Ga. Comp. R. & Regs. R. 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.
Notes
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