SECTION 165:30-3-76. Contempt complaint

  In addition to the procedures set forth in the Oklahoma Statutes and in the Commission's Rules of Practice, OAC 165:5 regarding the procedure in proceedings as for contempt, the following procedures may be followed for violations of this Chapter, and applicable statutes of Title 47 and Title 68:

(1)   An enforcement officer/compliance inspector/ rate field agent (hereinafter referred to as "officer") of the Transportation Division may issue in the field a contempt citation for any violation of this Chapter or any applicable state statute. The officer shall furnish a copy of the citation to the person.

(2)   The citation shall be in the form prescribed by the Commission's Transportation Division.

(3)   A person served with a contempt citation may post bond or be released by the complaining officer upon personal recognizance as provided herein. The person shall indicate a plea on the citation, and sign the citation in the presence of the complaining officer. A person served with a citation may elect to change this plea to the citation at any time prior to and including the hearing date before the Administrative Law Judge. Any person electing to plead not guilty shall appear at the time and date set forth on the citation for a hearing on the matter before the Administrative Law Judge and, if not appearing, forfeit the bond posted. All Rules of Practice, OAC 165:5, of the Oklahoma Corporation Commission regarding procedures for hearing shall apply to the hearings provided for herein, except that the Administrative Law Judge may issue either an oral or written recommendation to the Commission en banc on the matter.

(A)   The Commission shall accept bond payment of a fine in the form of cash, certified check, cashier's check, certified or guaranteed bank check, postal or commercial money order, guaranteed arrest bond certificate or any other form of payment accepted by the Commission. Such payment shall be in full satisfaction of the violation asserted in the complaint and the allegations and charges therein will be taken as confessed. The guaranteed arrest bond certificate must have been issued by either a trucking services club or surety company, officially authorized to issue such bonds for trucking violations in Oklahoma by the State Insurance Commission, or a trucking association authorized to transact business in Oklahoma by the State Insurance Commission. The guaranteed arrest bond certificate shall be signed by the person to whom it is issued and shall contain a printed statement that such surety company, trucking association or trucking services club guarantees to pay the fine imposed on such person.

(B)   Any person may be released by the complaining officer on personal recognizance if the person is unable to post a bond and the person has been issued a valid license to operate the motor vehicle they are operating, by Oklahoma, or by another state jurisdiction within the United States, or by any party jurisdiction of the Nonresident Violator Compact; and the complaining officer is satisfied as to the identity of the person receiving the citation. A person released on personal recognizance shall post a bond with the Commission within ten (10) days of the writing of the citation. Failure to do so may result in detention of equipment or revocation of authority.

(C)   The failure to timely appear at the hearing at the time and date set forth on the citation may result in a request for suspension of the person's driver's license in Oklahoma, or in the nonresident's home state pursuant to the Nonresident Violator Compact. The Commission's Transportation Division shall report all such requests for suspension to the Department of Public Safety which shall proceed as provided for by the provisions of Section 1115.5 of Title 22 of the Oklahoma Statutes.

(D)   The violations for which fines shall be accepted and amounts thereof shall be as follows:

(i)   Operating as a motor carrier without proper authority:

(I)   First violation within a 12-month period - $300.00

(II)   Second violation within a 12-month period - $400.00

(ii)   Operating without carrying /producing a valid copy of the authority, permit, vehicle registration, fuel license, oversize or overweight permit, or display of fuel decal or identification device:

(I)   First violation within a 12-month period - $125.00

(II)   Second violation within a 12-month period - $200.00

(iii)   Operating as a motor carrier carrying or producing an altered or fraudulent authority, oversize or overweight permit, vehicle registration, fuel license or license plate:

(I)   First violation within a 12-month period - $1,000.00

(II)   Second violation within a 12-month period - $1,500.00

(III)   Third violation within a 12-month period - $2,000.00

(iv)   Operating a commercial vehicle in excess of its registered weight by two thousand one (2,001) pounds or more:

(I)   First violation within a 12-month period - $175.00

(II)   Second violation within a 12-month period - $250.00

(v)   Transportation of a deleterious substance(s) without a current deleterious substance transport permit:

(I)   First violation within a 12-month period - $300.00

(II)   Second violation within a 12-month period - $400.00

(vi)   Operating a vehicle without proper registration:

(I)   First violation within a 12-month period - $175.00

(II)   Second or third violation within a 12-month period - the amount as shown in (vi) above plus an amount as reflected in 47 O.S. §1133

(vii)   Operating motor vehicle without proper markings on vehicle:

