SECTION 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 [phone] or via electronic mail at [e-mail]. 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.

Source Note: The provisions of this §4.18 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective August 31, 2004, 29 TexReg 8375; amended to be effective May 22, 2005, 30 TexReg 3031