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or the director's designee will mail the registrant a notice of withdrawal,
notifying the registrant that the assessment, cancellation, or revocation
is withdrawn, and stating the basis for that action. In the event
matters are not resolved in the registrant's favor, the director or
the director's designee will issue a ruling reaffirming the department's
assessment of additional registration fees or cancellation or revocation
of apportioned license plates and privileges. The registrant has the
right to appeal in accordance with clause (iii) of this subparagraph.
(iii) Appeal. If a conference held in accordance with
clause (ii) of this subparagraph fails to resolve matters in the registrant's
favor, the registrant may request an administrative hearing. The request
must be in writing and must be received by the director no later than
the 20th day following the date of the ruling issued under clause
(ii) of this subparagraph. If requested within the designated period,
the hearing will be initiated by the department and will be conducted
in accordance with Chapter 206, Subchapter D of this title (relating
to Procedures in Contested Cases). Assessment, cancellation, or revocation
is abated unless and until affirmed or disaffirmed by order of the
Board of the Texas Department of Motor Vehicles or its designee.
(K) Reinstatement.
(i) The director or the director's designee will reinstate
apportioned registration to a previously canceled or revoked registrant
if all applicable fees and assessments due on the previously canceled
or revoked apportioned account have been paid and the applicant provides
proof of an acceptable recordkeeping system for a period of no less
than 60 days.
(ii) The application for the following registration
year will be processed in accordance with the provisions of the IRP.
(L) Denial of apportioned registration for safety reasons.
The department will comply with the requirements of the Performance
and Registration Information Systems Management program (PRISM) administered
by the Federal Motor Carrier Safety Administration (FMCSA).
(i) Denial or suspension of apportioned registration.
Upon notification from the FMCSA that a carrier has been placed out
of service for safety violations, the department will:
(I) deny initial issuance of apportioned registration;
(II) deny authorization for a temporary cab card, as
provided for in subparagraph (M) of this paragraph;
(III) deny renewal of apportioned registration; or
(IV) suspend current apportioned registration.
(ii) Issuance after denial of registration or reinstatement
of suspended registration. The director or the director's designee
will reinstate or accept an initial or renewal application for apportioned
registration from a registrant who was suspended or denied registration
under clause (i) of this subparagraph upon presentation of a Certificate
of Compliance from FMCSA, in addition to all other required documentation
and payment of fees.
(M) Temporary cab card.
(i) Application. The department may authorize issuance
of a temporary cab card to a motor carrier with an established Texas
apportioned account for a vehicle upon proper submission of all required
documentation, a completed application, and all fees for either:
(I) Texas title as prescribed by Transportation Code,
Chapter 501 and Subchapter A of this chapter (relating to Motor Vehicle
Titles); or
(II) registration receipt to evidence title for registration
purposes only (Registration Purposes Only) as provided for in Transportation
Code, §501.029 and §217.24 of this title (relating to Vehicle
Last Registered in Another Jurisdiction).
(ii) Title application. A registrant who is applying
for a Texas title as provided for in clause (i)(I) of this subparagraph
and is requesting authorization for a temporary cab card, must submit
to a Regional Service Center a photocopy of the title application
receipt issued by the county tax assessor-collector's office.
(iii) Registration Purposes Only. A registrant who
is applying for Registration Purposes Only under clause (i)(II) of
this subparagraph and is requesting authorization for a temporary
cab card, must submit an application and all additional original documents
or copies of original documents required by the director to a Regional
Service Center.
(iv) Department approval. On department approval of
the submitted documents, the department will send notice to the registrant
to finalize the transaction and make payment of applicable registration
fees.
(v) Finalization and payment of fees. To finalize the
transaction and print the temporary cab card, the registrant may compute
the registration fees through the department's apportioned registration
software application, TxIRP system, and:
(I) make payment of the applicable registration fees
to the department as provided by §209.23 of this title; and
(II) afterwards, mail or deliver payment of the title
application fee in the form of a check, certified cashier's check,
or money order payable to the county tax assessor-collector in the
registrant's county of residency and originals of all copied documents
previously submitted.
(vi) Deadline. The original documents and payment must
be received by the Regional Service Center within 72-hours after the
time that the office notified the registrant of the approval to print
a temporary cab card as provided in clause (iv) of this subparagraph.
(vii) Failure to meet deadline. If the registrant fails
to submit the original documents and required payment within the time
prescribed by clause (vi) of this subparagraph, the registrant's privilege
to use this expedited process to obtain a temporary cab card will
be denied by the department for a period of six months from the date
of approval to print the temporary cab card.
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| Source Note: The provisions of this §217.56 adopted to be effective March 12, 2015, 40 TexReg 1096; amended to be effective December 9, 2015, 40 TexReg 8801; amended to be effective December 4, 2016, 41 TexReg 9335; amended to be effective June 28, 2017, 42 TexReg 3274; amended to be effective January 1, 2019, 43 TexReg 8636; amended to be effective March 3, 2022, 47 TexReg 977 |
