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§47-7-505.


§47-7-505.
   
   (a) In order to furnish a means of relief from extreme and unusually
   severe hardship in the application of this chapter, it is hereby
   provided that any owner or operator whose license or registration has
   been suspended by the Department under the provisions of this chapter
   for failure to furnish security or for failure to satisfy a judgment
   may make application for modification of the order of suspension to
   the district court of the county where such owner or operator resides.
   
   The application shall contain the following:
   
   1. The name and address of the applicant.
   
   2. The date and location of the accident, names of any fatality or
   fatalities, names of persons injured, and/or names of persons whose
   real or personal property was damaged in said accident.
   
   3. That applicant has failed to comply with the provisions of the
   Financial Responsibility Act by either failing to post security or to
   satisfy a judgment.
   
   4. The facts creating an unusual or severe hardship impairing the
   ability of the applicant to earn a livelihood.
   
   5. That applicant has initiated action to post proof of financial
   responsibility by a method enumerated in Section 7-320 of this title.
   
   6. A true copy of the order of suspension attached thereto.
   
   7. A verification by the applicant.
   
   (b) The district court shall set the application for hearing not less
   than fifteen (15) days nor more than thirty (30) days from the date of
   filing the application.
   
   (c) A certified copy of the application, bond, order for hearing and
   any other pleadings shall be served upon the Department of Public
   Safety, all judgment creditors and/or persons on whose behalf security
   has been required or by mailing a copy to their last-known address at
   least ten (10) days before said hearing.
   
   (d) Persons required to be notified of the hearing may appear and
   resist the application. At said hearing the court shall take testimony
   concerning the hardship of the applicant, testimony of any interested
   party, and allow the driving and accident record of the applicant to
   be introduced into evidence by the Department of Public Safety. After
   hearing on the application, but not before, if the court finds that
   such suspension has resulted or will result in extreme and unusually
   severe hardship, seriously impairing the ability of the applicant to
   earn a livelihood, the court may modify, but not vacate, the order of
   suspension and the extent to which said applicant must comply with the
   provisions of Articles II and III of this chapter with respect to
   furnishing security or satisfying a judgment. If the court finds the
   order of suspension should be modified, then the court shall require
   that the applicant furnish proof of financial responsibility by a
   method enumerated in Section 7-320 of this title. Such proof shall be
   furnished to the Department of Public Safety. The modification shall
   not become effective until such proof is furnished to the Department
   together with a certified order of the court setting forth the
   modification.
   
   (e) An appeal may be taken by any interested party from the order of
   the district court to the Supreme Court of the State of Oklahoma.
   
   (f) It shall be the duty of the district attorney in the county where
   said application is filed to represent the Department of Public Safety
   in the proceedings under the statute upon request from the Department
   of Public Safety.
   

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