[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR385.15]

[Page 915-916]
 
                        TITLE 49--TRANSPORTATION
 
        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,
                      DEPARTMENT OF TRANSPORTATION
 
PART 385--SAFETY FITNESS PROCEDURES--Table of Contents
 
                           Subpart A--General
 
Sec. 385.15  Administrative review.

    (a) A motor carrier may request the FMCSA to conduct an 
administrative review if it believes the FMCSA has committed an error in 
assigning its proposed safety rating in accordance with Sec. 385.15(c) 
or its final safety rating in accordance with Sec. 385.11(b).
    (b) The motor carrier's request must explain the error it believes 
the FMCSA committed in issuing the safety rating. The motor carrier must 
include a list of all factual and procedural issues in dispute, and any 
information or documents that support its argument.
    (c) The motor carrier must submit its request in writing to the 
Chief Safety Officer, Federal Motor Carrier Safety

[[Page 916]]

Administration, 400 Seventh Street, SW., Washington DC 20590.
    (1) If a motor carrier has received a notice of a proposed 
``unsatisfactory'' safety rating, it should submit its request within 15 
days from the date of the notice. This time frame will allow the FMCSA 
to issue a written decision before the prohibitions outlined in 
Sec. 385.13 (a)(1) and (2) take effect. Failure to petition within this 
15-day period may prevent the FMCSA from issuing a final decision before 
such prohibitions take effect.
    (2) A motor carrier must make a request for an administrative review 
within 90 days of the date of the proposed safety rating issued under 
Sec. 385.11 (c) or a final safety rating issued under Sec. 385.11 (b), 
or within 90 days after denial of a request for a change in rating under 
Sec. 385.17(i).
    (d) The FMCSA may ask the motor carrier to submit additional data 
and attend a conference to discuss the safety rating. If the motor 
carrier does not provide the information requested, or does not attend 
the conference, the FMCSA may dismiss its request for review.
    (e) The FMCSA will notify the motor carrier in writing of its 
decision following the administrative review. The FMCSA will complete 
its review:
    (1) Within 30 days after receiving a request from a hazardous 
materials or passenger motor carrier that has received a proposed or 
final ``unsatisfactory'' safety rating.
    (2) Within 45 days after receiving a request from any other motor 
carrier that has received a proposed or final ``unsatisfactory'' safety 
rating.
    (f) The decision constitutes final agency action.
    (g) Any motor carrier may request a rating change under the 
provisions of Sec. 385.17.

[65 FR 50935, Aug. 22, 2000]