Rule 570-38-1-.10 - Notice Under this Chapter(1) Except to the extent otherwise required by law or as provided in this Chapter, where notice under this Chapter is required to an applicant or carrier, notice shall be achieved by certified mail to the most recent address provided by the applicant or carrier to the Department in accordance with this Chapter or, in the case of non-resident motor carriers, to the agent or agents designated by the applicant or carrier in accordance with O.C.G.A. § 40-1-117.(2) As required by O.C.G.A. § 40-1-56, notice to a carrier or applicant of a violation or violations of law or Departmental rule(s), regulation(s) or order(s) which impose a civil penalty upon the applicant or carrier shall be made by personal service upon the violator.(3) Except to the extent otherwise required by law, an applicant or carrier may waive formal notice by acknowledging receipt by any other means of any document(s) or materials that would otherwise require notice by certified mail or by specifically requesting in writing that notice be provided by first-class mail, fax, or e-mail.(4) Notice under this Rule shall be deemed effective by the earliest of the following dates: (a) For notice by personal service, the date upon which personal service is made;(b) For service by certified mail, the earlier of:1. The date upon which delivery by certified mail to the party to be notified is made; or2. Three days after notice is sent by certified mail to the party to be notified;(c) For any form of service, the date upon which the party to be notified acknowledges receipt of the documents or materials to be served by any other means; or(d) In the event an applicant or carrier has specifically requested in writing that notice be provided by some other means: 1. Three days after notice is sent for notice sent by first-class mail; and2. The date notice is sent for notice sent by e-mail or fax.Ga. Comp. R. & Regs. R. 570-38-1-.10
O.C.G.A. §§ 40-1-54; 50-1-56; 40-1-56.1; 40-1-164.
Original Rule entitled "Notice Under this Chapter" adopted. F. Apr. 21, 2020; eff. May 11, 2020.