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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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