(H)[Departmental Review of Safety Rating.]
A motor carrier may request the department to conduct a departmental
review if it believes the department has committed an error in assigning
its proposed safety rating in accordance with Title 49, Code of Federal
Regulations, §385.15(c) [Part 385.15(c)],
Texas Transportation Code, Chapter 644, or 37 TAC[,]
Chapter 4 or its final safety rating in accordance with Title 49,
Code of Federal Regulations, §385.11(b) [Part
385.11(b)], Texas Transportation Code, Chapter 644,
or 37 TAC[,] Chapter 4.
(i)The motor carrier's request must explain the error
it believes the department committed in issuing the safety rating.
The motor carrier must include a list of all factual and procedural
issues in dispute, and any information or documents that support its
argument.
(ii)If a motor carrier has received a notice of a
proposed conditional or unsatisfactory safety rating, it should submit
its request within 15 business days from the date of the notice. This
time frame will allow the department to issue a written decision before
the safety rating becomes final and any prohibitions outlined in paragraph
(4)(C) of this subsection take effect. Failure to request within this
15 business day period may prevent the department from issuing a final
decision before such prohibitions take effect.
(iii)The motor carrier must make a request for a departmental
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 (4)(G) of this subsection.
(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 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 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.
(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 [Unsatisfactory Safety Rating] has become
final under subsection (a)(4)(C) of this section, if the manager [
Manager] of the Motor Carrier Bureau, or their [his
] designee, determines that a motor carrier's operations constitute
an imminent hazard [Imminent Hazard], the manager
[Manager] or their [his] designee
shall issue an order to cease [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 [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.
The agency certifies that legal counsel has
reviewed the
proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on December 12, 2018
TRD-201805338 D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: January 27, 2019
For further information, please call: (512) 424-5848
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