Notice of Proposed Rule
Prior to the adoption, amendment, or repeal of any rule, the Department of State Police shall give notice of the proposed adoption, amendment, or repeal:
(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 15 days prior to the effective date.
(2) By mailing a copy of the Notice to persons on the Department's mailing list established pursuant to ORS 183.335(6).
(3) By mailing a copy of the Notice to the following persons, organizations, or publications:
(a) United Press International and Associated Press;
(b) Oregon Association of Chiefs of Police;
(c) Oregon State Sheriffs' Association;
(d) Oregon Police Officers' Association;
(e) Oregon District Attorneys' Association;
(f) Oregon Circuit Judges' Association;
(g) Oregon District Judges' Association;
(h) Oregon Law Enforcement Council;
(i) Oregon Newspaper Publishers' Association;
(j) American Civil Liberties Union;
(k) Law Enforcement Data System Advisory Board;
(l) Board on Public Safety Standards and Training.
Stat. Auth.: ORS 183
Stats. Implemented: ORS 183.341(4)
Hist.: DSP 3, f. 4-22-76, ef. 4-30-76; DSP 4-1981, f. 12-14-81, ef. 12-15-81
Model Rules of Practice and Procedures
Except as provided in OAR 257-001-0020, 257-001-025 and 257-045-0010 to 257-045-0050 with respect to the rules for impoundment hearings under ORS 806.016 and hearings for vehicles taken into custody and towed under ORS 819.110 or 819.120, the Model Rules of Procedure as promulgated by the Attorney General of the State of Oregon under the Administrative Procedure Act effective January 1, 2010, are adopted as the Rules of Procedure of the Department of State Police and shall be controlling except as otherwise required by statute or rule.
[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Oregon State Police.]
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 181, 181.040, 181.280, 183, 806, 806.014, 806.016 & 814, OL 2009, ch. 371 (HB 2739)
Stats. Implemented: ORS 183.341(4), OL 2009, ch. 371 (HB 2739)
Hist.: DSP 1, f. 4-19-74, ef. 5-11-74; DSP 4, f. 4-22-76, ef. 4-30-76; DSP 4-1979, f. & ef. 12-13-79; DSP 5-1981, f. 12-14-81, ef. 12-15-81; OSP 1-1986, f. & ef. 7-28-86; OSP 2-1994(Temp), f. 6-30-94, cert. ef. 7-1-94; OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94; OSP 1-1998(Temp), f. & cert. ef. 7-24-98 thru 1-1-99; administrative correction 8-5-99; OSP 4-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-29-10; OSP 2-2010, f. 6-1-10, cert. ef. 6-30-10
Requiring Reporting of Precursor Transactions
(1) When contacted by a person that desires to purchase precursor substances, the transferer (seller/supplier) is required to complete Oregon State Police Form 310-1. The completion of this form requires the purchaser/receiver to contact the transferer in person and provide valid, state-issued photo identification. The identification may be in the form of a driver's license or state identification card. Upon completion of OSP Form 310-1, the original must be forwarded to the Oregon State Police Precursor Substance Unit. After receipt of the form, the Precursor Substance Unit will issue that transaction an authorization number and notify the transferer of that number by telephone. The transferer will note on the remaining copies the number, date, and time of receiving the authorization. The 72-hour statutory waiting period prior to delivery of the precursor substance(s) will commence at the time of receipt by the Oregon State Police Precursor Substance Unit of the transferer's notification.
(2) After the appropriate waiting period has elapsed and the receiver contacts the transferer to take possession of the precursor substance(s), the receiver will be provided a copy of OSP Form 310-1 by the Oregon State Police.
(3) The Precursor Substance Monthly Transaction Report, OSP Form 310-2, will be used only upon approval by the Oregon State Police Precursor Substance Unit. Use of this form shall apply only when a patter or regular supply, for lawful purposes, of the precursor substances has been established. The request for its use must be made in writing by the purchaser and shall include the business name, address, intended use of the precursor substances, and location(s) where the precursor substances are to be used.
(4) Any person/business in possession of precursor substances who discovers the loss, theft, or discrepancy of any amount of precursor substances must complete and submit OSP Form 310-3 to the Oregon State Police Precursor Substance Unit within three days. These forms shall be provided by the Oregon State Police upon request.
(5) OSP Forms 310-1, 310-2, and 310-3 are hereby adopted and incorporated into this rule.
[ED. NOTE: The Forms referenced in this rule are not printed in the OAR Compilation. Copies are available from the agency.]
Stat. Auth.: ORS 183
Stats. Implemented: ORS 475.945
Hist.: OSP 2-1987(Temp), f. & ef. 9-28-87; OSP 3-1987, f. 10-14-87, ef. 12-11-87
Notices and Requests for Hearings Under ORS 806.016
(1) A "person entitled to lawful possession" of a vehicle means the owner as defined in ORS 801.375 or a security interest holder. A person not listed as the owner or security interest hold on the records of the Driver and Motor Vehicle Services Branch (DMV) shall have the burden of establishing right possession by clear and convincing evidence.
