Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 9 - VIOLATIONS › Section 165:30-3-76 - Contempt complaint

Current through Vol. 41, No. 20, July 1, 2024
In addition to the procedures set forth in the Oklahoma
					 Statutes and in the Commission's Rules of Practice, OAC 165:5 regarding the
					 procedure in proceedings as for contempt, the following procedures may be
					 followed for violations of this Chapter, and applicable statutes of Title 47
					 and Title 68:
(1) An enforcement
				  officer/compliance inspector/ rate field agent (hereinafter referred to as
				  "officer") of the Transportation Division may issue in the field a contempt
				  citation for any violation of this Chapter or any applicable state statute. The
				  officer shall furnish a copy of the citation to the person.
(2) The citation shall be in the form
				  prescribed by the Commission's Transportation Division.
(3) A person served with a contempt citation
				  may post bond or be released by the complaining officer upon personal
				  recognizance as provided herein. The person shall indicate a plea on the
				  citation, and sign the citation in the presence of the complaining officer. A
				  person served with a citation may elect to change this plea to the citation at
				  any time prior to and including the hearing date before the Administrative Law
				  Judge. Any person electing to plead not guilty shall appear at the time and
				  date set forth on the citation for a hearing on the matter before the
				  Administrative Law Judge and, if not appearing, forfeit the bond posted. All
				  Rules of Practice, OAC 165:5, of the Oklahoma Corporation Commission regarding
				  procedures for hearing shall apply to the hearings provided for herein, except
				  that the Administrative Law Judge may issue either an oral or written
				  recommendation to the Commission en banc on the matter.
(A) The Commission shall accept bond payment
				  of a fine in the form of cash, certified check, cashier's check, certified or
				  guaranteed bank check, postal or commercial money order, guaranteed arrest bond
				  certificate or any other form of payment accepted by the Commission. Such
				  payment shall be in full satisfaction of the violation asserted in the
				  complaint and the allegations and charges therein will be taken as confessed.
				  The guaranteed arrest bond certificate must have been issued by either a
				  trucking services club or surety company, officially authorized to issue such
				  bonds for trucking violations in Oklahoma by the State Insurance Commission, or
				  a trucking association authorized to transact business in Oklahoma by the State
				  Insurance Commission. The guaranteed arrest bond certificate shall be signed by
				  the person to whom it is issued and shall contain a printed statement that such
				  surety company, trucking association or trucking services club guarantees to
				  pay the fine imposed on such person.
(B) Any person may be released by the
				  complaining officer on personal recognizance if the person is unable to post a
				  bond and the person has been issued a valid license to operate the motor
				  vehicle they are operating, by Oklahoma, or by another state jurisdiction
				  within the United States, or by any party jurisdiction of the Nonresident
				  Violator Compact; and the complaining officer is satisfied as to the identity
				  of the person receiving the citation. A person released on personal
				  recognizance shall post a bond with the Commission within ten (10) days of the
				  writing of the citation. Failure to do so may result in detention of equipment
				  or revocation of authority.
(C) The
				  failure to timely appear at the hearing at the time and date set forth on the
				  citation may result in a request for suspension of the person's driver's
				  license in Oklahoma, or in the nonresident's home state pursuant to the
				  Nonresident Violator Compact. The Commission's Transportation Division shall
				  report all such requests for suspension to the Department of Public Safety
				  which shall proceed as provided for by the provisions of Section 1115.5 of
				  Title 22 of the Oklahoma Statutes.
