Department of Transportation, Motor Carrier Transportation Division, Chapter 740
Rule Caption: Adoption of IRP regulations.
Adm. Order No.: MCTD 6-2012
Filed with Sec. of State: 7-19-2012
Certified to be Effective: 7-19-12
Notice Publication Date: 6-1-2012
Rules Amended: 740-200-0010
Subject: This rule amendment constitutes an adoption of the rules of the International Registration Plan (IRP) to the date of January 1, 2012. In addition, the amendment would modify the method penalties, late payment and interest is calculated in an IRP audit. Previously, the penalties, late payment, and interest for an IRP audit were assessed using the calculations from ORS 825.490 as advised by Oregon Department of Justice (DOJ) counsel in a 2002 interpretation. A recent IRP ballot measure imposes progressive penalties for carriers who repeatedly provide inadequate records for an IRP audit. When researching the implementation of the ballot measure, DOJ counsel set aside the prior advice given in 2002 and instructed the Department to follow the interest, late payment, and penalties as specified in IRP.
Rules Coordinator: Lauri Kunze—(503) 986-3171
(1) The provisions contained in the “International Registration Plan” (IRP), the IRP Audit Procedures Manual and all amendments thereto in effect January 1, 2012, are hereby adopted and prescribed by the Oregon Department of Transportation and apply to the apportioned registration of vehicles. Unless otherwise revised by written delegation, the designated person to cast a vote on an IRP ballot for Oregon is the Administrator of the Motor Carrier Transportation Division.
(2) In addition to the requirements described in section (1) of this rule, the following requirements apply to Oregon-based motor carriers who participate in IRP:
(a) Records required to be maintained for distance data must denote intermediate trip stops;
(b) Audit assessments are subject to penalty, late payment charges and interest described in IRP and the IRP Audit Procedures Manual;
(c) Any person against whom a proposed assessment is made by the Department may petition the Department for reassessment within 30 days after service upon the person of the assessment notice. If a petition for reassessment is not filed within the 30-day period, the assessment becomes final. If a petition for reassessment is timely filed, the Department will reconsider the assessment. The decision of the Department upon a petition for reassessment will become final 30 days after notice of the decision is served upon the petitioner. A petitioner may submit a request for hearing in the petition for reassessment; and
(d) If a request for hearing is timely received, a hearing will be scheduled and conducted in accordance with the provisions of ORS Chapter 183. The petitioner will be provided a minimum of 10 days notice of the time and place of the hearing. The Department may assess a penalty of $150 for failure to appear at a scheduled hearing.
(3) The mileage reporting period for application and renewal purposes will be the previous July through June twelve-month period.
[Publications: Publications referenced are available from the agency.]
ORS 184.616, 184.619, 823.011 & 826.003
Stats. Implemented: ORS 826.005 & 826.007
Hist.: PUC 8-1990, f. & cert. ef. 5-25-90 (Order No. 90-834); PUC 7-1993, f. & cert. ef. 3-19-93 (Order No. 93-285); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-081-0005; MCTB 6-2002, fr. & cert. ef. 11-18-02; MCTD 8-2003, f. & cert. ef. 11-18-03, cert. ef. 1-1-04; MCTD 4-2004, f. 12-28-04, cert. ef. 1-1-05; MCTD 2-2008, f. 6-23-08, cert. ef. 7-1-08; MCTD 1-2011, f. & cert. ef. 2-18-11; MCTD 6-2012, f. & cert. ef. 7-19-12