813.440
Grounds for hearing on validity of suspension; rules. (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 administrative law judge under ORS 183.645.
(f) The inability
of the person’s attorney to appear due to the attorney’s illness, vacation or
scheduling conflict arising from other court or administrative hearing
appearances. A hearing must be rescheduled no later than 45 days after the date
of the original hearing and may not be rescheduled more than once for reasons
described in this paragraph.
(g) Other just
cause as defined by the department by administrative rule.
(2) A hearing
held under this section is subject to the same provisions as a hearing held
under ORS 813.410, except that the department is not required to hold the
hearing and make the determination within the time required by ORS 813.410.
(3) The granting
of a hearing under this section shall not delay the imposition of a suspension
under ORS 813.410 within the time required under ORS 813.410. However, if a
person establishes that the person was deprived by either department error or a
subpoenaed police officer’s illness, vacation or official duty conflicts of an
opportunity to appear at a hearing, the department shall rescind the suspension
and shall promptly schedule a subsequent hearing to determine the validity of
the suspension under ORS 813.410. In other cases under this section, when the
department is unable to hold the hearing within the time required by ORS
813.410, the department shall rescind any suspension imposed under ORS 813.410
only if the department determines, at a hearing held under this section, that
the suspension was not valid as described under ORS 813.410.
(4) The following
apply to this section:
(a) The
department shall issue a final order within 10 days after the hearing described
in this section.
(b) If the
department has rescinded a suspension under subsection (3) of this section and
if the department, at the hearing described in this section, determines that
the suspension is valid as described under ORS 813.410, the department shall
reinstate the suspension effective five days after the final order is issued.
(c)
Notwithstanding ORS 809.430, no additional notice or order of suspension need
be given. [1985 c.16 §169; 1985 c.672 §14; 1987 c.272 §5; 1993 c.600 §2; 1999
c.831 §1; 2001 c.294 §§9,10; 2003 c.75 §68; 2009 c.520 §1]
Notes of Decisions
Svidenko v. Driver & Motor Veh. Servs. Div., 267 P.3d 200 (Or. Ct. App. 2011).
· cites it 9× “There has been no showing of just cause to allow the Department to grant Petitioner a hearing under ORS 813.440.” Regarding “just cause,” the order stated, in total: “Petitioner would be entitled to a hearing under ORS 813.”
Higgins v. Motor Vehs. Div., 911 P.2d 950 (Or. Ct. App. 1996).
· cites it 7× “ORS 813.440 authorizes MVD to schedule a license suspension hearing beyond the 30-day limit of ORS 813.”
Walker v. Driver & Motor Veh. Servs. Div., 295 P.3d 167 (Or. Ct. App. 2013).
· cites it 10× “) The sergeant checked a box on the form that indicated that the reason for Gilderson’s inability to attend the hearing was “officer illness.”
Nash v. DMV, 344 Or. App. 283 (Or. Ct. App. 2025).
· cites it 4× “The DMV determined that petitioner had failed to establish “other just cause” under ORS 813.440 for requesting a hearing after the ten days provided for in ORS 813.”
Carney v. Motor Vehs. Div., 786 P.2d 1319 (Or. Ct. App. 1990).
“ORS 813.440(1). Petitioner does not attack the validity of the rules.”
Blaisdell v. Motor Vehs. Div., 929 P.2d 1073 (Or. Ct. App. 1996).
· cites it 4× “ORS 813.440 requires that a hearing to suspend an individual’s driver’s license be held according to the time limits in ORS 813.”
Johnson v. Driver & Motor Vehs. Servs. Div., 322 P.3d 1157 (Or. Ct. App. 2014).
· cites it 14× “410 unless one of the exceptions in ORS 813.440 applies. 2 Walker v. DMV, 254 Or App 543, 545 , 295 P3d 167 (2013); ORS 813.”
Nash v. DMV, 344 Or. App. 283 (Or. Ct. App. 2025).
· cites it 4× “The DMV determined that petitioner had failed to establish “other just cause” under ORS 813.440 for requesting a hearing after the 10 days provided for in ORS 813.”
Grossman v. Driver & Motor Veh. Servs. Branch, 54 P.3d 629 (Or. Ct. App. 2002).
· cites it 3× “Instead, on February 14, 2000, he filed a second motion with DMV requesting a new hearing “[i]n the interests of justice” and citing ORS 813.440 as authority for DMV to grant him a new hearing.”
