Rule Chapter 14A-1.004, F.A.C., is being amended to clarify board procedures and to allow appearance by videoconference in accordance with Chapter 2015-103, Laws of Florida.

 

DEPARTMENT OF TRANSPORTATION

Commercial Motor Vehicle Review Board

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: Rule Chapter 14A-1.004, F.A.C., is being amended to clarify board procedures and to allow appearance by videoconference in accordance with Chapter 2015-103, Laws of Florida.

SUMMARY: Clarifies procedures to challenge citations before the commercial vehicle review board.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule is procedural and does not impose a regulatory cost.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 334.044(2) FS.

LAW IMPLEMENTED: 316.3025, 316.516, 316.550 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Thursday, May 12, 2016, 10:00 a.m.

PLACE: Florida Department of Transportation, Burns Building Auditorium, 605 Suwannee Street, Tallahassee, FL

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Susan Schwartz, Assistant General Counsel, Florida Department of Transportation, 605 Suwannee Street, Tallahassee, Florida 32399-0458, [phone], [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Schwartz, Assistant General Counsel, Florida Department of Transportation, 605 Suwannee Street, Tallahassee, Florida 32399-0458, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) 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. The schedule of meetings and locations is available on-line at www.dot.state.fl.us/trafficoperations/Traf_Incident/CMVRB/CMVRB.shtm.

(a) The Review Board will consider testimony or other evidence supporting the modification, cancellation, or revocation of penalties imposed pursuant to Section 316.516, 316.545, 316.550 or 316.3025, F.S.  Only penalties that have been paid will be considered by the Review Board. Penalties imposed as a result of a compliance review may be considered by the Review Board prior to payment in accordance with Rule Chapter 15B-15.002, F.A.C.

(b) The location and agenda of each meeting will be determined by the Chair of the Review Board. Any person may request that the review of his or her case be held at a specific location where city at which the Review Board is scheduled to meet or at the next available meeting 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 Rrequests for a specific location 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 will be heard at the next meeting, regardless of location.

(2) Agendas. The Chair of the Review Board will be responsible for the preparation and distribution of agenda items to be considered at the meeting, including 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 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 pursuant to Section 316.3025, 316.516, 316.545, or 316.550, F.S., considered by the Review Board shall file a written request for hearing. The request must include a copy of the citation, a letter explaining the grounds for the protest, proof of payment of fines in accordance with above paragraph (1)(a), and any supporting documentation.  Requests for a hearing should be e-mailed to: [e-mail], faxed to: 850-412-8029, or mailed to:CMVRB, 605 Suwannee Street, MS 90, Tallahassee, Florida 32399. The request must be received by the Review Board no later than 60 days from after the date on the Citation Notice of Violation.

(4) Appearances. Any person with a penalty imposed for a violation of Section 316.3025, 316.516, 316.545, or 316.550, F.S., that has complied with all applicable requirements of this rule may appear in person, through an authorized representative, or through legal counsel. Upon written request received at least fourteen days prior to the hearing, any person may appear by videoconference at any of the Department’s seven district offices located in: Chipley, Lake City, Deland, Tampa, Bartow, Ft. Lauderdale, and Miami

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

(b) The Review Board will sustain all penalties imposed when no testimony, written evidence, other evidence, or arguments are presented to the Review Board.

(5) Records. Meetings of the Review Board will be recorded and preserved for a minimum of two years after approval of the meeting minutes the period required by the Division of Library and Information Services, Department of State.

(6) Continuances. Requests to continue a matter scheduled for hearing for continuances 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. If during a scheduled meeting, the Review Board requires additional information to decide a matter, the Review Board will continue the matter to the next scheduled meeting to allow for presentation of additional information.

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

Rulemaking Authority 334.044(2) FS. Law Implemented 316.3025, 316.516, 316.545, 316.550 FS. History–New 4-26-89, Amended 8-5-96, 12-23-03, 2-24-13,                   .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Wilson, State Traffic Operations Engineer

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jim Boxold, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 21, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 9, 2015