11.04.01.10

.10 Suspension and Revocation of Hauling Permits.

A. If a permittee has violated the regulations under COMAR 11.04.01—11.04.04, or the terms of any permit issued to the permittee, two times within any 6-month period, the Unit may suspend for 30 days the use of any hauling permit requested by or issued to the permittee and outstanding.

B. If a permittee has violated the regulations under COMAR 11.04.01—11.04.04, or the terms of any permit issued to the permittee, three times within any 12-month period, the Unit may suspend for up to 90 days the use of any hauling permit requested by or issued to the permittee and outstanding.

C. If a permittee has violated the regulations under COMAR 11.04.01—11.04.04, or the terms of any permit issued to the permittee, more than three times within any 12-month period, the Unit may suspend for up to 120 days the use of a special hauling permit, and may revoke permanently any blanket hauling permit or any book permit issued to the permittee and outstanding.

D. A permittee, whose blanket hauling permit or book permit has been suspended or revoked, may apply for a special hauling permit. The Unit will consider the request, but the determination on whether to issue a permit will be based on a case by case basis.

D-1. If a permittee violates the weight restrictions of an exceptional hauling permit that exceeds 5,000 pounds and the permit is confiscated, on notification of the confiscation, the Unit shall:

(1) Review the circumstances of the confiscation;

(2) Verify that a weight violation did occur; and

(3) Revoke the permit if the weight violation exceeds the allowable permit weight by more than 5,000 pounds.

E. Procedures.

(1) The Unit determines initially all violations of the regulations under COMAR 11.04.01—11.04.04 or the terms of any permit.

(2) If the Unit determines that there has been a violation, it shall notify the permittee by certified mail of the specific violations, the period of suspension or revocation, and the opportunity for appeal and to be heard.

(3) The permittee has 7 business days from receipt of the written notice of violation to file a written appeal to the Director, Office of Traffic and Safety, State Highway Administration. Only a written appeal filed within the timeframe specified will be accepted.

(4) If an appeal is filed, the Director, Office of Traffic and Safety, shall review the entire record relating to any violation charged. If the appellant specifically requests a hearing, the Director, Office of Traffic and Safety, shall grant a hearing. If the appellant fails to appear at the hearing, the Director, Office of Traffic and Safety, may proceed by a review of the record.

(5) After reviewing the record and any evidence submitted at any hearing, the Director, Office of Traffic and Safety, shall affirm, amend, or reverse the findings of the Unit.

(6) The decision of the Director, Office of Traffic and Safety, is the final decision of the State Highway Administration.