| (a) Certification of department investigators. In accordance
with Transportation Code, Chapter 643, the executive director or designee
will designate department employees as certified for the purpose of
entering the premises of a motor carrier to copy or verify documents
the motor carrier is required to maintain according to this chapter.
The executive director or designee shall provide credentials to department
investigators identifying them as department employees and as certified
to conduct investigations and inspect records on behalf of the department.
(b) Investigations and Inspections.
(1) A motor carrier shall grant a department investigator
certified under this section access to the carrier's premises to conduct
inspections or investigations of alleged violations of this chapter
and of Transportation Code, Chapters 643 and 645. The motor carrier
shall provide adequate work space with reasonable working conditions
and allow the department investigators to copy and verify records
and documents the motor carrier is required to maintain according
to this chapter.
(2) The department investigator may conduct inspections
and investigations during normal business hours unless mutual arrangements
have been made otherwise.
(3) The department investigator will present his or
her credentials to the motor carrier prior to conducting an investigation
or inspection.
(c) Access. A motor carrier shall provide access to
requested records and documents at:
(1) the motor carrier's principal place of business;
or
(2) a location agreed to by the department and the
motor carrier.
(d) Designation of meeting time. If the motor carrier's
normal business hours do not provide the access necessary for the
investigator to conduct the investigation and the parties cannot reach
an agreement as to a time to meet to access the records, the department
shall designate the time of the meeting and provide written notice
via the business address, facsimile number, or email address on file
with the department.
|
| Source Note: The provisions of this §218.31 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective March 12, 2015, 40 TexReg 1104; amended to be effective February 1, 2017, 42 TexReg 323 |
