Or. Admin. Code § 735-070-0004

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-070-0004 - Cancellation and Suspension Actions Under ORS 809.310

(1) Pursuant to ORS 809.310(1) and (2) and 807.400(17), DMV will cancel any driver license, driver permit or identification card when DMV determines that it was issued on the basis of false information given to DMV or determines that the person is not entitled to driving privileges or the identification card. The cancellation action may be taken independent of suspension action DMV may take under section (3) of this rule.

(2) When DMV cancels a person's driver license, driver permit or identification card under section (1) of this rule, DMV may cancel any other driver license, driver permit or identification card issued to the person to which the person is not entitled or which was issued on the basis of false information given to DMV.

(3) Pursuant to ORS 809.310(3) and 809.415(5), DMV will suspend driving privileges and the right to apply for driving privileges if DMV determines that a person has knowingly committed any of the acts identified in ORS 809.310(3)(a) through (f). The suspension will be imposed regardless of when the act occurred.

(4) DMV will determine that a person has knowingly committed an act described in ORS 809.310(3) when the person's biometric information submitted by the person matches the biometric information in another department record and DMV has or obtains additional information indicating the person is committing or has committed an offense, such as identity theft, that results in a violation described in ORS 809.310(3)(c)-(f). DMV will not determine that a person knowingly committed an act identified in ORS 809.310(3)(a) or (b) based upon a finding that the biometric information submitted by the person matches the biometric data in another department record.

(5) When DMV suspends a person's driving privileges pursuant to ORS 809.411(8) because the person has been convicted of any of the acts identified in 809.310(3) (a) through (h), or because DMV has determined the person knowingly committed any of the acts identified in 809.310(3)(a) through (f), DMV will suspend any other driving privileges issued to the person and the person's right to apply for driving privileges.

(6) Notwithstanding sections (3) and (5) of this rule, when DMV has determined a person gave a false or fictitious address to DMV, DMV will cancel but not suspend the person's driver license, driver permit or identification card under section (1) of this rule.

(7) Section (4) of this rule applies to driver licenses, driver permits and identification cards that were issued on or after January 1, 2021, and DMV subsequently matches the applicant's biometric data with the biometric data of another individual in DMV records.

Or. Admin. Code § 735-070-0004

MV 8-1989, f. & cert. ef. 2-1-89; MV 18-1993, f. 12-17-93, cert. ef. 1-1-94; DMV 16-1994, f. & cert. ef. 12-20-94; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 11-2011, f. & cert. ef. 11-23-11; DMV 13-2012, f. & cert. ef. 9-20-12; DMV 16-2021, amend filed 09/13/2021, effective 9/13/2021; DMV 22-2021, minor correction filed 11/18/2021, effective 11/18/2021; DMV 4-2023, minor correction filed 02/02/2023, effective 2/2/2023

Statutory/Other Authority: ORS 184.619 & 802.010

Statutes/Other Implemented: ORS 809.310 & 809.320