74th OREGON LEGISLATIVE ASSEMBLY--2007 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 985
House Bill 2152
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for Attorney General's Underage Drinking Task Force)
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.
Provides that driving privileges of certain minors be suspended
if minor is issued citation for attempting to purchase,
purchasing, acquiring or possessing alcoholic beverages.
Requires that police officers issue notices of intent to
suspend, and confiscate Oregon driver licenses and permits, when
police officers cite certain minors for attempting to purchase,
purchasing, acquiring or possessing alcoholic beverages.
Specifies contents of notices of intent to suspend.
Authorizes issuance of temporary driving permits, hardship
driver permits and emergency driver permits under certain
circumstances.
Establishes procedure for seeking administrative and judicial
review of suspension.
Imposes surcharge on certain fees collected by Department of
Transportation for reinstatement of driving privileges. Provides
that surcharge be in amount determined by department to be
necessary to pay costs of implementing Act.
A BILL FOR AN ACT
Relating to suspension of driving privileges; creating new
provisions; and amending ORS 807.220 and 807.240.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 16 of this 2007 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + Suspension of driving privileges for purchase
or possession of liquor by person under 21; confiscation of
license or permit. (1) Subject to the requirements of sections 2
to 15 of this 2007 Act, the driving privileges of a person shall
be suspended if the person violates ORS 471.430 (1) when the
person is at least 15 years of age but under 21 years of age.
(2) If a police officer issues a citation for violation of ORS
471.430 (1) to a person described in subsection (1) of this
section, the police officer shall give the person a notice of
intent to suspend and immediately confiscate from the person any
driver license or permit issued by this state that grants driving
privileges to the person. The notice shall be in a form prepared
and provided by the Department of Transportation. The notice must
include the information described in section 3 of this 2007 Act.
(3) A police officer shall issue a notice of intent to suspend
under subsection (2) of this section even though the person has a
driver license or permit issued by another state that is not
confiscated by the police officer.
(4) When a police officer issues a notice of intent to suspend
to a person under this section, the police officer shall issue a
temporary driving permit to the person if the person qualifies
for a temporary driving permit under section 4 of this 2007
Act. + }
SECTION 3. { + Notice of intent to suspend; statement of
rights and consequences. (1) A notice of intent to suspend issued
under section 2 of this 2007 Act must contain the address at
which a request for hearing under section 6 (2) of this 2007 Act
may be delivered and such other information as may be required by
the Department of Transportation under subsection (3) of this
section.
(2) A notice of intent to suspend issued under section 2 of
this 2007 Act must contain a statement of rights and consequences
that advises the person issued the notice that:
(a) Purchase or possession of alcoholic beverages by persons
under 21 years of age is illegal in Oregon under the provisions
of ORS 471.430 (1).
(b) The driving privileges of a person are subject to
suspension if the person attempts to purchase, purchases,
acquires or possesses alcoholic beverages when the person is
under 21 years of age.
(c) The person has been issued the notice because the person
has been cited for violating ORS 471.430 (1).
(d) The suspension is scheduled to become effective on the 31st
day after delivery of the notice.
(e) The person has the right to a hearing to challenge the
validity of the suspension before the suspension becomes
effective and that the person must make a written request to the
Department of Transportation for a hearing.
(f) A request for a hearing must be received by the department
at the address specified on the notice not later than 10 days
after the date the citation is issued.
(g) The hearing will be held before the suspension becomes
effective.
(h) The driving privileges of the person will not be suspended
if the person prevails at the hearing.
(i) If the person does not prevail at the hearing, the
suspension will be for a period of 90 days if it is the person's
first suspension under sections 2 to 15 of this 2007 Act and for
a period of one year if the person has been suspended under
sections 2 to 15 of this 2007 Act one or more times in the past.
(j) The person may be eligible for a hardship driver permit
during the suspension period, but in no event will the person be
eligible for a hardship driver permit sooner than 30 days after
the suspension period begins.
(k) The person may be eligible for an emergency driver permit
during the suspension period.
(L) The person is not eligible for a hardship driver permit or
emergency driver permit if the person has been suspended three or
more times under sections 2 to 15 of this 2007 Act.
(m) Oregon law requires that police officers issuing a notice
must confiscate the Oregon driver license or permit of the person
violating the law.
(n) The police officer will issue a temporary driving permit to
the person if the person currently has driving privileges under
Oregon law.
(o) A temporary driving permit issued by the police officer is
valid for 30 days.
