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(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 (3)(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.
(c)Safety Audits.
(1)The department may perform safety audits on interstate
motor carriers domiciled in Texas that are part of the New Entrant
Safety Assurance Program under Title 49, Code of Federal Regulations,
Part 385, Subpart D. The department will comply with all requirements
of Title 49, Code of Federal Regulations, Part 385, Subpart D when
carrying out safety audits.
(2)Safety audits will be conducted by an individual
who is certified to conduct new entrant safety audits. Safety audits
may be conducted at the carrier's premises or at an off-site location
chosen by the department.
(3)Motor carriers that are part of the New Entrant
Safety Assurance Program will make records and documents required
for a safety audit available for inspection upon the request of an
individual certified to perform safety audits.
(A)The department will report to the Federal Motor
Carrier Safety Administration any motor carriers who:
(i)fail to respond to attempts by the department to
make contact to initiate a safety audit,
(ii)refuse to meet with the department to conduct
the safety audit, and/or
(iii)refuse to provide records and documents required
for the safety audit.
(B)Motor carriers who do not complete a required safety
audit may have their interstate operating authority revoked by the
Federal Motor Carrier Safety Administration.
(4)Safety audits will review a motor carrier's safety
management systems and practices to determine compliance with federal
safety regulations. The safety audit will also be used to educate
the motor carrier on safety compliance. The reviewer's findings will
be reported to the Federal Motor Carrier Safety Administration. Safety
audits will have a pass or fail determination and will not assign
a safety rating to a motor carrier.
(5)In the course of a safety audit, if it is discovered
that the motor carrier has committed any of the actions listed in
Title 49, Code of Federal Regulation, Part 385.308(a), the department
may schedule a compliance review to carry out a more thorough examination
of the motor carrier's safety management.
(d)Imminent Hazard.
(1)Regardless of whether an unsatisfactory safety
rating has become final under subsection (b)(3)(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 (b)(3)(D)(iii) of this section.
(e)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, P.O. 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 March 21, 2023
TRD-202301125 D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: April 10, 2023
Proposal publication date: February 10, 2023
For further information, please call: (512) 424-5848
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