Administrative hearings dmv & dps for trucking companies 2017 Cindy Owens cinowens@Comcast.net Houston, TX (832) 250-3402

Administrative hearings for department of motor vehicles Cases are assigned a NOTICE # instead of case numbers. Fines will range from $5,000 to $10,000 on the first violations. Similar to ALR hearing request in that you have 26 days to request a hearing as to contest the Allegations and contest the Amount of the Assessment. Do Both. Even if it is after the 26th day you can ask for a Motion for Rehearing and to Vacate the Judgment; Calling the Attorney for the Department is very helpful and will give ways to reopen the case.

Administrative hearings for department of motor vehicles Texas Department of Motor Vehicles Director of the Motor Carrier Division Attn: MIMI SHELTON Enforcement Division; PO Box 2063, Austin, TX 78768 Mimi.Shelton@tx.dmv.gov 1 (888) 368-4689 1 (713) 802-4327 Fax (512) 374-5496 If Ms. Shelton will agree to Vacate the Judgment then the Judge will usually follow.

Administrative hearings for department of motor vehicles HEARINGS are held in Austin. DMV will negotiate a Settlement of normally 50%. DMV usually has a book full of allegations and violations, so it is better to try to come up with solutions for the company and preventions. Companies need to keep accurate Records of where and what drivers are carrying and specific destinations. Separate files need to kept on each employee where the DMV examiners can go in when they visit the company. Attitude of company makes a big difference. Overweight Violations: in the Administrative Code will then require the Company to obtain Over weight permits on all the Trucks. 43 Tex. Admin Code Secion 219.81(a) along with Tex Trans Code Chapters 621, 622 and 623. Arguments I make to Attorney is that there is a lack of knowledge and understanding of bridge weights and company and drivers presumed that if they were under 80,000 lbs then they would not be overweight. Other arguments are that the Office Manager left and there not able to be properly trained and is learning and there is a desire to come into compliance.

Administrative hearings for department of motor vehicles Assessment Issues of the fines: Mitigation of damages that company has taken remedial action on correcting violations. Company may be a new company or maybe a small company. Company may want to cut down the size of its fleet and put trucks out of service; Have the Company tell you if they had a loss on income and if so attach a copy on 1st page of Tax Return to Response and then you may get fines cut by 2/3rds. Upon Request payment can be made over 6 months. If company agrees to cooperate with you on remedial action then you you are going to save them the headache and money and can charge attorney’s fees accordingly, upfront.

Request r a Hearing - DMV

Administrative hearings for department of Public safety Texas Department of Public Safety: there will be NO NEGOTIONS. Difference in time is dealine is TWENTY (20) business days to respond from the date of the letter or the Trucks will be Impounded Attn: Captain Omar Villarreal : Manager (512) 424-2051 Must Request a Formal Hearing (in Austin) or INFORMAL HEARING (phone) Attorney for Department will be Angela Funk Angela.Funk@dps.texas.gov 1 (512) 424-2884 Fax (512) 424-5712 You send Angela all documentary evidence to present to the Judge and she forwards it the Judge. I go through process at hearing as I did with DMV and have my clients on phone but I do all the talking to the Judge. Generally the reduction is 50% and you must request payment 6 months.

Administrative hearings for department of Public safety Texas Department of Public Safety: Big Issues are dealing with drug testing. Companies may have 1 paragraph in employment contract about “driver can’t refuse to be drug tested” and that is not going to cut it. So prepare the ‘Drug and/or Alcohol Testing Consent Form’ attached is a versions as there is no standard. I also have attached to this paper a ‘Drug & Alcohol Policy’ that I modified from several I found on internet and Judge at the hearing found them sufficient. So save some time and use mine. The Drug & Alcohol Policy is something that the employees should be given a copy when they are hired. If there are subsequent violations the fine can run up to $5,000 for 1 violation, of not correct class after testing positive. If Company has not enrolled in a Random Drug Testing Program, then they have to do that and the only Evidence the Judge will accept as compliance is the CERTIFICATE. Attached.

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