(3) The department may prescribe a form for notices of intent
to suspend issued under section 2 of this 2007 Act and may
include in the form all information that the department finds
necessary. + }
SECTION 4. { + Temporary driving permit. (1) A police officer
shall issue a temporary driving permit to a person who has
received a notice of intent to suspend under section 2 of this
2007 Act unless:
(a) The person has not been issued an Oregon driver license or
permit;
(b) The person has been issued an Oregon driver license or
permit, but the license or permit is not in the possession of the
person at the time the notice is issued;
(c) The driving privileges of the person are suspended, revoked
or canceled, or the person is not entitled to driving privileges
for any other reason, at the time the notice is issued; or
(d) The person has been issued a driver license or permit by
another state or jurisdiction.
(2) Subject to the requirements of sections 2 to 15 of this
2007 Act, the Department of Transportation shall establish the
form and content of the temporary driving permits issued under
this section and provide law enforcement agencies with copies of
those forms. All temporary driving permits issued by police
officers are issued on behalf of the department.
(3) A fee may not be charged for issuing a temporary driving
permit under this section. A temporary driving permit is valid
for 30 days after the date of issuance of the citation and grants
the same driving privileges as those granted by the driver
license or permit previously issued to the person. + }
SECTION 5. { + Report to department. (1) Within such time as
may be established by rule of the Department of Transportation, a
police officer who issues a notice of intent to suspend under
section 2 of this 2007 Act shall deliver to the department:
(a) Any driver license or permit confiscated by the police
officer;
(b) A copy of the notice issued by the police officer; and
(c) A report containing the information described in subsection
(2) of this section.
(2) A police officer who issues a notice of intent to suspend
under section 2 of this 2007 Act shall deliver to the department
a report that indicates:
(a) That the police officer had reasonable grounds to believe
that the cited person attempted to purchase, purchased, acquired
or was in personal possession of alcoholic beverages;
(b) That the police officer cited the person for violation of
ORS 471.430 (1);
(c) The date the person was issued a citation for violation of
ORS 471.430 (1);
(d) That the police officer gave the cited person a notice of
intent to suspend; and
(e) Such other information as may be required by the
department.
(3) The department may require that police officers use one or
more forms specified by the department for the report required by
subsection (2) of this section. + }
SECTION 6. { + Suspension upon receipt of police report;
request for hearing. (1) Upon receiving a report that complies
with section 5 of this 2007 Act, the Department of Transportation
shall suspend the driving privileges of the cited person on the
31st day after the date the citation was issued unless the
department determines after a hearing that one or more of the
requirements for suspension of driving privileges under sections
2 to 15 of this 2007 Act have not been met. Notwithstanding ORS
809.430, the department is not required to give any notice of
intent to suspend in addition to that provided under section 2 of
this 2007 Act.
(2) A person who has received a notice of intent to suspend
under section 2 of this 2007 Act may request a hearing to
determine whether all of the requirements for suspension of
driving privileges under sections 2 to 15 of this 2007 Act have
been met. The request must be in writing and must be received by
the department not later than 10 days after the date the citation
was issued. If the department receives a request for hearing
within the time allowed, the department shall provide a hearing
as provided in section 7 of this 2007 Act. + }
SECTION 7. { + Hearing. (1) Except as otherwise provided under
this section, a hearing on a notice of intent to suspend issued
under section 2 of this 2007 Act shall be conducted as a
contested case hearing under ORS chapter 183. The hearing shall
be conducted by an administrative law judge assigned from the
Office of Administrative Hearings established under ORS 183.605.
(2) Unless otherwise agreed to by the cited person and the
Department of Transportation, a hearing under this section shall
be held in a place designated by the department that is either in
the county where the alleged offense occurred or that is not more
than 100 miles from the place where the offense is alleged to
have occurred.
(3) The department may authorize the administrative law judge
to issue a final order in any hearing under this section.
(4) A person who requests a hearing under this section and who
fails without just cause to appear at the hearing in person or
through an attorney waives the right to a hearing.
Notwithstanding ORS 183.415 (6), the department is not required
to make any showing at a hearing if a person waives the right to
a hearing under this subsection.
(5) Except as provided in section 8 of this 2007 Act, the
department shall hold the hearing and issue a final order within
30 days after the date the citation is issued.
(6) The department or its authorized representative may
administer oaths and shall issue subpoenas for the attendance of
witnesses and production of documents at the hearing as may be
requested by the cited person or the department.
