Denial, suspension or revocation of registration and permit: Grounds; procedure.
1. Except as otherwise required by federal law, the Department shall immediately suspend or revoke the registration and permit for the transportation of hazardous materials, or deny the approval of an application for such a registration and permit, by a motor carrier who:
(a) Knowingly makes a materially false or misleading statement on the application for the registration and permit;
(b) Is assigned an unsatisfactory safety rating pursuant to 49 C.F.R. Part 385;
(c) Is subject to an order entered pursuant to 49 C.F.R. § 386.72;
(d) Does not maintain the financial responsibility for liability required pursuant to 49 C.F.R. Part 387 and the laws of this State;
(e) Knowingly uses a forged certificate of registration or permit for the transportation of hazardous materials;
(f) Knowingly allows the use of his registration or permit for the transportation of hazardous materials by any person other than an agent or employee of the motor carrier; or
(g) Is convicted of a serious violation or repeated violations of the laws of this State for the regulation of motor carriers.
2. Upon taking any action pursuant to subsection 1, the Department shall:
(a) Notify the motor carrier, by certified mail, of the reasons for its action and of any action the motor carrier may take to obtain the reinstatement of his registration and permit or the approval of his application; and
(b) Provide the motor carrier with an opportunity for a fair and impartial hearing on the matter.
Last modified: February 26, 2006