37 Tex. Admin. Code § 4.18 - Intrastate Operating Authority Out-of-Service Review
(a) A motor carrier may request a review of
the out-of-service order within 10 business days of the issuance of the
out-of-service order. A request for a review does not stay the out-of-service
order. A request for an out-of-service review must be made in writing and
forwarded to the manager of the Motor Carrier Bureau. If requested, a review
will be scheduled and conducted by the manager of the Motor Carrier Bureau or
the director's designee within 10 business days of the issuance of the
out-of-service order. A request for review should be addressed to the Texas
Department of Public Safety, Motor Carrier Bureau, P.O. Box 4087, Austin, Texas
78773-0521 or may be sent by facsimile transmission to (512) 424-5712 or via
electronic mail at MotorCarrierBureau@txdps.state.tx.us. The department may
conduct the review by telephone conference call. An out-of-service review
should be conducted within 3 business days of the date of receipt of the
request for a review.
(b) A request
for review under subsection (a) of this section must contain the following: a
concise statement of the issues to be contested at the review.
(c) A final agency decision on an
out-of-service order is subject to Texas Government Code, Chapter 2001.
Judicial review is subject to the substantial evidence rule under Texas
Government Code, §
2001.174. A final
agency decision is:
(1) the initial order if
the affected person fails to respond as outlined in subsections (a) or (b) of
this section, or
(2) the decision
as a result of a review under subsection (a) or (b) of this section.
Notes
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