SECTION 218.77. Cease and Desist Order

(a) The department may issue a cease and desist order to a respondent:

(1) who engages or represents itself to be engaged in a motor carrier operation that is in violation of this chapter;

(2) to prevent a violation of this chapter; and

(3) to protect the public health and safety.

(b) The order shall:

(1) be delivered by personal delivery or registered or certified mail, return receipt requested, to the person's or entities last known address; and

(2) state the effective date of the order.

(c) The department's cease and desist order is final, unless within ten days of the service of the order, the respondent files a written request for hearing to the department.

(d) If a request for hearing is filed, the department shall initiate a contested case with the State Office of Administrative Hearing in accordance with Chapter 206, Subchapter D of this title (relating to Procedures in Contested Cases).

(e) The cease and desist order shall remain in effect until the respondent comes into complete compliance with department directives and decisions, or unless otherwise provided by an order issued after final review by the department.

(f) If respondent violates a cease and desist order, the department may:

(1) impose an administrative penalty against the respondent; and

(2) refer the matter to the appropriate authority to institute actions for:

(A) an injunction against violation of the cease and desist order;

(B) collection of any administrative penalty assessed by the department; and

(C) any other remedy provided by law.

(g) Nothing in this section precludes the department from imposing other administrative sanctions against the respondent while a cease and desist order is in effect.

Source Note: The provisions of this §218.77 adopted to be effective February 4, 2010, 35 TexReg 663