1. (a) Certification of inspectors. In accordance with Transportation Code, Chapter 643, the executive director or designee will designate department employees as certified inspectors for the purpose of entering the premises of a motor carrier to copy or verify documents required by this section to be maintained by the motor carrier. The executive director or designee shall provide credentials to certified inspectors identifying them as department certified inspectors.

2. (b) Inspections.

   1. (1) A motor carrier shall admit a certified inspector access to the carrier's premises to conduct inspections or investigations of alleged violations of this chapter, Transportation Code, Chapters 643 and 645. The motor carrier shall provide adequate work space with reasonable working conditions, and allow the certified inspector to copy and verify records and documents required to be maintained by the carrier under §218.32 of this subchapter (relating to Motor Carrier Records).
   2. (2) The certified inspector may conduct inspections and investigations during normal business hours unless mutual arrangements have been made otherwise.
   3. (3) The certified inspector will present his or her credentials and a written statement from the department to the motor carrier indicating the inspector's authority to inspect and investigate the motor carrier.

3. (c) Access. A motor carrier shall provide access to requested records and documents at:

   1. (1) the motor carrier's principal place of business; or
   2. (2) a location agreed to by the department and the motor carrier.
4. (d) Designation of meeting time. If the motor carrier's normal business hours do not provide the access necessary for the investigator to conduct the investigation and the parties cannot reach an agreement as to a time to meet to access the records, the department shall designate the time of the meeting by certified mail or facsimile.

Source Note:The provisions of this §218.31 adopted to be effective February 4, 2010, 35 TexReg 663.