(D) The violations for which fines shall be
				  accepted and amounts thereof shall be as follows:
(i) Operating as a motor carrier without
				  proper authority:
(I) First violation within a
				  12-month period - $300.00
(II)
				  Second violation within a 12-month period - $400.00
(ii) Operating without carrying /producing a
				  valid copy of the authority, permit, vehicle registration, fuel license,
				  oversize or overweight permit, or display of fuel decal or identification
				  device:
(I) First violation within a 12-month
				  period - $125.00
(II) Second
				  violation within a 12-month period - $200.00
(iii) Operating as a motor carrier carrying
				  or producing an altered or fraudulent authority, oversize or overweight permit,
				  vehicle registration, fuel license or license plate:
(I) First violation within a 12-month period
				  - $1,000.00
(II) Second violation
				  within a 12-month period - $1,500.00
(III) Third violation within a 12-month
				  period - $2,000.00
(iv)
				  Operating a commercial vehicle in excess of its registered weight by two
				  thousand one (2,001) pounds or more:
(I) First
				  violation within a 12-month period - $175.00
(II) Second violation within a 12-month
				  period - $250.00
(v)
				  Transportation of a deleterious substance(s) without a current deleterious
				  substance transport permit:
(I) First
				  violation within a 12-month period - $300.00
(II) Second violation within a 12-month
				  period - $400.00
(vi)
				  Operating a vehicle without proper registration:
(I) First violation within a 12-month period
				  - $175.00
(II) Second or third
				  violation within a 12-month period - the amount as shown in (vi) above plus an
				  amount as reflected in 47 O.S. §
													1133
(vii) Operating motor
				  vehicle without proper markings on vehicle:
(I) First violation within a 12-month period
				  - $175.00
(II) Second violation
				  within a 12-month period - $250.00
(viii) Operating a commercial motor vehicle
				  without a valid fuel permit:
(I) First
				  violation within a 12-month period - $175.00
(II) Second violation within a 12-month
				  period - $250.00
(ix)
				  Operating motor vehicle without valid lease agreement in vehicle:
(I) First violation within a 12-month period
				  - $125.00
(II) Second violation
				  within a 12-month period - $200.00
(x) Operating motor vehicle without proper
				  shipping or cargo ownership documentation in vehicle:
(I) First violation within a 12-month period
				  - $125.00
(II) Second violation
				  within a 12-month period - $200.00
(xi) Failure to yield for inspection:
(I) First violation within a 12-month period
				  - $150.00
(II) Second violation
				  within a 12-month period - $200.00
(xii) Operating as an interstate motor
				  carrier while placed out of service by a federal agency:
(I) First violation within a 12-month period
				  - $300.00
(II) Second violation
				  within a 12-month period - $400.00
(xiii) Operating as a transporter of
				  hazardous waste without proper registration/permit:
(I) First violation within a 12-month period
				  - $350.00
(II) Second violation
				  within a 12-month period - $500.00
(xiv) Operating as an interstate motor
				  carrier, freight forwarder, broker or leasing company without paying the
				  appropriate UCR fee:
(I) First violation
				  within a 12-month period - $300.00
(II) Second violation within a 12-month
				  period - $400.00
(xv)
				  Operating as an interstate motor carrier, freight forwarder, leasing company or
				  broker without an active USDOT number:
(I)
				  First violation within a 12-month period - $300.00
(II) Second violation within a 12-month
				  period - $400.00
(xvi)
				  Operating as an interstate motor carrier, freight forwarder, leasing company or
				  broker without proper federal authority:
(I)
				  First violation within a 12-month period - $300.00
(II) Second violation within a 12-month
				  period - $400.00
(xvii)
				  Operating as motor carrier, carrier, freight forwarder, leasing company or
				  broker without proper insurance on file:
(I)
				  First violation within a 12-month period - $300.00
(II) Second violation within a 12-month
				  period - $400.00
(xviii)
				  Operating oversize without a proper oversize permit; operating as an escort
				  service without proper certification or violating its certification; failure to
				  secure load; or failure to carry or produce a valid insurance security
				  verification form, if required:
(I) First
				  violation within a 12-month period - $175.00
(II) Second violation within a 12-month
				  period - $250.00
(xix)
				  Refusal to weigh vehicle - $500.00
(xx) Operating a commercial vehicle in excess
				  of its legal weight- amount as specified by state statute, or:
(I) From 700 to 2,000 pounds -
				  $200.00
(II) From 2,001 to 3,000
				  pounds - $250.00
(III) From 3,001
				  to 4,000 pounds - $300.00
(IV) From
				  4,001 to 5,000 pounds - $350.00
(V)
				  From 5,001 to 6,000 pounds - $400.00
(VI) From 6,001 to 7,000 pounds -
				  $450.00
(VII) From 7,001 pounds and
				  above - $500.00
(xxi)
				  Violating a special permit or a variance permit - $100.00
(xxii) Other violations, unless otherwise
				  specified by the Oklahoma Statutes or by the Oklahoma Bond Schedule:
(I) First violation within a 12-month period
				  - $175.00
(II) Second violation
				  within a 12-month period - $250.00
(xxiii) The third violation within a
				  twelve-month period of units (i) through (xviii) of the subparagraph, unless
				  otherwise specified by the Oklahoma Statutes or the rules of this Subchapter,
				  shall result in a contempt fine of $500.00. In addition, the Commission may
				  suspend or revoke a motor carrier's authority, registration or
				  permit.
(E) Every
				  officer is authorized to serve process in motor carrier, private carrier and
				  other Commission related matters.