Rule 672-2-.09 - Revocation, Suspension of, Denial for Application or Renewal of Permits(1) Authority to revoke, suspend, or deny permits. The Oversize Permit Unit, State Department of Transportation, is hereby designated by the Commissioner of said Department as the official authorized to refuse, cancel, suspend or revoke the permit requested by an applicant or issued to a person/company.(2) Reasons for justifying revocation, suspension, or denial of permit. Permits may be revoked, suspended, or denied for just cause, including but not limited to any one of the following reasons: (a) Repeated past violations by the person/company or applicant, of a relatively minor nature;(b) A single, but aggravated violation including, but not limited to, damage to public or private property, violations of safety requirements for police escorts, escort vehicles and lights, hours and days of operation, insurance requirements, reduced visibility, snow or ice conditions, braking axles, oversize load signs and willful deviation from the routes specified on a permit or allowed by a permit.(c) A material misrepresentation made by the applicant for the intent of alteration of any original permit produced by the Department, by adding, deleting or changing any character, word, number, field or entry. Items added by routine fax transmission, such as company name, date and time shall not be considered as alterations.(d) Failure to make payment in full for any fee assessments or taxes owed to the State of Georgia; or(e) Any actions by the applicant or company that displays a total disregard for the safety of the traveling public or damages caused to state and or private property including but not limited to public roads, bridges, signs & traffic signals.(3) Penalties for violations of this subsection are: (1) first offense within a two-year period, 90 days suspension; (2) second offense within a two-year period, 180 days suspension;(3) third offense within a two-year period, 1 year suspension. Before the suspension for permits becomes final, the person who requested the permit shall have the right to an administrative hearing under the Georgia Administrative Procedure Act and Rule 672-1-.05 of the Rules of the State Department of Transportation. In the event of a hearing request, the suspension of the permit shall become effective as of the date of the order which finally disposes of the administrative review.(4) Appeal from revocation, suspension, denial of application, or renewal of permit. The procedure for appealing an adverse action by the Oversize Permit Unit is governed by Chapter 672-1, Rules of the State Department of Transportation.Ga. Comp. R. & Regs. R. 672-2-.09
O.C.G.A. Sec. 32-2-2, 32-6-28, 32-6-90, 50-13-4.
Original Rule entitled "Revocation, Suspension of, Denial for Application or Renewal of Permits" adopted. F. Aug. 9, 1973; eff. Aug. 29, 1973.Amended: ER. 672-2-0.2-.09 adopted. F. and eff. July 1, 1977, the date of adoption.Amended: Permanent Rule adopted. F. Aug. 10, 1977; eff. Aug. 30, 1977.Amended: F. Sept. 6, 1978; eff. Sept. 26, 1978.Amended: F. July 24, 1980; eff. August 13, 1980.Amended: F. Aug. 11, 1986; eff. Aug. 31, 1986.Amended: F. May 24, 1994; eff. June 13, 1994.Amended: F. July 23, 1996; eff. August 12, 1996.Amended: F. June 2, 1998; eff. June 22, 1998.Amended: F. Aug. 23, 1999; eff. Sept. 12, 1999.Amended: F. Oct. 23, 2001; eff. Nov. 12, 2001.Amended: F. Oct. 19, 2011; eff. Nov. 8, 2011.