Compilation of Rules and Regulations of the State of Georgia
Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY
Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION
Subject 570-38-2 - CERTIFICATES FOR MOTOR CARRIERS GENERALLY
Rule 570-38-2-.13 - Suspension or Revocation of Certificates

Universal Citation: GA Rules and Regs r 570-38-2-.13

Current through Rules and Regulations filed through September 23, 2024

(1) A certificate issued pursuant to this Subchapter may be suspended or revoked by the Department for any reason authorized by law and as required to ensure compliance with this Chapter.

(2) Except to the extent otherwise authorized by law, prior to suspension or revocation of a certificate pursuant to paragraph (1) of this Rule, the person or entity holding that certificate shall be provided notice and an opportunity for a hearing. Notice shall be made in accordance with Rule 570-38-1-.10.

(3) A certificate holder shall be notified of the Department's decision to suspend or revoke a certificate in accordance with Rule 570-38-1-.10.

(4) A certificate holder shall be entitled to a hearing to contest the suspension or revocation of their certificate under this Subchapter upon written request made within 30 days of the effective date of notice of suspension or revocation.

(5) Suspensions and revocations of certificates pursuant to this Rule shall become effective immediately upon the effective date of notice of the suspension or revocation to the certificate holder and shall remain in effect during any hearing, appeal, or review of the Department's decision to suspend or revoke the certificate, except as otherwise required by law and as otherwise ordered by the Department.

(6) A suspension of a certificate may be for either a fixed or variable period of time. Except as otherwise provided in this Chapter:

(a) A certificate which is suspended for a fixed period of time pursuant to this rule shall automatically become reinstated without any further action needed by the certificate holder upon the date or following the term specified by the Department in the order suspending the certificate.

(b) A certificate which is suspended for a variable period of time may be reinstated upon any terms ordered by the Department which are not prohibited by law.

(c) To the extent that a suspension is based upon a certificate holder's ongoing violation of law or these Rules, the Department may order that the suspension continue until the certificate holder corrects any violation(s) of law or these Rules and for any period of time thereafter not otherwise prohibited by law.

(d) The Department may establish by administrative order a maximum period of time for which a suspension due to an ongoing violation of law or these Rules may continue. If the prescribed maximum period of time is reached while such administrative order is in effect and the certificate holder is still not in compliance with law and these Rules, then the certificate shall automatically be revoked without further action from the Department.

(7) Paragraph (6) of this Rule notwithstanding,

(a) if an interim certificate becomes expired during a term of suspension, it shall remain expired until and unless otherwise ordered by the Department; and

(b) if a subsequent order is issued by the Department which pertains to the certificate or suspension of a certificate in question, that order shall control.

(8) A suspended certificate may be reinstated at the Department's discretion for any reason authorized by law. Except as otherwise required by law and as otherwise provided by this Chapter, if a suspended certificate is not reinstated by the Department within twelve months from the date of suspension, the suspended certificate shall be deemed cancelled and cannot be reinstated.

O.C.G.A. §§ 40-1-101; 40-1-104.

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