Inspections, Production of Records, and Accident Investigations

§ 190.15 Inspections, Production of Records, and Accident Investigations#

(a)The Commission may conduct inspections and investigate accidents in accordance with Ark. Code Ann. §23-15-207. Operators are required to provide records requested by the Commission pursuant to Ark. Code Ann. §23-15-206 for any inspection or accident investigation.#

(b)If an inspection or accident investigation indicates that a probable violation exists, or if an operator falsifies records, or fails to provide any record(s) requested by the Commission, a notice of probable violation will be sent to the operator. For the purposes of this rule, a probable violation for failing to provide records shall arise only from failure to provide records required by § 190.15#

(a)in the form in which they are maintained in the ordinary course of business. The operator shall be allowed the time prescribed by the Rules of Practice and Procedure to respond after service of any such request for records. For purposes of this rule, falsifying records shall mean "the original entry or subsequent modification of any official record with the intent to mislead or deceive a third party later examining the document."#

(c)If an accident investigation results in the PSO making recommendations in a formal accident investigation report, the operator will make written response to those recommendations within the time frame specified in the report.#