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Administrative hearings - PowerPoint Presentation

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Administrative hearings - PPT Presentation

dmv amp dps for trucking companies 2017 C indy O wens cinowensComcastnet Houston TX 832 2503402 Administrative hearings for department of motor vehicles Cases are assigned a NOTICE ID: 809727

department company administrative hearings company department hearings administrative dmv hearing motor drug judge request violations vehicles 000 testing public

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Slide1

Administrative hearings dmv & dpsfor trucking companies 2017

C

indy

O

wens

cinowens@Comcast.net

Houston, TX (832) 250-3402

Slide2

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 26

th

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.

Slide3

Administrative hearings for department of motor vehicles Texas Department of Motor VehiclesDirector 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.

Slide4

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.

Slide5

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 1

st

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.

Slide6

Request r a Hearing - DMV

Slide7

Administrative hearings for department of Public safetyTexas 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.

Slide8

Administrative hearings for department of Public safetyTexas 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.

Slide9

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