.410, the Department of
Transportation may provide a hearing to determine the validity of
a suspension under ORS 813.410 only if the time requirements
under ORS 813.410 could not be met because of any of the
following:
  (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 hearing officer under
section 11, chapter 849, Oregon Laws 1999. - }
    { - (f) - }   { + (e) + } 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.
  SECTION 11.  { + The amendments to ORS 813.440 by section 10 of
this 2001 Act become operative on January 1, 2004. + }
  SECTION 12.  { + ORS 809.350 is repealed. + }
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