19A NCAC 02D .0633. DENIAL: REVOCATION: REFUSAL TO RENEW: APPEAL: INVALIDATION

(a)  An oversize or overweight permit may be revoked and considered void by the Chief Engineer or his designee upon inspection and written documentation that the permittee violated the terms and conditions of the permit, or state and local laws and ordinances regulating the operation of oversize and overweight vehicles.  A permit may also be revoked or considered void if information on the permit application is misrepresented, if the permit is obtained fraudulently, if the permit is altered, or if the permit is used in an unauthorized manner.  Permits may be revoked or considered void by the Chief Engineer or his designee if the vehicle or vehicle combination is found by a law enforcement officer to be operating in violation of the authorized route of travel, time of movement, escort requirements, axle weights, number of axles, or any other special conditions of the permit that may damage North Carolina highway infrastructure or create unsafe travel conditions for the motoring public.  A permit that is determined by the Chief Engineer or his designee to be revoked or void must be surrendered without consideration for refund of fees to the law enforcement officer for delivery to the Chief Engineer or his designee.

(b)  No permit application shall be denied or renewal refused or an issued permit revoked or considered void until a verbal or written notice of the denial of permit request or revocation of the issued permit has been furnished to the permittee. The permittee may appeal in writing to the Chief Engineer or his designee within 10 days of receipt of a verbal or written notice of such denial or revocation.  The Chief Engineer or his designee shall send a written notice by certified mail, return receipt requested, not fewer than 10 days prior to the date of the hearing.  The Chief Engineer or his designee shall provide a written decision to the permittee within 10 days from the date of the hearing.

(c)  A permittee who has had permit privileges suspended or revoked by the Chief Engineer or his designee may, within 15 days following notification of the adverse action, make written appeal to the Secretary of Transportation for review of the suspension or revocation.  The Secretary may affirm or set aside the suspension or revocation based on a review of the written appeal, the suspension or revocation decision, as well as any available documents, exhibits or other evidence bearing on the appeal.  The individual appealing shall be advised of the final disposition of the action within 21 days following receipt of the appeal.

(d)  An oversize or overweight permit application may be denied for a period of up to six months upon written documentation that the applicant operated in violation of any of the rules contained in this Section, or any state and local law or any rule or ordinance regulating the operation of oversize or overweight vehicles.  Repeated violations may result in a permanent denial of the right to use the N.C. State Highway System of roads for transportation of oversize or overweight loads or vehicles.

 

History Note:        Authority G.S. 20-119; 20-360; 20-361; 20-367; 20-369; 20-371; 136-18(5); 143B-346; 143B-350(f);

Eff. July 1, 1978;

Amended Eff. November 1, 1993; October 1, 1991; April 1, 1984; April 11, 1980;

Temporary Rule Eff. October 1, 2000;

Amended Eff. December 1, 2012; April 1, 2009; August 1, 2002.