|
(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 has become final under subsection (a)(4)(C) of this section,
if the manager of the Motor Carrier Bureau, or their designee, determines
that a motor carrier's operations constitute an imminent hazard, the
manager or their 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.
The agency certifies that legal counsel has
reviewed the adoption and found it to be a valid exercise of the agency's
legal authority.
Filed with the Office
of the Secretary
of State on February 25, 2019
TRD-201900644 D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 17, 2019
Proposal publication date: December 28, 2019
For further information, please call: (512) 424-5848
|
