R909-4-4. Notice of Agency Action -- Civil Penalties

  (1) The Department may commence an adjudicative proceeding pursuant to rule R907-2 to review allegations of federal or state motor carrier regulation violations by serving a Notice of Agency Action upon the person or persons accused of the violations.

  (2) If the Department proposes to impose a penalty under the Notice of Agency Action, the amount of the penalty will be determined employing the Uniform Fine Assessment software issued by Federal Motor Carrier Safety Administration for calculating the amounts of civil penalties for violations of motor carrier regulations. The Uniform Fine Assessment web site may be accessed at https://www.fmcsa.dot.gov/regulations/enforcement/uniform-fine-assessment

  (3) In addition to other penalties, the Department may impose a civil penalty of not less than $500 and not more than $2,000 for each offense as authorized in 72-9-703.

  (4) The Department may compromise the amount of the penalty. Factors the Department may use when considering whether to compromise the amount of the penalty may include:

  (a) History of prior violations and prior conduct;

  (b) degree of culpability;

  (c) responsiveness to the Notice of Agency Action, including good faith efforts to take corrective action;

  (d) gravity of the violation;

  (e) ability to continue in business and ability to pay;

  (f) whether the amount of the penalty will encourage future compliance, or;

  (g) other matters which justice and public safety may require.

  (5) When assessing the final penalty imposed on the motor carrier, the Department will indicate on the final agency order which factors the adjudicating officer considered to determine or compromise the final penalty that is imposed.

  (6) Administrative Hearings initiated under this provision shall be designated as informal hearings under the Utah Administrative Procedures Act and conducted as set forth in Utah Code Section 63G-4-203.