Okla. Admin. Code § 595:35-1-11

Current through Vol. 42, No. 4, November 1, 2024

Section 595:35-1-11 - Intrastate compliance reviews

(a) Intrastate safety rating system.

(1) The Department may issue a safety rating to a motor carrier subject to the provisions of this administrative regulation if all of the commercial motor vehicles operated by the motor carrier are operated exclusively in Oklahoma.

(2) The Department shall use the safety standards and rating criteria in 49 C.F.R. Part 385 in issuing a safety rating.

(3) A motor carrier may request the Department to conduct an administrative review if it believes the Department has committed an error in assigning its proposed or final safety rating. The request and administrative review shall comply with the procedures in 49 C.F.R. § 385.15 except that the request shall be submitted to: Troop S, Compliance Review, through the contact information found on the Troop S website: https://www.ok.gov/ohpcmve/.

(4) A motor carrier that has taken action to correct deficiencies may request the Department to change its proposed or final safety rating at any time. The request and determination shall comply with the procedures in 49 C.F.R. § 385.17 except that the request shall be submitted to: Troop S, Compliance Review, through the contact information found on the Troop S website: https://www.ok.gov/ohpcmve/.

(5) Safety fitness information.

(A) Final ratings shall be made available to other state and federal agencies in writing, telephonically, or by remote computer access.

(B) The final safety rating assigned to a motor carrier shall be made available to the public pursuant to the Oklahoma Open Records Act, 51 O.S. § 24A.1 et seq. Any person requesting the rating shall provide the Department with the motor carrier's name, principal office address, and if known, the USDOT number.

(C) Requests shall be addressed to: Troop S, Compliance Review, through the contact information found on the Troop S website: https://www.ok.gov/ohpcmve/.

(b) Penalties.

(1) For violations by motor carriers in intrastate commerce resulting from an investigation, the Department shall apply the system of administrative penalties and procedures in 49 U.S.C.§ 521(b) and the U.S. Department of Transportation Uniform Fine Assessment program, subject to the provisions of this administrative regulation.

(2) A Respondent shall be liable to the Department for any civil penalty assessed by the Department in a Notice of Claim. Pursuant to 47 O.S. § 2-116, the giving of notice by mail is complete upon the expiration of ten (10) days after deposit of said notice in the United States mail in an envelope with first class postage prepaid, addressed to such person at the address as shown by the records of the Department. Unless the Respondent requests a hearing as provided in OAC 595:35-1-9, the administrative penalty shall be due and owing twenty-five (25) days after the date the Notice of Claim was mailed, which shall include the ten (10) days specified by 47 O.S. § 2-116. The payment deadline shall be stayed if the Respondent timely requests a hearing as provided in OAC 595:35-1-9.

(3) A Respondent who does not pay the penalty or fails to arrange and abide by an acceptable payment plan for the penalty shall not operate in intrastate commerce beginning on the 91st day after the specified payment date.

(c) Appeals process. A Respondent may request a hearing of the penalty assessed in the Notice of Claim. The request for hearing shall be made in accordance with OAC 595:35-1-9.

Okla. Admin. Code § 595:35-1-11

Amended at 30 Ok Reg 2040, eff 7-25-13

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022