11.04.11.10

.10 Suspension.

A. If a permittee has violated these regulations, or the terms of a permit two times within a 6-month period, the Unit may suspend for 30 days the permittee from use of a containerized cargo permit issued and outstanding.

B. If a permittee has violated these regulations, or the terms of a permit three times within a 12-month period, the Unit may suspend for 60 days the permittee from use of a containerized cargo permit issued and outstanding.

C. If a permittee has violated these regulations, or the terms of a permit more than three times within a 12-month period, the Unit may revoke permanently the permittee from use of a containerized cargo permit.

D. Procedures.

(1) The Unit determines initially all violations of these regulations or the terms of a permit.

(2) If the Unit determines that there has been a violation, it shall notify the permittee by certified mail of the specific violations, of a period of suspension, of a revocation, and of 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 with the Director, Office of Traffic and Safety, State Highway Administration. An appeal will not be accepted unless it is in writing and filed within the prescribed time limit.

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

(5) After reviewing the record and any evidence submitted at a hearing, the Director 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.