(1) A person whose driving privileges or right to apply for driving privileges or whose identification card or right to apply for an identification card has been suspended for one of the reasons specified in subsection (2) of this section may request that the person’s driving privileges or right to apply for driving privileges or identification card or right to apply for an identification card be reinstated after the Department of Transportation determines the criteria are met under subsection (4) of this section.

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(2) This section applies to suspensions imposed under:

(a) ORS § 809.310 (3)(a);

(b) ORS § 809.310 (3)(b); and

(c) ORS § 809.415 (5) for committing an act that constitutes an offense described in ORS § 809.310 (3)(a) or (b).

(3) To make a request under subsection (1) of this section, the person must provide sufficient proof for the department to make the determinations required in subsection (4) of this section. The department shall provide an administrative review to determine if the person’s driving privileges or right to apply for driving privileges or identification card or right to apply for an identification card should be reinstated and may reinstate the person’s suspended driving privileges or right to apply for driving privileges or identification card or right to apply for an identification card only as provided in subsection (4) of this section.

(4) The granting of an administrative review under this section does not stay the suspension. However, the department shall reinstate the person’s driving privileges or right to apply for driving privileges or identification card or right to apply for an identification card if under objective criteria adopted by the department by rule, the department determines the suspension resulted from:

(a) An act described in ORS § 809.310 (3)(a) or (b) committed by the person when the person was under 21 years of age; and

(b) The person committed the act solely for the purpose of:

(A) Attempting to purchase, purchasing, consuming or acquiring alcoholic beverages as described in ORS § 471.430; or

(B) Unlawfully entering or attempting to enter any portion of a licensed premises that is posted or otherwise identified as being prohibited to the use of minors, as described in ORS § 471.430.

(5) The administrative review required under this section shall be conducted in the manner provided in ORS § 809.440 (2).

(6) To reinstate driving privileges or the right to apply for driving privileges after the department determines that the person meets the objective criteria under subsection (4) of this section, the person shall pay the fee for reinstatement of driving privileges as described in ORS § 807.370 (10).

(7) To reinstate an identification card or the right to apply for an identification card after the department determines that the person meets the objective criteria under subsection (4) of this section, the person shall pay the fee for reinstatement of an identification card as described in ORS § 807.410.

(8) The department’s authority to reinstate a suspension of a person’s driving privileges or right to apply for driving privileges under this section does not impinge on a court’s authority to impose a suspension under ORS § 165.805 or 471.430. [2012 c.14 § 2; 2013 c.237 § 46; 2018 c.114 § 6; 2019 c.15 § 2]