SECTION 219.122. Administrative Sanctions

(a) The department may revoke, suspend, or deny an oversize or overweight permit if the person or permit holder:

(1) provides false information on the permit application or another form provided to the department concerning the issuance of an oversize or overweight permit;

(2) violates this chapter or Transportation Code, Chapters 621, 622, or 623;

(3) violates an order adopted under this chapter or Transportation Code, Chapters 621, 622, or 623; or

(4) fails to obtain an oversize or overweight permit that is required under this chapter or Transportation Code, Chapters 621, 622, or 623.

(b) The department may probate a suspension ordered under this section.

(1) In determining whether to probate a suspension, the department will review:

(A) the seriousness of the violation;

(B) prior violations by the person;

(C) whether the department has previously probated a suspension for the person;

(D) cooperation by the person in the investigation and enforcement proceeding; and

(E) the ability of the person to correct the violations.

(2) The department shall set the length of the probation based on the seriousness of the violation and previous violations by the person.

(3) The department will require that the person whose suspension is probated report monthly to the department any information necessary to determine compliance with the terms of the probation.

(4) The department may revoke the probation and impose a deferred administrative penalty if the person fails to abide by any terms of the probation.

Source Note: The provisions of this §219.122 adopted to be effective June 1, 2008, 33 TexReg 3776; transferred effective January 1, 2012, as published in the Texas Register January 27, 2012, 37 TexReg 359