Current through Vol. 42, No. 1, September 16, 2024
(a)
Failure to qualify. The
Department of Transportation may deny or cancel a permit of any applicant or
current permit holder who fails to qualify for the issuance of a permit as
provided in this Chapter, Oklahoma Tax Commission rules or State Law.
(b)
Violation. The Department of
Transportation may deny, cancel, modify, suspend or revoke a permit of any
holder who has committed a violation of any of the provisions of this
Chapter.
(c)
Minor
disqualification. Where the Department of Transportation determines that
minor disqualification and/or violation exists which may be readily rectified
by the applicant, holder or driver, the Department of Transportation may
informally notify such party by mail or telephone of such minor
disqualification or violation, with a request for compliance within a specified
period of time. If such party fails to rectify the minor disqualification or
violation, the Department of Transportation may proceed according to other
provisions of this Chapter, and
730:50-5-9(f)
which states: Failure to comply with any of the provisions of this
Section shall constitute grounds for the immediate suspension or revocation of
the Annual Operating Permit in a manner prescribed by the Executive Director of
the Department of Transportation. Any suspension of said permit shall remain in
effect for a period of not less than six (6) months. Any revocation of said
permit shall be for a period of not less than one (1) year. [OAC
730:50-5-9(f)]
.
(d)
Denial. In
addition to all other provisions of this subchapter any Special Combination
Vehicle Permit may be denied, suspended, revoked, or modified, in whole or in
part when:
(1) The applicant makes a false
statement on the application for a permit.
(2) The applicant fails to provide valid and
applicable information on the application for a permit.
(3) The applicant fails to submit the
applicable permit fee as required.
(4) The Department of Transportation
determines that the applicant cannot comply with the requirements of this
Chapter, Oklahoma Tax Commission rules or State Law.
(5) The applicant failed to comply with or
obtain a previous Special Combination Vehicle Permit.
(e)
Procedures. In the event
that the Department of Transportation has determined that a permit should be
denied, suspended, revoked or canceled for any reason, the following procedures
shall apply. [75 O.S. §301 et seq.]:
(1) The Department of Transportation shall
send written notice containing all information required [75 O.S §309] to
the concerned applicant or permit holder. Notice will be made as provided in 47
O.S §2-116. Notice will set forth the specific reasons for and the
particular action which will be taken.
(2) The notice shall provide that the
Department of Transportation action shall become effective twenty (20) days
after mailing unless the licensee timely files a written request for a hearing
with the Department of Transportation's Size and Weight Permit Division. Such
request shall be timely when filed prior to the effective date of the
Department of Transportation action.
(3) If a timely hearing is requested, such
hearing shall be scheduled not less than seven (7) days nor more than fifteen
(15) days from the date the Department of Transportation receives the request.
The hearing will be held at the Department of Transportation Size and Weight
Permit Division in Oklahoma City or at another location set by the Department
of Transportation and agreeable to all parties.
(4) A hearing officer shall be designated by
the Executive Director of the Department of Transportation and each party shall
be afforded an opportunity to be heard and to present evidence. [75 OS Section
304, et seq.]
(5)
The scope of the hearing shall be confined to the specific reasons for the
particular action, all of which will be set forth in the notice
letter.
(6) The hearing officer
shall render a decision thereon based upon the law and evidence
presented.
(7) The decision of the
hearing officer becomes final after ten (10) days from the date of its entry,
unless written request under the provisions of 75 O.S §317, is timely
made.
(8) If applicant or permit
holder fails to appear at the scheduled hearing without good cause, the hearing
officer shall record the nonappearance and enter an order reflecting the
effective date.
(9) If the
Department of Transportation representative fails to appear without good cause,
the hearing officer shall record the nonappearance and enter an order of
dismissal of the Department of Transportation action; such order of dismissal
shall be without prejudice if the basis for the action constitutes
noncompliance or a continuing violation of the rules of this Chapter.
(10) Where a timely written request for a
rehearing, reopening or reconsideration of the case is received, the Department
of Transportation action shall be stayed until a final order has been entered,
except as provided in (11) of this Subsection.
(11) Department of Transportation action
shall become effective immediately where:
(A)
An original application for a permit is denied for failure to
qualify.
(B) The Department of
Transportation finds that the health, safety, or welfare of the public
imperatively requires such action and a finding to the effect is incorporated
in its order. [75 O.S §314].
(12) Each party shall be notified of each
action taken by the hearing officer.
