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(I)A final safety rating constitutes a final agency decision. Any review of such decision is subject to Texas Government Code Chapter 2001. Judicial review is subject to the substantial evidence rule under Texas Government Code, §2001.174. (b)Imminent Hazard. (1)Regardless of whether an Unsatisfactory Safety Rating has become final under subsection (a)(4)(C) of this section, if the Manager of the Motor Carrier Bureau, or his designee, determines that a motor carrier's operations constitute an Imminent Hazard, the Manager or his designee shall issue an Order to Cease all or part of the motor carrier's commercial motor vehicle operations. (2)In making any such order, no restrictions shall be imposed on any employee or employer beyond that required to abate the hazard. (3)Opportunity for review of any such order shall be in the manner described in §4.18 of this title (relating to Intrastate Operating Authority Out-of-Service Review). (4)For purposes of all enforcement the department is authorized to take, any operations in violation of an Imminent Hazard determination will be treated as operating with a final unsatisfactory rating issued under subsection (a)(4)(D)(iii) of this section. (c)Release of Safety Rating Information. (1)The safety rating assigned to a motor carrier will be made available to the public upon request. (2)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 adoption
has been reviewed by legal counsel and found to be a valid exercise
of the agency's legal authority.
Filed with the Office
of
the Secretary of State on July 27, 2007
TRD-200703257 Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 16, 2007
Proposal publication date: June 22, 2007
For further information, please call: (512) 424-2135
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