Oklahoma § 47-903A - Contest of removal or storage - Hearing - Exemptions

§ 47-903A. Contest of removal or storage - Hearing - Exemptions

A. After the removal or storage of any abandoned or wrecked

vehicle at the request of a public agency, the registered or legal

owner of the vehicle, or their agent, may contest the validity of

the removal or storage, by filing a written request for a hearing

with the public agency. The written request may be filed before or

after the vehicle is retrieved from the storage operator. Provided,

however, the public agency shall not be required to conduct a

hearing if the request is received more than ten (10) days following

actual or constructive notice to the owner or driver of the vehicle

that said vehicle has been so removed or stored. Any such hearing

shall be scheduled within seventy-two (72) hours of the request,

excluding weekends and holidays. The public agency may authorize

its own officer or employee to conduct the hearing, so long as the

hearing officer is not the same person who directed the removal or

storage of the vehicle. The public agency may, with the consent of

the person requesting the hearing, schedule the hearing by telephone

and conduct the hearing on the merits by telephone conference call.

The hearing officer shall apply the law to the evidence and make

a determination whether the vehicle removal and storage was

justified. If deemed unjustified, the public agency shall bear the

cost of hookup and tow mileage, and the operator shall waive all

storage costs in such cases as a condition of eligibility to respond

to a service call request from a public agency. The vehicle owner

or agent shall not be charged any type of fee or costs relating to

impoundment or storage in such case. If the tow and storage is

deemed justified, the owner or agent shall bear the cost of

reasonable tow and storage. In either case, prior to the release of

the vehicle to the owner or agent, proof of security or an affidavit

that the vehicle will not be used on public highways or public

streets, as required pursuant to Section 7-600 et seq. of this

title, shall be furnished to the public agency.

B. Failure of either the registered or legal owner, or their

agent, to timely request or to timely appear upon a scheduled

hearing shall satisfy the hearing requirement of this section.

C. The hearing conducted by the public agency pursuant to this

section shall not be governed by the Administrative Procedures Act,

Section 301 et seq. of Title 75 of the Oklahoma Statutes. The owner

of a stored vehicle may, either in lieu of such hearing or after

such hearing, file a petition in the district court of the county

wherein the vehicle is stored. The district court is vested with

Oklahoma Statutes - Title 47. Motor Vehicles

original jurisdiction to conduct a de novo hearing and determine the

validity of removal and storage.

D. The provisions of this section shall not apply to the

removal of vehicles abated pursuant to Section 954A of this title.

Added by Laws 1986, c. 144, § 8, emerg. eff. April 21, 1986.

Amended by Laws 1987, c. 233, § 5, eff. Nov. 1, 1987. Renumbered

from § 963 by Laws 1987, c. 233, § 6, eff. Nov. 1, 1987. Amended by

Laws 1993, c. 153, § 2, eff. Sept. 1, 1993.