NMT 5.7 - CIVIL PENALTY ASSESSMENT PROCEDURES

All violations of statutes referenced in NMT 5.6, NMT 5.6.2, and NMT 5.6.3 will be investigated and summarized in a complaint filed by an authorized investigator of the PUC or the CSP. The investigation will include, as applicable, the nature and gravity of any violations, the degree of culpability, any history of violations, and other public safety concerns. The complaint will be served in person or by certified mail at the motor carrier's last known address on file with the CSP or the CDOT.

NMT 5.7.1 Civil Penalties Assessed Pursuant Sections 42-20-406 (3) and 42-20-505 (2), CRS.

Civil penalties for violations of Sections 42-20-406 (3) and 42-20-505 (2), CRS, will be assessed according to the statute and will appear on the complaint before service.

NMT 5.7.2 Notice and Response for Violations of NMT 5.6 and Section 42-20-505 (1), CRS.

Complaints containing violations of NMT 4, NMT 5.6, and Section 42-20-505 (1), CRS, must provide notice of an opportunity to appear before the Chief to contest the violation or to present mitigating factors to be considered in determining the amount of the civil penalty to be assessed.

NMT 5.7.2.1 Carrier Response to Complaint. Within 30 days of service of the complaint, the carrier must file a written response containing:

NMT 5.7.2.1.1 A request for a formal hearing before the Chief according to Section 24-4-105, CRS;

NMT 5.7.2.1.2 A request for an informal hearing before the Chief; or

NMT 5.7.2.1.3 A waiver of the right to a hearing before the Chief.

NMT 5.7.2.2 Request for Informal Hearing Waives Formal Hearing. A request for an informal hearing before the Chief will constitute a waiver of the right to a formal hearing under Section 24-4-105, CRS.

NMT 5.7.2.3 Failure to File Timely Response to Complaint. Failure to timely file a written response will constitute a default. Upon entry of a default, the Chief will assess a civil penalty against the carrier. For good cause shown, the entry of default may be set aside by the Chief within 10 days of the default.

NMT 5.7.3 Chief Will Issue a Final Written Agency Decision.

Within 30 days of receiving all relevant information, the Chief will issue a final written agency decision to include the specific violations and civil penalties assessed. The final agency decision will be served on the carrier in person, or by first-class mail at the last known address on file with the CSP or the CDOT, whichever is more current.

Notes

NMT 5.7

38 CR 05, March 10, 2015, effective 4/1/2015 39 CR 05, March 10, 2016, effective 3/30/2016 39 CR 05, March 10, 2016, effective 3/30/20167 40 CR 07, April 10, 2017, effective 4/30/2017 41 CR 04, February 25, 2018, effective 3/17/2018 42 CR 04, February 25, 2019, effective 3/17/2019 43 CR 05, March 10, 2020, effective 4/1/2020 44 CR 05, March 10, 2021, effective 4/1/2021 45 CR 05, March 10, 2022, effective 4/1/2022 46 CR 03, February 10, 2023, effective 3/31/2023 47 CR 05, March 10, 2024, effective 4/1/2024 48 CR 04, February 25, 2025, effective 4/1/2025