(a) Authority. The department, after notice and opportunity for hearing, may impose an administrative penalty against the following:
  (1) a motor carrier that violates a provision of Transportation Code, Chapter 643 or Chapter 645 or violates a rule or order adopted under Transportation Code, Chapter 643 or Chapter 645; or
  (2) a motor carrier or broker that violates a federal law or regulation, the enforcement of which has been delegated to the department.
(b) Memorandum of Agreement. Pursuant to a Memorandum of Agreement between the department and the Federal Motor Carrier Safety Administration, United States Department of Transportation, the department is authorized to initiate an enforcement action and assess civil penalties against a motor carrier or broker, as applicable, under the authority of the following:
  (1) 49 U.S.C. §§13702, 13704, 13707(b), 13901, 14104(b), 14706(f), 14708, 14710, 14901(d)(2) and (3), 14901(e), and 14915, as amended;
  (2) 49 C.F.R. §§366.4, 370.3-370.9, 371.3(c), 371.7, 371.105, 371.107, 371.109, 371.111, 371.113, 371.115, 371.117, 371.121, 373.201, Part 375, §§378.3 - 378.9, 387.301(b), 387.307, 387.403, and Part 386 Appendix B(g)(22) - (23), as amended; and
  (3) any future delegations pursuant to 49 U.S.C. §14710.

Source Note: The provisions of this §218.71 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective December 30, 2010, 35 TexReg 11713; amended to be effective June 4, 2014, 39 TexReg 4272; amended to be effective March 12, 2015, 40 TexReg 1104; amended to be effective June 1, 2024, 49 TexReg 2753