11.04.01.11

.11 False Statement in Permit Application.

A. If an application for a permit for movement of an oversize or overweight vehicle contains a false statement of a material fact, the Unit may deny that permit and any future permits to the permittee.

B. Procedures.

(1) If the Unit determines that an application contains a false statement of a material fact, the Unit shall notify the permittee by certified mail of its determination, the status of suspension from future permits, the duration of that suspension as provided in COMAR 11.04.01.10, and the opportunity for appeal and to be heard.

(2) 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 time frame specified will be accepted.

(3) 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.

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

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