Oklahoma Administrative Code
Title 595 - Department of Public Safety
Chapter 35 - Enforcement of Oklahoma Motor Carrier Safety and Hazardous Materials Transportation Act
Section 595:35-1-11 - Intrastate compliance reviews
Universal Citation: OK Admin Code 595:35-1-11
Current through Vol. 41, No. 13, March 15, 2024
(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.
Amended at 30 Ok Reg 2040, eff 7-25-13
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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