[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR669.15]

[Page 336]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 669_ENFORCEMENT OF HEAVY VEHICLE USE TAX--Table of Contents
 
Sec. 669.15  Procedure for the reduction of funds.

    (a) If it appears to the Federal Highway Administrator that a state 
has not submitted a certification conforming to the requirements of this 
regulation or that the state is not adequately obtaining proof of 
payment of the heavy vehicle use tax under 23 U.S.C. 141(d), the Federal 
Highway Administrator shall make in writing a proposed determination of 
nonconformity, and shall notify the Governor of the state of the 
proposed determination by certified mail. The notice shall state the 
reasons for the proposed determination and inform the state that it may, 
within 30 days from the date of the notice, request a conference to show 
cause why it should not be found in nonconformity.
    (b) The conference will be informal in nature and conducted by the 
Administrator, or his/her designee. In all instances where the state 
proceeds on this basis, a transcript will be made and furnished to the 
state by FHWA. The state may offer any information which it considers 
helpful to a resolution of the matter, and the scope of review at the 
conference shall include, but not be limited to, state legislative 
actions (including those proposed to remedy deficiencies), budgetary 
considerations, judicial actions, and proposals for specific actions 
which will be implemented to bring the state into compliance.
    (c) The state has the option to request such a conference, or it may 
submit such information in writing to the Administrator, who will make a 
determination on the basis of such materials and other available 
information.