SECTION 595:10-7-15. Occupational modifications

(a)   Any person licensed by this state, who otherwise would not be prohibited from driving, may appear for an informal hearing, as specified on the withdrawal order, to discuss having the order modified for extreme and unusual hardship when it is determined there is no other adequate means of transportation, subject to the following factors and except those orders issued under this Subchapter, state statute, or federal law or regulation which are not subject to modification. No modification shall be considered for the operation of a Class A, B, or C commercial motor vehicle. The Department of Public Safety shall not modify a person's order under this Section more than once in any five (5) year period of time. The following factors are considered during the hearing:

(1)   Would modification of the order be consistent with traffic safety?

(2)   Does a real need exist?

(3)   If under eighteen (18) years of age, one or both parents or guardian must be present at the hearing.

(4)   As a condition to having an order modified, the person must agree to, and shall during the period of modification:

(A)   Not violate any state or municipal traffic law or ordinance;

(B)   Abide by all restrictions granted by the modification;

(C)   Take any portion of the driver license examination that may be requested by the Department; provided, the person must complete and pass such examination(s);

(D)   Furnish medical report, if requested by the Department; and

(E)   Complete a driver improvement course, a defensive driving course, or a motor vehicle accident prevention course within a time period specified by the Department, if requested by the Department.

(b)   Any person who is denied an occupational modification under this Section by the Department shall have the right of appeal as provided by 47 O.S. §6-211.

[Source: Amended at 9 Ok Reg 2563, eff 6-26-92; Amended at 17 Ok Reg 3013, eff 7-15-00; Amended at 22 Ok Reg 2690, eff 7-25-05]