§ 40-10.1-112 — Commission may take action against certificate or permit

Colorado § 40-10.1-112

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: Motor Carriers

Text

(1)
Except as specified in subsection (3) of this section, the commission, at any time, by
order duly entered, after hearing upon notice to the motor carrier and upon proof of
violation, may issue an order to cease and desist or may suspend, revoke, alter, or
amend any certificate or permit issued to the motor carrier under this article for the
following reasons:

(a) A violation of this article or of any term or condition of the motor carrier's
certificate or permit;

(b) Exceeding the authority granted by a certificate or permit;

(c) A violation or refusal to observe any of the proper orders or rules of the
commission;

(d) For a towing carrier, a violation of any of the provisions set forth in part 18
or 21 of article 4 of title 42, C.R.S., or a conviction, guilty plea, or plea of nolo
contendere to a felony;

(e) For a mover, failure or refusal to abide by the terms of an arbitrator's
award under section 40-10.1-507, or failure to satisfy the requirements for a new or
renewed permit under section 40-10.1-502.

(2) Any person may file a complaint against a motor carrier for a violation of
this article or a rule adopted under this article. The complainant may request any
relief that the commission, in its authority, may grant, including an order to cease
and desist, suspension or revocation of the motor carrier's certificate or permit, or
assessment of civil penalties. Upon proof of violation, the commission may issue an
order to cease and desist, suspend or revoke the motor carrier's certificate or
permit, assess civil penalties as provided in article 7 of this title, or take any other
action within the commission's authority. In assessing civil penalties under this
subsection (2), the commission is not constrained by the procedural requirements of
section 40-7-116.

(3) Notwithstanding the notice and hearing provisions of subsection (1) of
this section, the commission shall summarily suspend the certificate or permit of
any motor carrier for failure to maintain effective insurance or surety bond
coverage and file evidence of the same in accordance with section 40-10.1-107 and
rules adopted pursuant thereto. The commission shall reinstate such summarily
suspended certificate or permit within a time period specified in, and in accordance
with, the rules of the commission.

(4) A motor carrier whose certificate or permit has been revoked for cause
more than twice is not eligible for another such certificate or permit for at least two
years after the date of the third such revocation. In the case of an entity, the two-year period of ineligibility also applies to all principals, officers, and directors of the
entity, whether or not any such principal, officer, or director applies individually or
as a principal, officer, or director of the same or a different entity. As used in this
subsection (4), revoked for cause does not include a revocation for failure to carry
the required insurance unless it is shown that the person knowingly operated
without insurance.

(5) Any commission action under subsection (1) or (2) of this section must
conform to the provisions and procedures specified in article 6 of this title. The
motor carrier has all the rights to the opportunity for a hearing, review, and appeal
as to such order or ruling of the commission as are now provided by articles 1 to 7 of
this title. No appeal from or review of any order or ruling of the commission
supersedes or suspends such order or rulings unless specifically ordered by the
proper court.

Legislative History

Source: L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 403, � 1, effective August 10.