Discontinuance of Service; Suspension and Revocation of Certificates, Permits, and Property Carrier Registrations

PURPOSE: This rule prescribes procedures for implementing the provisions of sections 390.101 and 390.106, RSMo. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) The Missouri Highways and Transportation Commission may cancel a certificate, permit, or property carrier registration which authorizes the transportation of passengers or property, upon receiving written notice from the person to whom the authority was issued which indicates that the person has discontinued that transportation service. (2) Whenever the commission suspends the certificate, permit, or property carrier registration of a motor carrier as provided under section 390.106, RSMo, the commission shall immediately notify the carrier of the suspension by mailing a copy of the suspension order to the carrier’s principal place of business or mailing address, if different, as shown upon the commission’s records. Within a reasonable time after suspension, the commission may request the carrier show cause why his/her certificate, permit, or property carrier registration should not be revoked. (3) Upon a finding that any of the grounds exist for revocation as set forth in subdivisions (1), (2), (3), or (4) of section 390.106, RSMo, the commission may order the revocation of the carrier’s certificate, permit, or property carrier registration upon not less than thirty (30) days notice to the carrier. The notice shall be sent by mail to the carrier’s principal place of business or mailing address, if different, as shown upon the commission’s records, to any carrier who holds intrastate authority. (4) When a carrier has been given notice as provided in this rule, a certificate, permit, or property carrier registration shall not be reinstated or restored to active status after the effective date of an order which has revoked that certificate or permit. AUTHORITY: section 622.027, RSMo 2016.* This rule originally filed as 4 CSR 265-2.180. Original rule filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency amendment filed Aug. 16, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Moved to 7 CSR 26510.140 and amended: Filed May 2, 2013, effective Dec. 30, 2013. Amended: Filed Oct. 14, 2016, effective July 30, 2017. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.