Sec. 32103. REINCARNATED CARRIERS

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## SEC. 32103 REINCARNATED CARRIERS ###

(a)Effective Periods of Registration ####

(1)Suspensions, amendments, and revocations Section 13905(d) is amended— #####

(A)by redesignating paragraph

(2)as paragraph (4); #####

(B)by striking paragraph

(1)and inserting the following: > > #### “(1) Applications > > On application of the registrant, the Secretary may amend or revoke a registration. > > > #### “(2) Complaints and actions on secretary’s own initiative > > On complaint or on the Secretary’s own initiative and after notice and an opportunity for a proceeding, the Secretary may— > > > ##### “(A) > > suspend, amend, or revoke any part of the registration of a motor carrier, broker, or freight forwarder for willful failure to comply with— > > > ###### “(i) > > this part; > > > ###### “(ii) > > an applicable regulation or order of the Secretary or the Board, including the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations (or successor regulations), for transportation provided by an over-the-road bus; or > > > ###### “(iii) > > a condition of its registration; > > > ##### “(B) > > withhold, suspend, amend, or revoke any part of the registration of a motor carrier, broker, or freight forwarder for failure— > > > ###### “(i) > > to pay a civil penalty imposed under chapter 5, 51, 149, or 311; > > > ###### “(ii) > > to arrange and abide by an acceptable payment plan for such civil penalty, not later than 90 days after the date specified by order of the Secretary for the payment of such penalty; or > > > ###### “(iii) > > for failure to obey a subpoena issued by the Secretary; > > > ##### “(C) > > withhold, suspend, amend, or revoke any part of a registration of a motor carrier, broker, or freight forwarder following a determination by the Secretary that the motor carrier, broker, or freight forwarder failed to disclose, in its application for registration, a material fact relevant to its willingness and ability to comply with— > > > ###### “(i) > > this part; > > > ###### “(ii) > > an applicable regulation or order of the Secretary or the Board; or > > > ###### “(iii) > > a condition of its registration; or > > > ##### “(D) > > withhold, suspend, amend, or revoke any part of a registration of a motor carrier, broker, or freight forwarder if the Secretary finds that— > > > ###### “(i) > > the motor carrier, broker, or freight forwarder does not disclose any relationship through common ownership, common management, common control, or common familial relationship to any other motor carrier, broker, or freight forwarder, or any other applicant for motor carrier, broker, or freight forwarder registration that the Secretary determines is or was unwilling or unable to comply with the relevant requirements listed in section 13902, 13903, or 13904 > > > #### “(3) Limitation > > Paragraph (2)(B) shall not apply to a person who is unable to pay a civil penalty because the person is a debtor in a case under chapter 11 of title 11.” > ; and #####

(C)in paragraph (4), as redesignated by section 32103(a)(1)(A) of this Act, by striking “paragraph (1)(B)” and inserting “paragraph (2)(B)”. ####

(2)Procedure Section 13905(e) is amended by inserting “or if the Secretary determines that the registrant failed to disclose a material fact in an application for registration in accordance with subsection (d)(2)(C),” after “registrant,”. ###

(b)Information Systems Section 31106(a)(3) is amended— ####

(1)in subparagraph (F), by striking “and” at the end; ####

(2)in subparagraph (G), by striking the period at the end and inserting “; and”; and ####

(3)by adding at the end the following: > > ##### “(H) > > determine whether a person or employer is or was related, through common ownership, common management, common control, or common familial relationship, to any other person, employer, or any other applicant for registration under section 13902 or 31134.” > .