OMCLR 3.3
   REQUIREMENTS FOR REQUESTING A HEARING AFTER FAILURE TO RESPOND OR APPEAR


    (A) If a defendant who has failed to appear or respond to a notice of
infraction on not more than one occasion requests that the Court set/reset
his/her case for a hearing, the court clerk shall be authorized to set a date
for such requested hearing and retrieve/recall FTA's from the Department of
Licensing reflecting the failure to respond or appear, if any were sent, on the
following conditions:

    (1) The defendant within 30 days of the date by which a request for hearing
should have been received by the Court, delivers to the Court an envelope
containing his/her request for a hearing, with a postmark indicating that the
envelope was addressed and mailed to the court within the time frame for
requesting a hearing, and with the envelope indicating that it was returned to
the defendant, for whatever reason; or,

    (2) The court within 30 days of the date by which a request for hearing should
have been received by the  defendant's request for a hearing, with the envelope
showing a postmark indicating that the envelope was mailed to the Court within
the time frame for requesting a hearing.

    (B)  In those cases where a defendant has failed to appear or respond through
his/her own neglect, and less than 60 days has elapsed since the court should
have received the request for a hearing or the date of the hearing, the
defendant may request a hearing and such hearing shall be scheduled upon
payment of an administrative fee of $25.00.  If the failure to appear/respond
was reported to the Department of Licensing, the Defendant shall pay the
appropriate failure to appear/respond fee in addition to the administrative fee
to remove the FTA from Department of Licensing records.

    (C) In all other cases, the defendant may file a motion in writing requesting
that said judgment be set aside with a payment of the applicable failure to
respond or appear fee and a $25.00 administrative fee.   Upon receipt of the
written request for hearing and payment of the applicable fees, the clerk of
the court shall set or reset a hearing for the defendant and shall
recall/retrieve FTA's from the Department of Licensing reflecting the failure
to respond/appear, if any was sent.


(Adopted effective September 1, 2011)