Cancellation, revocation or suspension of authority, generally
(1)Certificates and permits when issued shall be valid until suspended or revoked when the carrier is found by the Department of Transportation to be in violation of this chapter or ORS chapter 818. A variance permit issued under ORS chapter 818 shall be valid for the length of time for which it is issued unless prior to that time the permit is suspended or revoked by the Department of Transportation for violation of this chapter or ORS chapter 818.
(2)Certificates or permits, or variance permits issued pursuant to ORS chapter 818, may be suspended or canceled by the department based upon the department’s own motion after notice and hearing, when the certificate or permit holder:
(a)Or agents or employees of the holder have repeatedly violated this chapter or other highway or motor laws of this state. In applying this paragraph the department may consider violations by agents or employees of the holder that occurred prior to the time they became agents or employees of the holder, but only if the agent or employee has a substantial interest or control, directly or indirectly, in or over the operation of the holder.
(b)Has repeatedly violated or avoided any order or rule of the department.
(c)Is a transporter of household goods and has repeatedly made unlawful rebates or repeatedly underestimated transportation charges to clients.
(d)Has repeatedly refused or has repeatedly failed, after being requested to do so, to furnish service authorized by certificate. The department in such cases may also, in the discretion of the department, restrict the certificate to conform with operations conducted.
(e)Has not, except for reasons beyond the control of the holder, transported household goods authorized by the certificate for a period exceeding 180 consecutive days immediately preceding the filing of the complaint in the proceeding. The department in these cases may also, in the discretion of the department, restrict the certificate to conform with operations performed that were required by the public convenience and necessity.
(f)Has not, except for reasons beyond the control of the holder, transported property authorized by the permit for a period exceeding one year immediately preceding the filing of the complaint in the proceeding.
(g)Has refused, or has failed, within the time provided, to file the annual report required by ORS 825.320 (Carrier’s annual report to department) or has failed or refused to maintain records required by the department or to produce such records for examination within the time set by the department.
(h)Has failed to appear for hearing after notice that the certificate or permit is under investigation.
(i)Has filed with the department an application which is false with regard to the ownership, possession or control of the equipment being used or the operation being conducted.
(3)The department shall not suspend or revoke a certificate or permit of a vehicle or person described in ORS 825.020 (Applicability of chapter to certain vehicles and combinations over 26,000 pounds) unless the person or vehicle is in violation of this section and ORS 825.139 (Suspension or cancellation of authority for tax delinquency or failure to file bond), 825.141 (Reinstatement fee after suspension of authority), 825.160 (Liability insurance of carriers), 825.164 (Rules for compliance with ORS 825.160 and 825.162), 825.166 (Deposit of securities or letter of credit), 825.168 (Self-insurance), 825.210 (Regulation of motor vehicles) (1) and (3), 825.212 (Regulation of mileage records), 825.450 (Weight identifier), 825.454 (Identification devices), 825.470 (Temporary pass), 825.472 (Determination of filing of reports or payments), 825.474 (Motor carrier tax for use of highways), 825.476 (Carrier tax tables), 825.480 (Substitute taxes for certain vehicles), 825.484 (Effect of carrier tax law on other taxes), 825.488 (Fees required of interstate carriers), 825.490 (Due date of taxes and fees), 825.492 (Annual and quarterly reports authorized), 825.494 (Assessment by department upon failure to report tax or fee due), 825.496 (Reassessment waiver or reduction upon request), 825.498 (Collection of fees, taxes and other moneys), 825.504 (Warrant procedure for collecting tax, fee, penalty or assessment), 825.506 (Deposit or bond to secure payment of fees, taxes, charges and penalties), 825.507 (Limitations on cancellation of bond), 825.508 (Use of collection agency to obtain moneys due) or 825.515 (Daily records and monthly reports by carriers). [Formerly 767.190; 1997 c.275 §37; 1997 c.722 §5; 1999 c.59 §249; 2015 c.283 §19]
Section 825.137 — Cancellation, revocation or suspension of authority, generally,