| (a) If the department decides to take an enforcement
action under §218.71 of this title (relating to Administrative
Penalties) or §218.72 of this title (relating to Administrative
Sanctions), the department shall give written notice to the motor
carrier by first class mail to the carrier's address as shown in the
records of the department.
(b) The notice required by subsection (a) of this section
must include:
(1) a brief summary of the alleged violation;
(2) a statement of each sanction and/or penalty;
(3) the effective date of each sanction and/or penalty;
(4) a statement informing the carrier of the carrier's
right to request a hearing;
(5) a statement as to the procedure for requesting
a hearing, including the period during which a request must be made;
and
(6) a statement that the proposed penalties and sanctions
will take effect on the date specified in the letter if the motor
carrier fails to request a hearing.
(c) The motor carrier must submit a written request
for a hearing to the address provided in the notice not later than
the 26th day after the date the notice is mailed.
(d) On receipt of the written request for a hearing
the department will refer the matter to the State Office of Administrative
Hearings. When the hearing is set, the department will give notice
of the time and place of the hearing to the carrier.
(e) If the motor carrier does not make a written request
for a hearing or enter into a settlement agreement before the 27th
day after the date the notice is mailed, the department's decision
becomes final.
(f) Except as provided by Transportation Code, Chapter
643 and this chapter, any proceeding at the State Office of Administrative
Hearings is governed by Government Code, Chapter 2001 and 1 TAC Chapter
155, including the authority to informally dispose of the contested
case by stipulation, agreed settlement, consent order, or default.
(g) The department and the motor carrier may informally
dispose of the enforcement action by entering into a settlement agreement
or agreeing to stipulations at any time before the director issues
a final order. However, the motor carrier must pay any penalty in
full prior to the execution of a settlement agreement.
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| Source Note: The provisions of this §218.73 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective March 12, 2015, 40 TexReg 1104; amended to be effective July 2, 2017, 42 TexReg 3275 |
