Rule 515-16-14-.04 - Notice of Noncompliance(1) The Commission shall issue, by U.S. Mail or personal service, a Notice of Noncompliance to a person or carrier upon determination that the carrier or person has willfully: (a) Violated any transportation laws administered by the Commission;(b) Violated any rules or regulations administered by the Commission; or(c) Failed, neglected or refused to comply with any order after receiving notice thereof.(2) The Notice of Noncompliance shall include: (a) Time, place, and nature of the hearing;(b) Concise statement of violations and applicable statutes and regulations;(c) Statement of the legal authority and jurisdiction under which the Notice of Compliance has been issued;(d) Case name and number;(e) Notice of amount claimed and notice of the maximum amount authorized pursuant to applicable statutory provisions;(f) Statement as to the right of the carrier or person to subpoena witnesses and evidence through the agency;(g) Statement regarding the carrier's or person's right to pay the penalties assessed or, within thirty (30) days of receipt of the Notice of Noncompliance, request a hearing to contest the imposition of the penalties.(h) Such notice shall be deemed received three (3) days after mailing.(3) In the event that the carrier or person fails to request a hearing within thirty (30) days' receipt of the Notice of Noncompliance: (a) Any rights to an appeal and hearing shall be considered to have been waived; and(b) The assessed penalties shall become effective upon the expiration of the thirty (30) day notice period.Ga. Comp. R. & Regs. R. 515-16-14-.04
Authority O.C.G.A. Secs. 46-2-91, 46-7-90, 46-7-91.
Original Rule entitled "Notice of Noncompliance" adopted. F. June 10, 2008; eff. June 30, 2008.