Okla. Stat. tit. 47, § 47-903A
This is the official text of Okla. Stat. tit. 47, § 47-903A, part of Oklahoma’s Stat. tit. 47, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 47,." Browse the sections below, each linked to its official government source.
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Contest of removal or storage - Hearing - Exemptions
Official statutory text
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 Page 992
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.
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 Page 992
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.
Status: in_force · Read it on the official government site
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