(I)   First violation within a 12-month period - $175.00

(II)   Second violation within a 12-month period - $250.00

(viii)   Operating a commercial motor vehicle without a valid fuel permit:

(I)   First violation within a 12-month period - $175.00

(II)   Second violation within a 12-month period - $250.00

(ix)   Operating motor vehicle without valid lease agreement in vehicle:

(I)   First violation within a 12-month period - $125.00

(II)   Second violation within a 12-month period - $200.00

(x)   Operating motor vehicle without proper shipping or cargo ownership documentation in vehicle:

(I)   First violation within a 12-month period - $125.00

(II)   Second violation within a 12-month period - $200.00

(xi)   Failure to yield for inspection:

(I)   First violation within a 12-month period - $150.00

(II)   Second violation within a 12-month period - $200.00

(xii)   Operating as an interstate motor carrier while placed out of service by a federal agency:

(I)   First violation within a 12-month period - $300.00

(II)   Second violation within a 12-month period - $400.00

(xiii)   Operating as a transporter of hazardous waste without proper registration/permit:

(I)   First violation within a 12-month period - $350.00

(II)   Second violation within a 12-month period - $500.00

(xiv)   Operating as an interstate motor carrier, freight forwarder, broker or leasing company without paying the appropriate UCR fee:

(I)   First violation within a 12-month period - $300.00

(II)   Second violation within a 12-month period - $400.00

(xv)   Operating as an interstate motor carrier, freight forwarder, leasing company or broker without an active USDOT number:

(I)   First violation within a 12-month period - $300.00

(II)   Second violation within a 12-month period - $400.00

(xvi)   Operating as an interstate motor carrier, freight forwarder, leasing company or broker without proper federal authority:

(I)   First violation within a 12-month period - $300.00

(II)   Second violation within a 12-month period - $400.00

(xvii)   Operating as motor carrier, carrier, freight forwarder, leasing company or broker without proper insurance on file:

(I)   First violation within a 12-month period - $300.00

(II)   Second violation within a 12-month period - $400.00

(xviii)   Operating oversize without a proper oversize permit; operating as an escort service without proper certification or violating its certification; failure to secure load; or failure to carry or produce a valid insurance security verification form, if required:

(I)   First violation within a 12-month period - $175.00

(II)   Second violation within a 12-month period - $250.00

(xix)   Refusal to weigh vehicle - $500.00

(xx)   Operating a commercial vehicle in excess of its legal weight- amount as specified by state statute, or:

(I)   From 700 to 2,000 pounds - $200.00

(II)   From 2,001 to 3,000 pounds - $250.00

(III)   From 3,001 to 4,000 pounds - $300.00

(IV)   From 4,001 to 5,000 pounds - $350.00

(V)   From 5,001 to 6,000 pounds - $400.00

(VI)   From 6,001 to 7,000 pounds - $450.00

(VII)   From 7,001 pounds and above - $500.00

(xxi)   Violating a special permit or a variance permit - $100.00

(xxii)   Other violations, unless otherwise specified by the Oklahoma Statutes or by the Oklahoma Bond Schedule:

(I)   First violation within a 12-month period - $175.00

(II)   Second violation within a 12-month period - $250.00

(xxiii)   The third violation within a twelve-month period of units (i) through (xviii) of the subparagraph, unless otherwise specified by the Oklahoma Statutes or the rules of this Subchapter, shall result in a contempt fine of $500.00. In addition, the Commission may suspend or revoke a motor carrier's authority, registration or permit.

(E)   Every officer is authorized to serve process in motor carrier, private carrier and other Commission related matters.

[Source: Amended at 10 Ok Reg 4447, eff 1-1-94 (emergency); Amended at 10 Ok Reg 4497, eff 1-1-94 (emergency); Amended at 11 Ok Reg 3727, eff 7-11-94; Amended at 11 Ok Reg 3735, eff 7-11-94; Amended at 12 Ok Reg 1005, eff 1-1-95 (emergency); Amended at 12 Ok Reg 2077, eff 7-1-95; Amended at 13 Ok Reg 247, eff 11-1-95 through 7-14-96 (emergency); Amended at 14 Ok Reg 1251, eff 5-12-97; Amended at 14 Ok Reg 2539, eff 7-1-97; Amended at 15 Ok Reg 3041, eff 7-15-98; Amended at 18 Ok Reg 23, eff 10-11-00 (emergency); Amended at 18 Ok Reg 2384, eff 7-1-01; Amended at 23 Ok Reg 2325, eff 7-1-06; Amended at 24 Ok Reg 1814, eff 7-1-07; Amended at 26 Ok Reg 1398, eff 7-1-09]