1. (a) The Commission may suspend or revoke a permit issued under this Subchapter or order the suspension of the transportation of hazardous waste in Oklahoma by a motor carrier who has obtained a permit from another participating state under the uniform program if the Commission determines that a motor carrier has:

   1. (1) Committed a violation of 49 CFR, Parts 100 to 180, 382, 383, 387 or 390 to 397, while engaging in hazardous waste transportation if the violation posed an imminent hazard to the public or the environment;
   2. (2) Made a knowing falsification of a material fact in a uniform application;
   3. (3) Received an unsatisfactory safety rating from the Commission or the USDOT;
   4. (4) Failed to maintain proper liability insurance on file;
   5. (5) Failed to comply with requirements identified in this Subchapter;
   6. (6) Exhibited reckless disregard for the public and the environment; or,
   7. (7) Vehicle or driver out-of-service percentages higher than the national average.

2. (b) In determining if a motor carrier has exhibited reckless disregard for the public and the environment in violation of this Subchapter, the Commission shall consider;

   1. (1) Whether the motor carrier has engaged in a pattern of violations of 49 CFR, Parts 100 to 180, 382, 383, 387, or 390 to 397, or regulations governing the management of hazardous waste, while engaging in hazardous materials transportation, when the violations are viewed in relation to the number of truck-miles of hazardous material transportation and the number of vehicles in the motor carrier's fleet;
   2. (2) The actual or potential level of environmental damage resulting from an incident or a violation of the federal regulations referred to in this Section;
   3. (3) The response by the motor carrier to an incident or a violation of the federal regulations referred to in this Section;
   4. (4) The motor carrier's history of violations for the past three years;
   5. (5) Any mitigating factors;
   6. (6) Outstanding fines owed to the Commission or another state agency; and,
   7. (7) Other factors as justice requires.
3. (c) The Director of the Transportation Division may deny the issuance of a motor carrier's application based upon reasons as specified in this Section. An application may merit the Division's request for additional information from the motor carrier to show compliance with safety regulations.
4. (d) A motor carrier who wishes to contest a denial, suspension, or revocation is entitled to a hearing under the procedures as specified in the Commission's Rules of Practice, OAC 165:5.

Added at 18 Ok Reg 23, eff 10-11-00 (emergency)

Added at 18 Ok Reg 2384, eff 7-1-01