The amendments to this rule are being made to clarify language concerning the prepayment of penalties prior to appearing before the Commercial Motor Vehicle Review Board to seek modification, cancellation or revocation of ....

 

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: The amendments to this rule are being made to clarify language concerning the prepayment of penalties prior to appearing before the Commercial Motor Vehicle Review Board to seek modification, cancellation or revocation of penalties imposed, and to update the legal authorities cited.

SUMMARY: Clarifies procedures to challenge citations before the Commercial Motor 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), 316.535(7), 316.550(6), F.S.

LAW IMPLEMENTED: 316.3025, 316.516, 316.545, 316.550, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Shine, Assistant General Counsel, Department of Transportation, 605 Suwannee Street, Tallahassee, FL 32399, [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.fdot.gov/traffic/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 Sections 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 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 the Review Board is scheduled to meet or at the next available meeting. Requests 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.

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, 6-22-16, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeff Frost, CVO Program Manager

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Kevin Thibault, P.E.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 8, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 10, 2021