| (a) Grounds for suspension, revocation, denial, and
probation. Transportation Code, §643.252 provides the grounds
on which the department can suspend, revoke, or deny a certificate
of registration issued under Transportation Code, Chapter 643. Transportation
Code, §643.252 also provides the grounds on which the department
can place on probation a motor carrier whose registration is suspended.
(b) Department of Public Safety enforcement recommendations.
(1) The department may suspend or revoke a certificate
of registration of a motor carrier upon a written request by the Department
of Public Safety, if a motor carrier:
(A) has an unsatisfactory safety rating under 49 C.F.R.,
Part 385; or
(B) has multiple violations of Transportation Code,
Chapter 644, a rule adopted under that chapter, or Transportation
Code, Title 7, Subtitle C.
(2) A request under paragraph (1) of this subsection
must include documentation showing the violation.
(c) Refund.
(1) The department may order a motor carrier that violates
Transportation Code Chapter 643, department rules, or a department
order adopted under Transportation Code Chapter 643 to issue a refund
to a customer who paid the motor carrier to transport household goods.
(2) Under this subsection, a refund is the return of
any percentage of funds paid, or contracted to be paid, to a motor
carrier transporting household goods, whether those funds are documented
as a separate line item or included in the overall amount paid by
a customer.
(A) A refund includes overpayments, fees paid for services
not rendered, and fees paid for charges not listed on the household
mover's tariff after the household mover takes possession of the customer's
property.
(B) A refund does not include any consideration of
damages or harm over the amount paid by the customer.
|
| Source Note: The provisions of this §218.72 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective December 7, 2014, 39 TexReg 9373; amended to be effective December 30, 2020, 45 TexReg 9581; amended to be effective June 1, 2024, 49 TexReg 2753 |
