11.03.01.05-2

.05-2 Commercial Vehicles and Courtesy Vehicles — Disciplinary Proceedings.

A. If a permit holder engages in a prohibited act, as defined by Regulation .05-1C of this chapter, the Division may:

(1) Issue a written warning to the permit holder;

(2) Suspend a permit; or

(3) Revoke a permit.

B. If a permit holder engages in a prohibited act under Regulation .05-1C(10)—(12) of this chapter, the Division may suspend or revoke a permit without first issuing a warning to the permit holder.

C. Letter of Warning.

(1) The Division shall issue a letter of warning to a permit holder by certified mail, return receipt requested, and first-class mail on:

(a) Receipt of a first complaint against the permit holder; or

(b) The permit holder's first violation of Regulation .05E of this chapter.

(2) The letter of warning shall:

(a) State the substance of the complaint or the regulation violated;

(b) Give the permit holder an opportunity to provide a written explanation to the Division within 10 calendar days from the date the warning letter is mailed to the permit holder; and

(c) State that failure of the permit holder to provide an explanation shall result in the Division sustaining the warning.

(3) If the permit holder provides a timely explanation, the Division may accept or reject the explanation within 30 calendar days from the date the Division receives the explanation.

(4) If the Division accepts the explanation, the Division shall send written notice to the permit holder and rescind the letter of warning.

(5) If the Division rejects the permit holder's explanation, the:

(a) Division shall sustain the warning;

(b) Division shall send written notice to the permit holder by certified mail, return receipt requested, and first-class mail;

(c) Warning shall become part of the permit holder's record maintained by the Division; and

(d) Division shall send a copy of the warning to the Maryland Public Service Commission or the Office of Motor Carriers of the Federal Highway Administration.

(6) If the permit holder fails to file a timely explanation, the notice in §C(5) of this regulation shall be mailed within 30 calendar days from the deadline by which the permit holder was required to submit the explanation.

D. Suspension of Permit.

(1) The Division may suspend any permits issued to a permit holder on:

(a) Verification of a complaint against the permit holder under Regulation .05-1C(10)—(12) of this chapter;

(b) The issuance of a second warning to a permit holder within a 12-month period before the date of issuance of the most recent warning; or

(c) The permit holder's second violation of Regulation .05E of this chapter within a 12-month period before the date of issuance of the most recent violation.

(2) The Division shall send a written notice of proposed suspension to the permit holder by certified mail, return receipt requested, and first-class mail.

(3) The notice of proposed suspension shall:

(a) State the substance of the complaint or the regulation violated;

(b) Identify prior complaints or regulations violated;

(c) Give the permit holder an opportunity to provide a written explanation to the Division within 10 calendar days from the date the notice of proposed suspension is mailed to the permit holder; and

(d) State that failure of the permit holder to provide an explanation shall result in the Division sustaining the notice of proposed suspension.

(4) If the permit holder provides a timely explanation, the Division may accept or reject the explanation within 30 calendar days from the date the Division receives the explanation.

(5) If the Division accepts the explanation, the Division shall send written notice to the permit holder and cancel the notice of proposed suspension.

(6) If the Division rejects the permit holder's explanation, the:

(a) Division shall sustain the notice of proposed suspension;

(b) Division shall send written notice of the suspension to the permit holder by certified mail, return receipt requested, and first-class mail;

(c) Notice shall identify the permits suspended and length of the suspension and state the effective date;

(d) Notice shall state the grounds for suspension;

(e) Notice shall inform the aggrieved permit holder that it may appeal the suspension within 10 calendar days from the date of the letter of suspension; and

(f) Division's decision shall become part of the permit holder's record maintained by the Division.

(7) If the permit holder fails to file a timely explanation, the notice in §D(6) of this regulation shall be mailed within 30 days from the deadline by which the permit holder was required to submit the explanation.

(8) An aggrieved permit holder may appeal the suspension in accordance with Regulation .05-3 of this chapter.

(9) If the permit holder fails to file a timely appeal, the Division's decision is the final agency decision.

(10) During the suspension period, the Division may not issue a new permit to the permit holder.

(11) If no appeal is filed, within 10 calendar days of the date of the decision to suspend, the permit holder shall surrender to the Administration any permits suspended.

(12) The Division shall send a copy of a final agency decision suspending the permit holder to the Maryland Public Service Commission or the Office of Motor Carriers of the Federal Highway Administration.

E. Revocation of Permit.

(1) The Division may revoke any permits issued to a permit holder on:

(a) Verification of a complaint against the permit holder under Regulation .05-1C(10)—(12) of this chapter;

(b) The issuance of a third warning to a permit holder within a 24-month period before the date of issuance of the most recent warning; or

(c) The permit holder's third violation of Regulation .05E of this chapter within a 24-month period before the date of issuance of the most recent violation.

(2) The Division shall send a written notice of proposed revocation to the permit holder by certified mail, return receipt requested, and first-class mail.

(3) The notice of proposed revocation shall:

(a) State the substance of the complaint or the regulation violated;

(b) Identify prior complaints or regulations violated;

(c) Give the permit holder an opportunity to provide a written explanation to the Division within 10 calendar days from the date the notice of proposed revocation is mailed to the permit holder; and

(d) State that failure of the permit holder to provide an explanation shall result in the Division sustaining the notice of proposed revocation.

(4) If the permit holder provides a timely explanation, the Division may accept or reject the explanation within 30 calendar days from the date the Division receives the explanation.

(5) If the Division accepts the explanation, the Division shall send written notice to the permit holder and cancel the proposed notice of revocation.

(6) If the Division rejects the permit holder's explanation, the:

(a) Division shall sustain the notice of proposed revocation;

(b) Division shall send written notice of the revocation to the permit holder by certified mail, return receipt requested, and first-class mail;

(c) Notice shall identify the permits revoked and the effective date of the revocation;

(d) Notice shall state the grounds for revocation;

(e) Notice shall inform the aggrieved permit holder that it may appeal the revocation within 10 calendar days from the date of the letter of revocation; and

(f) Division's decision shall become part of the permit holder's record maintained by the Division.

(7) If the permit holder fails to file a timely explanation, the notice in §E(6) of this regulation shall be mailed within 30 calendar days from the deadline by which the permit holder was required to submit the explanation.

(8) An aggrieved permit holder may appeal the revocation in accordance with Regulation .05-3 of this chapter.

(9) If the permit holder fails to file a timely appeal, the Division's decision is the final agency decision.

(10) During the revocation period, the Division may not issue a new permit to the permit holder.

(11) If no appeal is filed, within 10 calendar days of the date of the decision to revoke, the permit holder shall surrender to the Administration any permits revoked.

(12) The Division shall send a copy of a final agency decision revoking a permit to the Maryland Public Service Commission or the Office of Motor Carriers of the Federal Highway Administration.

(13) For a 1-year period following the effective date of the revocation, the Division may not issue a new permit to the permit holder.