221.185 OPERATING AUTHORITY; SUSPENSION, CANCELLATION.
Subdivision 1. Grounds for suspension.
Despite the provisions of section
household goods mover permit or a motor carrier registration issued under section
is suspended without a hearing, by order of the commissioner, if the permit holder or
carrier fails to maintain and file with the commissioner, the insurance or bond required by section
and rules adopted under that section or the carrier or permit holder fails to pay annual
vehicle registration fees or renew permits as required by section
, or the permit holder or
carrier fails to pay an administrative penalty under section
Subd. 2. Notice of suspension.
(a) Failure to file and maintain insurance, renew permits
, or to pay annual vehicle registration fees or renew permits under section
, or to maintain in good standing a protective agent's or private detective's
license required under section
221.121, subdivision 6g
221.153, subdivision 3
, suspends a
motor carrier's permit or certificate two days after the commissioner sends notice of the suspension
by certified mail, return receipt requested, to the last known address of the motor carrier.
(b) In order to avoid permanent cancellation of the permit or certificate, the motor carrier
must do one of the following within 45 days from the date of suspension:
(1) comply with the law by filing insurance or bond, renewing permits, or paying vehicle
registration fees; or
(2) request a hearing before the commissioner regarding the failure to comply with the law.
Subd. 2a. Notice of suspension; effective date.
The commissioner shall issue a notice of
suspension if one of the conditions described in subdivision 1 occurs. The notice must give the
reason for suspension and must be sent to the last known address of the carrier by certified mail,
return receipt requested. A suspension is effective two days after a notice is mailed.
Subd. 3. Suspension rescission.
If the motor carrier complies with the requirements of this
chapter within 45 days after the date of suspension and pays the required fees, including a late
vehicle registration fee of $5 for each vehicle registered, the commissioner shall rescind the
suspension unless the carrier's registration has expired. If a registered carrier fails to comply
within one year of the effective date of a suspension, the carrier's registration is canceled.
Subd. 3a. Hearing.
If the motor carrier requests a hearing within 45 days after the date of
suspension, the commissioner shall review the suspension and:
(1) determine that the carrier has complied with the law and rescind the suspension;
(2) for just cause, grant an extension which must not exceed 20 days; or
(3) schedule a hearing to ascertain whether the carrier has failed to comply with the law. If it
is determined after the hearing that the carrier has failed to comply with the law, the commissioner
shall cancel the carrier's suspended permit or certificate.
Subd. 4. Grounds for cancellation.
Except as provided in subdivision 5a, failure to comply
with the requirements of sections
relating to bonds and insurance,
relating to permit renewal,
relating to annual vehicle registration or permit
221.121, subdivision 6g
221.153, subdivision 3
, relating to protective agent or private
detective licensure, or to request a hearing within 45 days of the date of suspension, is deemed
an abandonment of the motor carrier's permit or certificate and the permit or certificate must
be canceled by the commissioner.
Subd. 5. Notice of cancellation.
The commissioner shall notify the motor carrier by certified
mail, return receipt requested, that the permit or certificate is canceled effective on the date of
mailing the notice of cancellation.
Subd. 5a. Reinstatement after cancellation.
A motor carrier whose permit or certificate
is canceled for failure to comply with sections
relating to bonds and
insurance may ask the commissioner to review the cancellation. Upon review, the commissioner
shall rescind the cancellation if (1) the motor carrier presents evidence showing that before the
effective date of the notice of cancellation issued under subdivision 5, the motor carrier had
obtained and paid for the insurance required by sections
, and the rules of the
commissioner, and (2) the commissioner is satisfied that the motor carrier has complied with the
requirements of sections
and the rules of the commissioner.
Subd. 6.[Repealed, 1984 c 520 s 26
Subd. 7.[Repealed, 1984 c 520 s 26
Subd. 8.[Repealed, 1984 c 520 s 26
Subd. 9. New petition.
If the holder of a canceled permit or certificate seeks authority to
operate as a motor carrier it shall file a petition with the commissioner for a permit or certificate as
provided in section
, whichever is applicable.
History: 1983 c 371 s 35; 1984 c 520 s 14-20; 1985 c 299 s 23,24; 1988 c 544 s 18; 1993 c
213 s 10-12; 1999 c 238 art 2 s 59-64; 2001 c 213 s 30; 2002 c 379 art 1 s 58