(7) Testimony and exhibits may be introduced at a hearing under
this section. Testimony shall be recorded by a means designated
by the department. The record of the proceedings may not be
transcribed unless requested by the department or by the cited
person. + }
SECTION 8. { + Waiver of failure to request or appear at
hearing; delayed hearings and orders. (1) Notwithstanding
sections 6 and 7 of this 2007 Act, the Department of
Transportation may waive the failure of a person to request a
hearing within the time allowed or the failure of a person to
appear at a hearing under section 7 of this 2007 Act, if:
(a) The person was unable to request a hearing or appear at the
hearing because of physical incapacity that is verified by a
physician to the satisfaction of the department to be of a nature
that would prevent the person from making the request or
attending the hearing.
(b) The person was unable to request a hearing or appear at the
hearing because of a death in the immediate family of the person,
verified to the satisfaction of the department.
(c) The person did not request a hearing or appear at the
hearing because of an error of the department.
(d) The department finds other just cause, as established by
rules of the department.
(2) The department may hold a hearing and issue a final order
later than the times specified in section 7 of this 2007 Act if:
(a) The department has waived the failure of a person to
request a hearing within the time allowed or the failure of a
person to appear at a hearing under subsection (1) of this
section;
(b) The person requesting the hearing requests a change of
administrative law judge under ORS 183.645;
(c) The police officer who issued the notice of intent to
suspend, or any other police officer who has been subpoenaed to
appear at the hearing, is unable to appear at the hearing due to
the officer's illness, vacation or official duty conflicts; or
(d) The department finds other just cause, as established by
rules of the department.
(3)(a) Notwithstanding ORS 809.430, the department is not
required to give any additional notice of intent to suspend if a
delayed hearing is held, or delayed final order is issued,
pursuant to subsection (2) of this section. If a delayed hearing
is held pursuant to subsection (2) of this section, the
department shall issue a final order within 10 days after the
hearing is held.
(b) The department by rule shall establish conditions that
constitute official duty conflicts for the purposes of subsection
(2)(c) of this section. A hearing may not be rescheduled more
than once under subsection (2)(c) of this section.
(4)(a) Except as provided in paragraph (b) of this subsection,
the department shall suspend the driving privileges of a person
on the date specified in section 6 of this 2007 Act even though a
delayed hearing is held, or delayed final order is issued,
pursuant to this section.
(b) The department may not suspend the driving privileges of a
person on the date specified in section 6 of this 2007 Act if:
(A) A delayed hearing is held pursuant to subsection (2)(a) of
this section because the person failed to request a hearing or
appear at a hearing due to an error of the department; or
(B) A delayed hearing is held pursuant to subsection (2)(c) of
this section.
(5) If the department delays suspension of a person's driving
privileges under subsection (4)(b) of this section, and after the
delayed hearing is conducted the administrative law judge
determines that the requirements for a suspension of driving
privileges specified in section 9 of this 2007 Act have been met,
the department shall suspend the driving privileges of the person
five days after the final order is issued. + }
SECTION 9. { + Matters considered at hearing. (1) A hearing
under section 7 of this 2007 Act is limited to determining
whether the suspension is valid. A suspension under sections 2 to
15 of this 2007 Act is valid if:
(a) The person to be suspended violated ORS 471.430 (1).
(b) A police officer issued a citation for violation of ORS
471.430 (1) to the person to be suspended.
(c) The person to be suspended, at the time of the citation,
was at least 15 years of age but under 21 years of age.
(d) The person to be suspended was given a notice of intent to
suspend as required by section 2 of this 2007 Act.
(2) This section shall be narrowly construed so as to effect
the legislative purpose of limiting the scope of hearings under
sections 2 to 15 of this 2007 Act. + }
SECTION 10. { + Role of police officer in hearing.
Notwithstanding ORS 9.160 and 9.320, in any hearing under section
7 of this 2007 Act in which a city attorney or district attorney
does not appear, the police officer who made the report required
by section 5 of this 2007 Act may present evidence, examine and
cross-examine witnesses and make arguments relating to:
(1) The application of statutes and rules to the facts in the
case;
(2) The literal meaning of the statutes or rules at issue in
the case;
(3) The admissibility of evidence; and
(4) Proper procedures to be used in the hearing. + }
SECTION 11. { + Judicial review of order after hearing. (1) If
a hearing has been conducted under section 7 of this 2007 Act and
the administrative law judge has determined that the requirements
for a suspension of driving privileges specified in section 9 of
this 2007 Act have been met, the person requesting the hearing
may seek judicial review of the final order in the proceeding in
the manner provided by this section.
