Tenn. Comp. R. & Regs. 1680-07-01-.25 - REVOCATION, SUSPENSION AND WITHHOLDING OF PERMITS

(1) Except as otherwise specifically provided elsewhere in this chapter, if a permittee undertakes the movement of an overweight or overdimensional vehicle or load in violation of the law, these regulations, or the terms and conditions of any permit issued under these regulations, the TDOT Permit Office may revoke the permit or permits, suspend the use of the permit or permits, or withhold the issuance of any new permits in accordance with this rule.

(2) Revocation of Permits.

(a) The TDOT Permit Office may revoke a permittee's single trip or annual permit or permits upon finding that the permittee has:

1. Submitted a false, deceptive, or fraudulent permit application;

2. Used a fraudulent, invalid, or expired permit to transport a vehicle and load other than the specific vehicle and load actually covered by the permit; or

3. Repeatedly violated the terms and conditions of a permit as described in paragraph (3) below.

(b) Before taking any action to revoke a permit under subparagraph (a), the TDOT Permit Office shall give written notice to the permittee and provide an opportunity for the permittee to respond, as follows:

1. The written notice shall describe the grounds for the proposed revocation action. Before sending the written notice, the TDOT Permit Office shall attempt to contact the permittee by telephone to provide notice of the proposed revocation.

2. The permittee shall be provided not less than two (2) business days from receipt of the written notice within which to submit a written response to the proposed revocation. At the discretion of the TDOT Permit Office, the permittee may be granted the opportunity to present additional information during a pre-decision meeting in person or by telephone.

3. After considering the response, if any, the TDOT Permit Office shall send the permittee a written notice of its decision, including a statement of the reasons for the decision, within ten (10) business days after the deadline for submitting a written response. If the decision is to revoke the permit, the notice shall advise the permittee of the right to appeal the decision in accordance with paragraph (5) below.

(3) Suspension and Withholding of Permits.

(a) The TDOT Permit Office may immediately suspend the use of a permittee's single trip or annual permit or permits, withhold the issuance of new permits to the permittee, and/or withhold the automatic issuance of new permits to the permittee through TDOT's online permitting system upon finding that the permittee has violated any of the terms and conditions of a permit, including without limitation as follows:

1. The permittee has transported or is transporting overweight or overdimensional loads on routes other than those authorized under a permit;

2. The permittee has transported or is transporting loads that exceed the weights or dimensions authorized under a permit;

3. The permittee has failed to comply with any other terms or conditions of a permit; or

4. The permittee has failed to pay any permit fees or penalties for overweight or overdimensional movements that are owed to TDOT or to the Tennessee Department of Safety and Homeland Security.

(b) In taking any action to suspend or withhold the issuance of permits under subparagraph (a), the TDOT Permit Office shall give written notice to the permittee and provide an opportunity for the permittee to respond, as follows:

1. The written notice shall describe the grounds for suspending or withholding a permit or permits, and it shall identify the action the permittee must take to remedy the violation of the permit. Before sending the written notice, the TDOT Permit Office shall attempt to contact the permittee by telephone to provide notice of the action and required remedy.

2. The permittee shall be provided not less than two (2) business days from receipt of the written notice within which to submit a written response to the action. At the discretion of the TDOT Permit Office, the permittee may be granted the opportunity to present additional information during a meeting in person or by telephone.

3. After considering the response, if any, the TDOT Permit Office shall send the permittee a written notice of its decision, including a statement of the reasons for the decision, within three (3) business days after receiving the permittee's written response, or after the deadline for submitting a written response, whichever is earlier. If the decision is to suspend a permit or permits or to withhold the issuance of new permits, the notice shall advise the permittee of the right to appeal the decision in accordance with paragraph (5) below. A decision merely to withhold the automatic issuance of permits through TDOT's online permitting system shall not be appealable under paragraph (5).

(c) The TDOT Permit Office may continue the suspension of the permit or permits and/or the withholding of new permits, until such time as the permittee remedies the violation by coming into compliance with the permit or by obtaining a new permit to authorize the movement. A decision to withhold the automatic issuance of permits through TDOT's online permitting system may continue for such time period as the TDOT Permit Office determines is appropriate.

(4) Any written notice or response required or authorized under paragraphs (2) or (3) may be delivered by electronic mail or facsimile transmission, and if so delivered, it shall be deemed to have been received on the date of delivery.

(5) The person or entity affected by a decision to revoke, suspend, or withhold the issuance of any permit shall be provided the opportunity to appeal the decision of the TDOT Permit Office, as follows:

(a) The appeal shall be submitted in writing to the Commissioner of TDOT, with a copy to the TDOT Permit Office, within ten (10) business days after receipt of the notice of decision.

(b) Upon receiving the appeal, TDOT shall initiate a contested case hearing, and the proceeding shall be conducted, in accordance with the Uniform Administrative Procedures Act, as provided in T.C.A. §§ 4-5-301, et seq.

Notes

Tenn. Comp. R. & Regs. 1680-07-01-.25

Original rule filed February 14, 2018; effective 5/15/2018.

Authority: T.C.A. § 55-7-205.