Division of Administrative Hearings, Florida
Filed: Dec. 10, 1990
The only issue remaining in this case is the extent to which the Petitioner, the Department of Transportation (DOT), should penalize the Respondent, Keystone Excavators, Inc. (Keystone), for operating a commercial motor vehicle with an expired vehicle registration and for exceeding the maximum legal weight of 35,000 pounds allowed under Section 316.545, Fla. Stat. (1987).DOT has burden of proof. Legal tolerance added to legal weight to get amount overweight. DOT can modify statutory penalty for isolated inadvertence