(2) A person seeking judicial review of a final order under
this section must file a petition in the circuit court for the
county where the person resides or, if the person does not reside
in Oregon, in the circuit court of the county in which the
violation occurred. The petition must be filed not more than 30
days after issuance of the final order in the proceeding.
(3) Upon the filing of a petition under this section, the court
shall set the matter for hearing and give notice to the
Department of Transportation and the petitioner of the date and
place of the hearing. The hearing shall be set not earlier than
10 days after the notice is sent to the department and the
petitioner, unless the hearing is waived by the department and
the petitioner.
(4) A suspension of driving privileges imposed under sections 2
to 15 of this 2007 Act remains in effect pending any appeal or
remand of a final order, and the suspension may not be stayed
pending appeal or decision on remand. + }
SECTION 12. { + Procedure for judicial review. (1) The
petition to the circuit court appealing an order of the
Department of Transportation filed under section 11 of this 2007
Act must state the ground or grounds upon which the petitioner
contends the order should be reversed or remanded.
(2) The court shall conduct the review without a jury. Review
shall be limited to the record of the department's hearing.
(3) The petitioner or the department may appeal from the
judgment of the court to the Court of Appeals.
(4) Upon review in the circuit court and Court of Appeals, the
court may affirm, reverse or remand the order as follows:
(a) If the court finds that the department has erroneously
interpreted a provision of law and that a correct interpretation
compels a particular action, the court shall:
(A) Set aside or modify the order; or
(B) Remand the case to the department for further action under
a correct interpretation of the provision of law.
(b) The court shall remand the order to the department if the
court finds the department's exercise of discretion to be:
(A) Outside the range of discretion delegated to the department
by law;
(B) Inconsistent with a department rule, an officially stated
department position or a prior department practice, if the
inconsistency is not explained by the department; or
(C) Otherwise in violation of a constitutional or statutory
provision.
(c) The court shall set aside or remand the order if the court
finds that the order is not supported by substantial evidence in
the record.
(5) Upon review, the court shall affirm the department's order
unless the court finds a ground for setting aside, modifying or
remanding to the department under a specified provision of this
section.
(6) In any review under this section, the court shall also
review de novo determinations made by the department that are
subject to ORS 183.650 (4). + }
SECTION 13. { + Duration of suspension; eligibility for
hardship or emergency driver permit. (1) A suspension of driving
privileges under sections 2 to 15 of this 2007 Act is for a
period of:
(a) 90 days for the first suspension under sections 2 to 15 of
this 2007 Act.
(b) One year for a second or subsequent suspension under
sections 2 to 15 of this 2007 Act.
(2) Except as provided in subsection (4) of this section, a
person is eligible for a hardship driver permit under ORS 807.240
if the person's driving privileges are suspended under sections 2
to 15 of this 2007 Act. A hardship driver permit may not be
issued to a person who is eligible for an emergency driver permit
under ORS 807.220 (4). A hardship driver permit may be issued
under this subsection:
(a) Not earlier than 30 days after the suspension period begins
if the person is being suspended for the first time under the
provisions of sections 2 to 15 of this 2007 Act.
(b) Not earlier than 90 days after the suspension period begins
if the person is being suspended for the second time under the
provisions of sections 2 to 15 of this 2007 Act.
(3) Except as provided in subsection (4) of this section, a
person under 18 years of age may be eligible for an emergency
driver permit under ORS 807.220 (4) if the person's driving
privileges are suspended under sections 2 to 15 of this 2007 Act.
(4) A hardship driver permit under ORS 807.240 or emergency
driver permit under ORS 807.220 (4) may not be issued to a person
whose driving privileges have been suspended three or more times
under sections 2 to 15 of this 2007 Act. + }
SECTION 14. { + Erroneous suspensions by reason of false
identification. (1) If the Department of Transportation
determines that the department has erroneously suspended the
driving privileges of a person under sections 2 to 15 of this
2007 Act because the person cited for violation of ORS 471.430
(1) gave false identification to the police officer issuing the
notice of intent to suspend:
(a) The department shall immediately restore the driving
privileges of the person erroneously suspended; and
(b) The department shall immediately suspend the driving
privileges of the person who gave the false identification, if
known.
