[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR385.327]

[Page 1013]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 385_SAFETY FITNESS PROCEDURES--Table of Contents
 
             Subpart D_New Entrant Safety Assurance Program
 
Sec. 385.327  What happens when a new entrant receives a notice under 

Sec. 385.319(c) that its new entrant registration will be revoked and 
it believes the FMCSA made an error in its determination?

    (a) If a new entrant receives a revocation notice, it may request 
the FMCSA to conduct an administrative review if it believes the FMCSA 
has committed an error in determining that its basic safety management 
controls were inadequate.
    (1) The request must be made to the Field Administrator of the 
appropriate FMCSA Service Center.
    (2) The request must explain the error the new entrant believes the 
FMCSA committed in its determination.
    (3) The request must include a list of all factual and procedural 
issues in dispute, and any information or documents that support the new 
entrant's argument.
    (b) The new entrant should submit its request no later than 15 days 
from the date of the notice of the inadequacy of its basic safety 
management controls. Submitting the request within 15 days will allow 
the FMCSA to issue a written decision before the prohibitions outlined 
in Sec. 385.319(c) take effect. Failure to petition within this 15-day 
period may prevent the FMCSA from issuing a final decision before the 
prohibitions take effect.
    (c) The FMCSA may request that the new entrant submit additional 
data and attend a conference to discuss the issue(s) in dispute. If the 
new entrant does not attend the conference, or does not submit the 
requested data, the FMCSA may dismiss the new entrant's request for 
review.
    (d) The FMCSA will complete its review and notify the new entrant in 
writing of its decision within 30 days after receiving a request for 
review from a hazardous materials or passenger new entrant and within 45 
days from any other new entrant.
    (e) A new entrant must make a request for an administrative review 
within:
    (1) 90 days of the date when it was initially notified under Sec. 
385.319(c) that its basic safety management controls were inadequate; or
    (2) 90 days after it was notified that its corrective action under 
Sec. 385.319(c) was insufficient and its basic safety management 
controls remain inadequate.
    (f) The Field Administrator's decision constitutes the final agency 
action.
    (g) Notwithstanding this subpart, a new entrant is subject to the 
suspension and revocation provisions of 49 U.S.C. 13905 for violations 
of DOT regulations governing motor carrier operations.