Ariz. Admin. Code § 17-5-212

Current through Register Vol. 30, No. 50, December 13, 2024

Section R17-5-212 - Motor Carrier Safety: Hearing Procedure

A. Scope.

1. This Section applies only to a motor carrier enforcement action under:

a.R17-5-201 through R17-5-209; and

b. A.R.S. Title 28, Chapter 14.

2. In an enforcement hearing involving a manufacturer, motor carrier, shipper, or driver under this Section, the Department shall follow the procedures prescribed under 17 A.A.C. 1, Article 5, except as modified under subsections (B) and (C).

B. Initiation of proceedings; service.

1. The Director shall initiate a hearing under this Section by:

a. Signing and serving a complaint in the form prescribed under subsection (C) that cites a manufacturer, motor carrier, shipper, or driver for an alleged violation; and

b. Submitting to the Department's Executive Hearing Office a copy of the complaint and notification of the date the complaint was served.

2. The date of service is the date of mailing.

C. Complaint; order to show cause.

1. The complaint shall contain the following:

a. The Department as the designated petitioner;

b. The respondent's name and the basis of fact for the complaint, including a listing of any alleged violation of statute or rule;

c. The relief sought by the Department; and

d. A copy of the written violation notice issued by a law enforcement agency to the respondent, if applicable.

2. Upon receipt of a copy of a complaint in compliance with subsections (B) and (C)(1), the Executive Hearing Office shall issue an order to show cause for a respondent to appear at an administrative hearing to explain why the requested relief should not be granted.

3. The Executive Hearing Office shall hold a hearing under this Section within the time-frame required by statute.

4. The parties may resolve a complaint before the hearing date.

a. The parties shall file notice of settlement with the Executive Hearing Office.

b. Complaint settlement terminates the right of both petitioner and respondent to receive additional administrative review.

Ariz. Admin. Code § R17-5-212

New Section recodified from R17-4-440 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 4230, effective November 15, 2002 (Supp. 02-3). Amended by final rulemaking at 17 A.A.R. 1691, effective August 2, 2011 (Supp. 11-3). Amended by final rulemaking at 24 A.A.R. 1549, effective 5/1/2018. Amended by final rulemaking at 27 A.A.R. 2734, effective 11/2/2021.