1. (a) The director or the director's designee will determine whether the department will request the Texas Department of Transportation to revoke a registration issued by the Texas Department of Transportation based upon the department's compliance review or safety audit. The director or the director's designee will determine whether the department will request the Texas Department of Transportation to take administrative action against a carrier required to register with the Texas Department of Transportation under Chapter 643 of the Texas Transportation Code.

2. (b) This determination may be based upon the following:

   1. (1) an unsatisfactory safety rating under Title 49, Code of Federal Regulations, Part 385; and/or
   2. (2) not properly registering as a motor carrier with the Texas Department of Transportation as required in Texas Transportation Code, Chapter 643.
3. (c) Once the determination has been made the director or the director's designee will forward a letter to the executive director of the Texas Department of Transportation requesting said department initiate an administrative action against the motor carrier.
4. (d) Any administrative action initiated by the Texas Department of Transportation, pursuant to this section, shall be administered in the manner specified by the rules of the Texas Department of Transportation.

Source Note:The provisions of this §4.19 adopted to be effective March 9, 2004, 29 TexReg 2376.