Current through Vol. 41, No. 23, August 15, 2024
Section 595:35-1-7 - Investigations(a) The Commissioner's powers to authorize representatives to make investigations in carrying out the objectives of the Act are listed in 47 O.S. § 230.4. In stopping and inspecting a vehicle, as authorized under 47 O.S. § 230.4(4)(c), the representative may utilize the standards recommended by the Commercial Vehicle Safety Alliance to make the inspection and may further use the out of service criteria recommended by the Commercial Vehicle Safety Alliance to declare any driver, vehicle or container covered by the Act out of service.(b) The Act authorizes the entry upon business premises to examine records and properties to the extent that they pertain to enforcement of the Act. Those inspections: (1) shall be done during the course of a normal business day i.e. Monday-Friday, between 8:00 a.m. and 5:00 p.m., unless the parties agree to another time.(2) shall be done by a representative of the Commissioner at a time and date set by them. The representative may, but is not required to, provide advance notice to the motor carrier whose files are to be inspected.(3) will be of documents that pertain to the motor carrier's compliance with this Act and all rules adopted pursuant to the authority granted, and may include an inspection of any vehicles in the motor carrier's possession that are subject to compliance.(c) Investigations which are initiated pursuant to a complaint alleging an environmental insult will be promptly completed. Initial onsite contact will be made within seventy-two (72) hours. Should initial contact indicate support of the allegations, a thorough investigation will be conducted and completed within thirty (30) days of the initial onsite contact.Okla. Admin. Code § 595:35-1-7
Amended at 9 Ok Reg 2581, eff 6-26-92; Amended at 10 Ok Reg 3211, eff 6-25-93; Amended at 14 Ok Reg 3516, eff 8-12-97; Amended at 15 Ok Reg 3316, eff 7-13-98; Amended at 16 Ok Reg 3171, eff 7-12-99