SECTION 595:30-5-3. Denial, modification, suspension and revocation of permits

(a)   Failure to qualify. The Department of Public Safety may deny or cancel a permit of any applicant or current permit holder who fails to qualify for the issuance of a permit as provided in this Chapter, Oklahoma Tax Commission rules or State Law.

(b)   Violation. The Department of Public Safety may deny, cancel, modify, suspend or revoke a permit of any holder who has committed a violation of any of the provisions of this Chapter.

(c)   Minor disqualification. Where the Department of Public Safety determines that minor disqualification and/or violation exists which may be readily rectified by the applicant, holder or driver, the Department may informally notify such party by mail or telephone of such minor disqualification or violation, with a request for compliance within a specified period of time. If such party fails to rectify the minor disqualification or violation, the Department may proceed according to other provisions of this Subchapter, and OAC 730:30-9-12(f) which states: Failure to comply with any of the provisions of this Section shall constitute grounds for the immediate suspension or revocation of the Annual Operating Permit in a manner prescribed by the Commissioner of Public Safety. Any suspension of said permit shall remain in effect for a period of not less than six (6) months. Any revocation of said permit shall be for a period of not less than one (1) year. [OAC 730:30-9-12(f)].

(d)   Denial. In addition to all other provisions of this Subchapter any Special Combination Vehicle Permit may be denied, suspended, revoked or modified, in whole or in part when:

(1)   The applicant makes a false statement on the application for a permit.

(2)   The applicant fails to provide valid and applicable information on the application for a permit.

(3)   The applicant fails to submit the applicable permit fee as required.

(4)   The Department of Public Safety determines that the applicant cannot comply with the requirements of this Chapter, Oklahoma Tax Commission rules or State Law.

(5)   The applicant failed to comply with or obtain a previous Special Combination Vehicle Permit.

(e)   Procedures. In the event that the Department of Public Safety has determined that a permit should be denied, suspended, revoked or canceled for any reason, the following procedures shall apply. [75 O.S. §301 et seq.]:

(1)   The Department shall send written notice containing all information required [75 O.S §309] to the concerned applicant or permit holder. Notice will be made as provided in 47 O.S §2-116. Notice will set forth the specific reasons for and the particular action which will be taken.

(2)   The notice shall provide that the Department action shall become effective twenty (20) days after mailing unless the licensee timely files a written request for a hearing with the Department's Size and Weight Permit Division. Such request shall be timely when filed prior to the effective date of the Department action.

(3)   If a timely hearing is requested, such hearing shall be scheduled not less than seven (7) days nor more than fifteen (15) days from the date the Department receives the request. The hearing will be held at the Size and Weight Permit Division in Oklahoma City or at another location set by the Department and agreeable to all parties.

(4)   A hearing officer shall be designated by the Commissioner and each party shall be afforded an opportunity to be heard and to present evidence. [75 OS Section 304, et seq.]

(5)   The scope of the hearing shall be confined to the specific reasons for the particular action, all of which will be set forth in the notice letter.

(6)   The hearing officer shall render a decision thereon based upon the law and evidence presented.

(7)   The decision of the hearing officer becomes final after ten (10) days from the date of its entry, unless written request under the provisions of 75 O.S §317, is timely made.

(8)   If applicant or permit holder fails to appear at the scheduled hearing without good cause, the hearing officer shall record the nonappearance and enter an order reflecting the effective date.

(9)   If the Department representative fails to appear without good cause, the hearing officer shall record the nonappearance and enter an order of dismissal of the Department action; such order of dismissal shall be without prejudice if the basis for the action constitutes noncompliance or a continuing violation of the rules of this Chapter.

(10)   Where a timely written request for a rehearing, reopening or reconsideration of the case is received, the Department action shall be stayed until a final order has been entered, except as provided in (11) of this Subsection.

(11)   Department action shall become effective immediately where:

(A)   An original application for a permit is denied for failure to qualify.

(B)   The Department finds that the health, safety or welfare of the public imperatively requires such action and a finding to the effect is incorporated in its order. [75 O.S §314].

(12)   Each party shall be notified of each action taken by the hearing officer.

[Source: Amended at 11 Ok Reg 229, eff 10-10-93 (emergency); Amended at 11 Ok Reg 2391, eff 5-26-94]