(1) The person shall deposit or there shall be deposited on his or her behalf the security required under this subchapter; or
(2)
(A) One (1) year shall have elapsed following the date of the suspension, and evidence satisfactory to the Office of Driver Services has been filed with it that during the period no action for damages arising out of the accident resulting in the suspension has been instituted.
(B)
(i) An affidavit of the applicant that no action at law for damages arising out of the accident has been filed against him or her or, if filed, that it is not still pending shall be prima facie evidence of that fact.
(ii) The office may take whatever steps are necessary to verify the statement set forth in any affidavit.
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