(2) If the department suspends the driving privileges of a
person under this section, notice of the suspension need only be
given to the person in the manner provided by ORS 809.430. A
person receiving notice under this subsection may request a
hearing no later than 10 days after the notice is received. The
department is not required to conduct a hearing or issue a final
order within the times specified in section 7 of this 2007 Act
for a suspension under this section. + }
SECTION 15. { + Rescission of suspension. The Department of
Transportation shall immediately rescind a suspension of driving
privileges under section 2 to 15 of this 2007 Act if the person
is found by a court to be not guilty of violating ORS 471.430 (1)
on the date specified in the citation. The department shall
rescind the suspension when the department receives notice from
the court of the court's judgment, or when the person presents
the department with a certified copy of the judgment of the court
clearly showing the person has been found to be not guilty of
violating ORS 471.430 (1) on the date specified in the
citation. + }
SECTION 16. { + Surcharge on fees for reinstatement of driving
privileges. The Department of Transportation by rule may impose a
surcharge on the fees provided in ORS 807.370 (23) and (24). The
surcharge shall be collected whenever a fee under ORS 807.370
(23) or (24) is collected. The surcharge shall be in an amount
determined by the department to be necessary to pay the
department's costs of implementing sections 2 to 15 of this 2007
Act. + }
SECTION 17. { + (1) Sections 1 to 16 of this 2007 Act become
operative July 1, 2008.
(2) Notwithstanding subsection (1) of this section, prior to
July 1, 2008, the Department of Transportation may adopt rules
and take all other measures determined by the department to be
necessary for implementation of sections 1 to 16 of this 2007 Act
on July 1, 2008.
(3) The surcharge on fees collected under ORS 807.370 (23) and
(24) imposed by section 16 of this 2007 Act is first applicable
to fees collected on or after July 1, 2008. + }
SECTION 18. ORS 807.220 is amended to read:
807.220. (1) The Department of Transportation shall provide for
the issuance of emergency driver permits in a manner consistent
with this section.
(2) Except as otherwise provided in this section an emergency
driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to a Class C license.
(3) The following apply to an emergency driver permit:
(a) The department may issue an emergency driver permit to a
person 14 years of age or older.
(b) The department shall place restrictions on the permit that
designate the routes over which the permit is valid. The
department shall designate routes it determines necessary from
the facts creating the emergency.
(c) The permit shall only be issued if the department is
satisfied that an emergency exists that requires operation of a
motor vehicle by the applicant.
(d) The department may establish a form for the permit that
differs from the form required for a license.
(e) The only fee required for issuance of the permit is the
emergency driver permit fee under ORS 807.370.
(f) The department may establish a period for the expiration of
the permit that coincides with the end of the emergency that is
the basis for the permit.
(g) The department shall cancel the permit if the department
determines that the holder of the permit has operated a motor
vehicle over any highway or for any purpose other than one
approved under the permit.
(h) If an emergency driver permit is canceled, the person
issued the permit is ineligible to be issued another emergency
driver permit for a period of one year.
(i) In addition to any other application requirements for the
emergency driver permit, the applicant must obtain the
endorsement on the application of the sheriff of the county in
which the applicant resides.
(4) The department may issue an emergency driver permit, if the
person qualifies for the permit, to a person { + who is under 18
years of age and + } whose driving privileges are suspended under
{ + ORS 471.430 (5), under sections 2 to 15 of this 2007 Act, or
under + }ORS 809.280 because the department has received an
order of denial of driving privileges under ORS 809.260. In
addition to other emergencies, a situation that leaves the
applicant with no alternative means to travel to and from school
is an emergency for purposes of a permit issued under this
subsection.
SECTION 19. 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 may 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 may not issue a hardship
permit authorizing a person to drive a commercial motor vehicle.
(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 seek
employment or 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 or drug 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
under ORS 809.280 because the department received an order of
denial of driving privileges under ORS 809.260, are + } suspended
for driving uninsured in violation of ORS 806.010 or { + are
suspended + } for violation of ORS 165.805 or 471.430 { + , + }
and { + the person's driving privileges + } 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 or certified nurse practitioner 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.
(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 department may not refund the fee if the
application is denied or if the driver permit is suspended or
revoked. The fee upon renewal of the driver permit is 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.
{ + (8) A hardship driver permit may not be issued under this
section to a person who is eligible for an emergency driver
permit under ORS 807.220 (4). + }
SECTION 20. { + The section captions used in this 2007 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2007 Act. + }
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