11.04.11.11

.11 False Statement in Permit Application.

A. If an application for a containerized cargo permit 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 the suspension as provided in Regulation .10 of this chapter, 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 specified will be accepted.

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

(3-1) After reviewing the record and any evidence submitted at any hearing, the Director, Office of Traffic and Safety, State Highway Administration, shall affirm, amend, or reverse the decision of the Unit.

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