— Or. Rev. Stat. § 813.440(1) — 5 cases
Higgins v. Motor Vehs. Div., 911 P.2d 950 (Or. Ct. App. 1996).
“ORS 813.440 authorizes MVD to schedule a license suspension hearing beyond the 30-day limit of ORS 813.”
Carney v. Motor Vehs. Div., 786 P.2d 1319 (Or. Ct. App. 1990).
“ORS 813.440(1). Petitioner does not attack the validity of the rules.”
Walker v. Driver & Motor Veh. Servs. Div., 295 P.3d 167 (Or. Ct. App. 2013).
“) The sergeant checked a box on the form that indicated that the reason for Gilderson’s inability to attend the hearing was “officer illness.”
— Or. Rev. Stat. § 813.440(1)(a) — 1 case
— Or. Rev. Stat. § 813.440(1)(d) — 2 cases
Blaisdell v. Motor Vehs. Div., 929 P.2d 1073 (Or. Ct. App. 1996).
“ORS 813.440 requires that a hearing to suspend an individual’s driver’s license be held according to the time limits in ORS 813.”
— Or. Rev. Stat. § 813.440(1)(f) — 1 case
— Or. Rev. Stat. § 813.440(1)(g) — 2 cases
Nash v. DMV, 344 Or. App. 283 (Or. Ct. App. 2025).
“The DMV determined that petitioner had failed to establish “other just cause” under ORS 813.440 for requesting a hearing after the ten days provided for in ORS 813.”
Nash v. DMV, 344 Or. App. 283 (Or. Ct. App. 2025).
“The DMV determined that petitioner had failed to establish “other just cause” under ORS 813.440 for requesting a hearing after the 10 days provided for in ORS 813.”
— Or. Rev. Stat. § 813.440(2) — 1 case
— Or. Rev. Stat. § 813.440(3) — 2 cases
Higgins v. Motor Vehs. Div., 911 P.2d 950 (Or. Ct. App. 1996).
“ORS 813.440 authorizes MVD to schedule a license suspension hearing beyond the 30-day limit of ORS 813.”
— Or. Rev. Stat. § 813.440(3)(f) — 1 case
— Or. Rev. Stat. § 813.440(4) — 1 case
— Or. Rev. Stat. § 813.440(4)(f) — 1 case
— Or. Rev. Stat. § 813.440(f) — 1 case
Svidenko v. Driver & Motor Veh. Servs. Div., 267 P.3d 200 (Or. Ct. App. 2011).
“There has been no showing of just cause to allow the Department to grant Petitioner a hearing under ORS 813.440.” Regarding “just cause,” the order stated, in total: “Petitioner would be entitled to a hearing under ORS 813.”
— Or. Rev. Stat. § 813.440(g) — 1 case
Svidenko v. Driver & Motor Veh. Servs. Div., 267 P.3d 200 (Or. Ct. App. 2011).
“There has been no showing of just cause to allow the Department to grant Petitioner a hearing under ORS 813.440.” Regarding “just cause,” the order stated, in total: “Petitioner would be entitled to a hearing under ORS 813.”
— Or. Rev. Stat. § 813.440(l) — 1 case
Svidenko v. Driver & Motor Veh. Servs. Div., 267 P.3d 200 (Or. Ct. App. 2011).
“There has been no showing of just cause to allow the Department to grant Petitioner a hearing under ORS 813.440.” Regarding “just cause,” the order stated, in total: “Petitioner would be entitled to a hearing under ORS 813.”
— Or. Rev. Stat. § 813.440(l)(d) — 3 cases
Walker v. Driver & Motor Veh. Servs. Div., 295 P.3d 167 (Or. Ct. App. 2013).
“) The sergeant checked a box on the form that indicated that the reason for Gilderson’s inability to attend the hearing was “officer illness.”
Blaisdell v. Motor Vehs. Div., 929 P.2d 1073 (Or. Ct. App. 1996).
“ORS 813.440 requires that a hearing to suspend an individual’s driver’s license be held according to the time limits in ORS 813.”
— Or. Rev. Stat. § 813.440(l)(g) — 1 case
Svidenko v. Driver & Motor Veh. Servs. Div., 267 P.3d 200 (Or. Ct. App. 2011).
“There has been no showing of just cause to allow the Department to grant Petitioner a hearing under ORS 813.440.” Regarding “just cause,” the order stated, in total: “Petitioner would be entitled to a hearing under ORS 813.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.