The amendments to this rule are being made to clarify language and update the legal authorities cited.

 

DEPARTMENT OF TRANSPORTATION
Commercial Motor Vehicle Review Board

RULE NO.: RULE TITLE:
14A-1.004: Meetings of the Commercial Motor Vehicle Review Board
PURPOSE AND EFFECT: The amendments to this rule are being made to clarify language and update the legal authorities cited.
SUBJECT AREA TO BE ADDRESSED: These amendments address the clarity and legal authority of the rule.
RULEMAKING AUTHORITY: 334.044(2) FS.
LAW IMPLEMENTED: 316.3025, 316.516, 316.545, 316.550 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Deanna R. Hurt, Assistant General Counsel, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458, [e-mail].

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

14A-1.004 Meetings of the Commercial Motor Vehicle Review Board.

(1) The Commercial Motor Vehicle Review Board (Review Board) meetings shall be scheduled as often as necessary, based upon a sufficient number of requests for review to justify the expense of holding a meeting, but in no case shall there be less than six meetings a year.

(a) The Review Board will shall consider testimony or other evidence supporting the which supports modification, cancellation, or revocation of penalties imposed pursuant to Section 316.516, 316.545, 316.550, or 316.3025, F.S Florida Statutes. Only penalties that which have been paid will be considered by the Review Board. Provision for a Review Board hearing on Ppenalties imposed assessed as a result of a compliance review may be considered by the Review Board prior to payment is found in accordance with Rule 15B-15.002 Chapter 14-108, F.A.C.

(b) The location of each meeting will shall be determined by the Review Board. Any person may request that the review of his or her case be held at a specific city at which the Review Board regularly meets. For his or her convenience, any person may request to be heard at the next meeting held in the geographic area of the state in which his or her principal place of business is located. Any person may also request to be heard at the next meeting of the Review Board, regardless of geographic area. These requests must be made in writing and be received by the Review Board no less than 14 days prior to the scheduled meeting.

(c) Notwithstanding paragraph (b) above, cases involving requests for Review Board consideration of unpaid penalties imposed for violations found during a compliance review will be heard at the next meeting, regardless of location.

(2) Agendas. The Chair of the Review Board will shall be responsible for the preparation and distribution of agenda items to be considered at the meeting, including and the time and place of such meeting, to Review Board members at least 14 days prior to the meeting.

(a) Changes may be made to the order or content of the agenda by the Chair of the Review Board after it has been made available for distribution, for good cause and as stated in the record.

(b) Copies of the agenda may be obtained from the Review Board, upon verbal or written request. Requests must be received at least seven days prior to the scheduled meeting. Agendas will also be posted on the Department’s website at http://www.dot.state.fl.us

(3) Timely Written Request for Hearing. Any person who wishes to have a penalty that was imposed which was issued pursuant to Section 316.3025, 316.516, or 316.545, or 316.550, F.S Florida Statutes, considered by the Review Board shall file a written request for hearing before the Review Board. The request must be received by the Review Board no later than 60 days after the date on the Notice of Violation.

(4) Appearances. Any person with Persons, firms, or corporations assessed a penalty imposed for a violation violations of Section 316.3025, 316.516, or 316.545, or 316.550, F.S Florida Statutes, that has have complied with all applicable requirements of this rule may shall appear in person, through an authorized representative, or through legal counsel.

(a) Any person Persons requesting a hearing, who will not be present or represented, shall submit evidence or arguments no less than 14 days prior to the scheduled hearing.

(b) The Review Board will shall sustain all penalties imposed when where no testimony, written evidence, other evidence, or arguments are presented to by the person requesting an appearance before the Review Board.

(5) Records. Meetings of the Review Board will shall be stenographically or mechanically recorded and shall be preserved for the period required by the Division of Library and Information Services, Department of State.

(6) Continuances. Requests for continuances by any person shall be in writing and must be received by the Review Board at least seven days prior to the scheduled meeting. Continuances will be based upon good cause being shown. The Review Board, at its discretion shall grant continuances for good cause shown.

(7) Decisions. The Review Board will shall render its decision and notifythe person requesting the hearing within 30 days after the hearing, and shall notify the person requesting the hearing of its decision in writing. The written notice of the Review Board’s decision will be in writing and shall contain a statement that the decision is final. A rehearing may be requested when if additional evidence will be is presented, pursuant to a request from the Review Board.

Rulemaking Specific Authority 334.044(2) FS. Law Implemented 286.011, 316.3025, 316.516, 316.545, 316.550 FS. History–New 4-26-89, Amended 8-5-96, 12-23-03,               .