(iii)The motor carrier must make a request for an departmental [administrative] review within 90 calendar days of either the proposed or final safety rating issued in accordance with this subsection, or within 90 calendar days after denial of a request for a change in a safety rating in accordance with paragraph [subsection (a)](4)(G) of this section. (iv)The department may ask the motor carrier to submit additional data and attend a conference in Austin, Texas to discuss the safety rating. If the motor carrier does not provide the information requested or does not attend the conference, the department may dismiss its request for review. The review will be conducted by the director's designee(s). (v)The department will notify the motor carrier in writing of its decision following the departmental review. The department will complete the review [(1)] within 30 calendar days after receiving a request from a hazardous materials or passenger motor carrier that has received a proposed or final "unsatisfactory" or "conditional" safety rating; or [ (2)] within 45 calendar days after receiving a request from any other motor carrier that has received a proposed or final "unsatisfactory" or "conditional" safety rating. (vi)The decision constitutes a final agency decision. Any review of such decision is subject to Texas Government Code Chapter 2001. (I)The safety rating assigned to a motor carrier will be made available to the public upon request. (J)Requests should be addressed to the Texas Department of Public Safety, Motor Carrier Bureau, Box 4087, Austin, Texas 78773-0521. All requests for disclosure of safety rating must be made in writing and will be processed under the Texas Public Information Act.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within
the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on October 20, 2004
TRD-200406346 Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: December 5, 2004
For further information, please call: (512) 424-2135
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