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Persons and motor carriers subject to Transportation Code, Chapters 621, 622 or 623, are required to maintain certain information and records and provide access to any such records to department investigators for examining and inspecting these records.

All records and information required by the department shall maintain at the principal place of business for not less than two years. These records shall include:

• operational logs, insurance certificates and documents to verify the person's operations;

• complete and accurate records of services performed; • all certificate of title documents, shipper's certificate of

weight, including information used to support the shipper’s certificate of weight, weight tickets, permits for oversize or overweight vehicles and loads, dispatch records, load tickets, waybill or any other document that verify the operations of the vehicle to determine the actual weight, insurance coverage, size or capacity of the vehicle, and the size or weight of the commodity being transported.

Copies of the oversize or overweight permit shall be maintained in the vehicle for which the permit was issued during the period that the permit is required. The permit shall be presented to a department inspector or any other authorized government personnel upon demand.

Inspections.

• A person shall give an inspector access to the person’s premises to conduct inspections or investigations of an alleged violation of 43 TAC Chapter 28, or

Transportation Code, Chapters 621, 622 or 623. The person shall provide adequate workspace with reasonable working conditions and shall allow the inspector to copy and verify records and documents. • Inspections and investigations will be conducted

during normal business hours unless mutual arrangements have been made otherwise.

• The inspector will present to the person the inspector’s credentials and a written statement from the

department indicating the inspector's authority to conduct the investigation.

Regional office or driver work-reporting location. All

records and documents required by this subchapter which are maintained at the regional office or driver work- reporting location shall be made available for inspection upon request at the motor carrier’s principal place of business or other location specified by the department within 48 hours after a request is made.

Enforcement

Administrative penalties. The department may impose an

administrative penalty against a person who:

• Provides false information on a permit application • Violates Transportation Code, Chapters 621, 622 or

• Fails to obtain an oversize overweight permit • Violates an order adopted under TAC Chapter 28 or

Transportation Code, Chapters 621, 622 or 628. The amount of the penalty may not exceed $5,000 per violation, unless it is found the person knowingly

committed the violation at which time the penalty may not exceed $15,000. If it is found that a person knowingly committed multiple violations, the penalty may be in an amount not to exceed $30,000, based on the following factors:

• Seriousness of the violation

• Economic harm to property or the environment • History of previous violations

• Amount necessary to deter future violations • Efforts made to correct the violation and • Other matters that justice may require.

Administrative sanctions. The department may revoke,

suspend, or deny an oversize or overweight permit if the person

• Provides false information on a permit application • Violates Transportation Code, Chapters 621, 622 or

623 or any adopted orders of these chapters • Fails to obtain an oversize overweight permit • Violates an order adopted under TAC Chapter 28 or

Transportation Code 621, 622, 623.

The department may probate a suspension upon review of • Seriousness of the violation

• Prior violations

• Prior probated suspensions for the person

• Cooperation by the person in the investigation and enforcement proceeding; and

• Ability of the person to correct the violation. The length of the probation will be based on the seriousness of the violation. During the probation, the

person will be required to report to the department on a monthly basis. The department may revoke the probation and impose a deferred administrative penalty if the person fails to abide by the terms of the probation.

Nonpayment of penalties. The department may not issue

an oversize or overweight permit to the person who has not paid an administrative penalty that is due or for the vehicle that is the subject of the enforcement order until the amount of the delinquent administrative penalty has been paid to the department.

Proceedings. If the department decides to take an

enforcement action under this subchapter, the department shall, in writing give notice to the person whom the action is being taken. That notice must include:

• Summary of alleged violation

• Statement of each enforcement action being taken • Effective date of each enforcement action

• A statement informing a person of their rights to request a hearing

• A statement describing the procedure for requesting a hearing. • A statement that the proposed penalties and sanctions

will take effect on the date specified in the letter if the person fails to request a hearing.

The person must submit a written request for a hearing not later than the 26th day after the date the notice is mailed. On receipt of the written request, the department will refer to the State Office of Administrative Hearings. When the hearing is set, the department will notify the person of time and place of hearing. If the person does not make a written request for a hearing, or enter into a settlement agreement before the 27th day after the date that the notice is mailed, the department’s decision becomes final and unappealable.

False information on certificate by shipper. The

department may investigate and impose an administrative penalty on a shipper who provides false information on a shipper’s certificate of weight. The amount of such penalty is calculated in the same manner as other administrative penalties.