SECTION 595:35-1-11. Intrastate compliance reviews

(a)   Intrastate safety rating system.

(1)   The department may issue a safety rating to a motor carrier subject to the provisions of this administrative regulation if all of the commercial motor vehicles operated by the motor carrier are operated exclusively in Oklahoma.

(2)   The department shall use the safety standards and rating criteria in 49 C.F.R. 385 in issuing a safety rating.

(3)   A motor carrier may request the department to conduct an administrative review if it believes the department has committed an error in assigning its proposed or final safety rating. The request and administrative review shall comply with the procedures in 49 C.F.R. 385.15 except that the request shall be submitted to: OHP Troop S, Compliance Review, 200 NE 38^th Terrace, Oklahoma City, OK 73105

(4)   A motor carrier that has taken action to correct deficiencies may request the department to change its proposed or final safety rating at any time. The request and determination shall comply with the procedures in 49 C.F.R. 385.17 except that the request shall be submitted to: OHP Troop S, Compliance Review, 200 NE 38^th Terrace, Oklahoma City, OK 73105

(5)   Safety fitness information.

(A)   Final ratings shall be made available to other state and federal agencies in writing, telephonically, or by remote computer access.

(B)   The final safety rating assigned to a motor carrier shall be made available to the public pursuant to the Oklahoma Open Records Act [Title 51 O.S. Section 24A.1 et. al.]Any person requesting the rating shall provide the department with the motor carrier's name, principal office address, and if known, the Oklahoma DOT number.

(C)   Requests shall be addressed to: OHP Troop S, Compliance Review, 200 NE 38^th Terrace, Oklahoma City, OK 73105

(b)   Penalties.

(1)   For violations by motor carriers in intrastate commerce resulting from an investigation, the department shall apply the system of administrative penalties and procedures in 49 U.S.C.521(b) and the U.S. Department of Transportation Uniform Fine Assessment program, subject to the provisions of this administrative regulation.

(2)   A respondent shall be liable to the department for any civil penalty assessed. The administrative penalty shall be due and owing twenty-five (25) days after the date the Notice of Claim was sent, unless the concerned party requests a hearing as provided in 595:35-1-9.

(3)   A respondent who does not pay the penalty or fails to arrange and abide by an acceptable payment plan for the penalty shall not operate in intrastate commerce beginning on the 91st day after the specified payment date.

(c)   Appeals process. A respondent may ask for review of the assessed penalty by the Department. The request shall be made in accordance with OAC 595:35-1-9.

[Source: Added at 30 Ok Reg 2033, eff 7-25-13]