<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".10" citation="COMAR 11.04.01.10" title_num="11" subtitle_num="04" chapter_num="01" heading="Suspension and Revocation of Hauling Permits.">
  <paragraph num="A.">
    <text>If a permittee has violated the regulations under COMAR 11.04.01—11.04.04, or the terms of any permit issued to the permittee, two times within any 6-month period, the Unit may suspend for 30 days the use of any hauling permit requested by or issued to the permittee and outstanding.</text>
  </paragraph>
  <paragraph num="B.">
    <text>If a permittee has violated the regulations under COMAR 11.04.01—11.04.04, or the terms of any permit issued to the permittee, three times within any 12-month period, the Unit may suspend for up to 90 days the use of any hauling permit requested by or issued to the permittee and outstanding.</text>
  </paragraph>
  <paragraph num="C.">
    <text>If a permittee has violated the regulations under COMAR 11.04.01—11.04.04, or the terms of any permit issued to the permittee, more than three times within any 12-month period, the Unit may suspend for up to 120 days the use of a special hauling permit, and may revoke permanently any blanket hauling permit or any book permit issued to the permittee and outstanding.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A permittee, whose blanket hauling permit or book permit has been suspended or revoked, may apply for a special hauling permit. The Unit will consider the request, but the determination on whether to issue a permit will be based on a case by case basis.</text>
  </paragraph>
  <paragraph num="D-1.">
    <text>If a permittee violates the weight restrictions of an exceptional hauling permit that exceeds 5,000 pounds and the permit is confiscated, on notification of the confiscation, the Unit shall:</text>
    <paragraph num="(1)">
      <text>Review the circumstances of the confiscation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Verify that a weight violation did occur; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Revoke the permit if the weight violation exceeds the allowable permit weight by more than 5,000 pounds.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Procedures.</text>
    <paragraph num="(1)">
      <text>The Unit determines initially all violations of the regulations under COMAR 11.04.01—11.04.04 or the terms of any permit.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the Unit determines that there has been a violation, it shall notify the permittee by certified mail of the specific violations, the period of suspension or revocation, and the opportunity for appeal and to be heard.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The permittee has 7 business days from receipt of the written notice of violation to file a written appeal to the Director, Office of Traffic and Safety, State Highway Administration. Only a written appeal filed within the timeframe specified will be accepted.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If an appeal is filed, the Director, Office of Traffic and Safety, shall review the entire record relating to any violation charged. If the appellant specifically requests a hearing, the Director, Office of Traffic and Safety, shall grant a hearing. If the appellant fails to appear at the hearing, the Director, Office of Traffic and Safety, may proceed by a review of the record.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>After reviewing the record and any evidence submitted at any hearing, the Director, Office of Traffic and Safety, shall affirm, amend, or reverse the findings of the Unit.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The decision of the Director, Office of Traffic and Safety, is the final decision of the State Highway Administration.</text>
    </paragraph>
  </paragraph>
</regulation>