(2) A person entitled to lawful possession of an impounded vehicle may request a hearing to contest the validity of the impoundment. Such request must be in writing and, within 5 days from the date of the impoundment, be mailed to or received by the agency conducting the hearing. The hearing request must include the person's full name, address, driver's license number, daytime telephone number, the names of and daytime telephone numbers for any other persons (e.g. attorney, witnesses) expected to participate in the hearing, date of the impoundment, the registration number and a description of the vehicle impounded, and a brief statement describing the person's interest in the vehicle (e.g. owner, lessee) and why the person believes the impoundment was impounded. A person who will need an interpreter for the hearing or accommodation for an impairment must also give notice of that in the hearing request.
(3) Notice of the hearing date shall be sent to the person request the hearing as soon as practicable after receipt of the hearing request. The notice shall include or be accompanied by:
(a) The time and date of the hearing;
(b) Notice of the scope of the hearing, which shall be limited to the validity of the impoundment;
(c) The name of the hearing officer assigned;
(d) A copy of the documents then in the hearing officer's file;
(e) A form with instructions on the hearing procedures, and advising persons with impairments of the opportunity to use a telecommunication device line.
(f) Information that the hearing costs may be assessed against the person if the impoundment is held proper.
(4) The hearing officer, upon finding the impoundment to have been proper, may assess the costs of the hearing pursuant to ORS 806.016(4) or may waive, in whole or in part the hearing costs upon finding that the person is indigent. A person claiming indigence shall have the burden of establishing that, and the person's eligibility for food stamps shall be the primary factor to be considered by the hearing officer in determining indigence.
Stat. Auth.: ORS 181, ORS 181.040, 181.280, 183, 809.720, 809.716 & ORS 814
Stats. Implemented: ORS 809.716
Hist.: OSP 2-1994(Temp), f. 6-30-94, cert. ef. 7-1-94; OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94; OSP 1-1998(Temp), f. & cert. ef. 7-24-98 thru 1-1-99; Administrative correction 8-5-99; OSP 4-2000(Temp), f. & cert. ef. 10-9-00 thru 4-6-01; Administrative correction 6-20-01; OSP 4-2002(Temp), f. & cert. ef. 10-25-02 thru 4-22-03; Administrative correction 11-10-03
Rules for Impoundment Hearings Under ORS 809.716
Hearings to determine the validity of the impoundment of vehicles under ORS 806.014 shall be subject to the following procedural rules.
(1) The following of the Attorney General's Model Rules of Procedure adopted under OAR 257-001-0005, and no other, shall apply:
(a) OAR 137-003-0001 Contested Case Notice;
(b) OAR 137-003-0002 Rights of Parties in Contested Cases;
(c) OAR 137-003-0003 Late Filing;
(d) OAR 137-003-0040 Conducting Contested Case Hearing;
(e) OAR 137-003-0045 Telephone Hearings
(f) OAR 137-003-0050 Evidentiary Rules;
(g) OAR 137-003-0055 Ex Parte Communications;
(h) OAR 137-003-0075 Final Orders by Default;
(i) OAR 137-003-0080 Reconsideration and Rehearing-Contested Cases;
(j) OAR 137-003-0090 Stay Request;
(k) OAR 137-003-0091 Intervention in Stay Proceeding;
(l) OAR 137-003-0092 Stay Proceeding and Order.
(2) With reference to model OAR 137-003-0045, all hearings will be conducted by telephone unless the person requesting the hearing:
(a) Includes in the hearing request a request for an in-person hearing;
(b) Provides adequate justification for holding the hearing in-person (EXAMPLE: hearing impairment or other physical disability making telephone hearings impractical); and
(c) Agrees to waive the statutory time limit for the hearing.
(3) Discovery shall be limited to the documents contained in the hearings officer's file. Such documents shall be sent to the person requesting the hearing at the time the notice of the scheduled hearing is sent, or as soon thereafter as possible.
(4) The Department shall enter into an interagency agreement with another state agency which has an established hearings unit, to ensure that hearings under ORS 806.016 are conducted as fairly and efficiently as practicable. Exceptions to hearings' officers proposed orders under ORS 806.016 may be submitted to the Director of the Patrol Division of the Oregon State Police who shall have all authority to issue a final order. Written argument submitted with the exceptions will be considered; no opportunity for oral argument will be allowed.
Stat. Auth.: ORS 181, 181.040, 181.280, 183, 809.720, 809.716 & ORS 814
Stats. Implemented: ORS 809.716
Hist.: OSP 2-1994(Temp), f. 6-30-94, cert. ef. 7-1-94; OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94; OSP 1-1998(Temp), f. & cert. ef. 7-24-98 thru 1-1-99; Administrative correction 8-9-99; OSP 4-2000(Temp), f. & cert. ef. 10-9-00 thru 4-6-01; Administrative correction 6-20-01; OSP 4-2002(Temp), f. & cert. ef. 10-25-02 thru 4-22-03; Administrative correction 11-10-03