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Amendment to Agency Rules of Practice

Final rule.
The Federal Motor Carrier Safety Administration (FMCSA) amends its Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials proceedings. The Agency clarifies that paying the full proposed civil penalty in an enforcement proceeding, either in response to a Notice of Claim (NOC) or later in the proceeding, does not allow respondents to unilaterally avoid an admission of liability for the violations charged. Additionally, the Agency establishes procedures for issuing out-of- service orders to motor carriers, intermodal equipment providers, brokers, and freight forwarders it determines are reincarnations of other entities with a history of failing to comply with statutory or regulatory requirements; these procedures will provide for an administrative review before the out-of-service order takes effect. Finally, the Agency establishes a process for consolidating Agency records of reincarnated companies with their predecessor entities.
77 FR 24863

Details

04/26/2012
05/29/2012
N/A
2012-10162
2126-AB38
FMCSA-2011-0259
386

Related Topics

  • Administrative practice and procedure
  • Brokers
  • Freight forwarders
  • Hazardous materials transportation
  • Highway safety
  • Motor carriers