PUBLIC RECORD REQUEST FOLLOW UP

Greetings Everyone: A follow up on the public record request.

As you already know, the following public record request was sent to ODOT general counsel Bonnie Heitsch and CC'd  to all 90 Oregon state legislators 11/13/2014.

No surprised or shocked, but so far no response from Bonnie or any of our so called public officials.

Just more validation that these so called public servants just don't give a rat and apparently don't have to show anyone no stinkin badges. As long as they get their pay checks, everything will be honkey dorie as long as they are not bothered by those that they apparently are to represent.

THIS IS A PUBLIC RECORD LAW REQUEST made under ORS 192.420 This is not a request for legal advice.

To Oregon Department of Transportation’s General Counsel, Bonnie Heitsch

Dear Bonnie Heitsch:

Former Mr. Attorney General Dave Frohnmayer informed us by way of his Senate Bill 118 of 1985 that "driver license" means the same as "license". SB 118 has been incorporated in current ORS 801.245 and that section says, "The term "driver license" may be used interchangeably with "license." The long accepted definition of "license" is found in the body of law governing state departments and their divisions, such as your client agency, ODOT and its division, DMV, the Administrative Procedures Act at ORS 183..310(5) "License includes the whole or part of any agency permit, certificate approval, registration or similar form of permission required by law to pursue any commercial activity…

In view of Mr. Frohnmayer’s advice, it is not surprising that there are only three classes of commercial driver licenses listed at ORS 807.1, nor is the finding of the Legislative Assembly at ORS 221.485, "that…vehicles for hire are a vital part of the transportation system within this state that provide necessary services in response to the needs of state residents, tourists and business representatives from outside this state.

Consequently, the safety and reliability of such vehicles and the economic well-being and stability of their owners and operators are matters of public concern. The regulation of such vehicles is an essential government function…"

What is surprising is that your agency client, DMV, advertises a "Non-commercial driver license" in their handout, "Oregon Driver Manual", and have been doing so for many years now. For your convenient reference, the relevant page of that "Manual" is attached with this e-mail.

Request for the Public Record that is the Session Law describing and authorizing the sale of a "Non-commercial driver license" by your client agency DMV.

The Session Law must be complete with the Relating Clause and Bill number formatted on the first page. You may satisfy this Public Record Request by providing the year and chapter number of the requested Session Law above with your signature on the letterhead of your office.

A presumption by DEFAULT will be established if we do not receive the requested Session Law for our inspection within two work weeks, to the effect that such law does not exist, you may state no such law exists by asserting that the Public Record Law does not require a public body to create a record.

This Public Record Law Request was prompted by your client agency’s advice that an attorney should be consulted. If you are not the proper ODOT general counsel to whom this Request should be addressed, please forward appropriately.

Thank you for your public service.

Respectfully, The Committee of Appropriate Enforcement of Motor Vehicle Laws.