[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: 49CFR386.13]

[Page 1033-1034]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
            Subpart B_Commencement of Proceedings, Pleadings
 
Sec. 386.13  Petitions to review and request for hearing: Driver 
qualification proceedings.

    (a) Within 60 days after service of the determination under Sec. 
391.47 of this chapter or the letter of disqualification, the driver or 
carrier may petition to review such action. Such petitions must be 
submitted to the Assistant Administrator and must contain the following:
    (1) Identification of what action the petitioner wants overturned;

[[Page 1034]]

    (2) Copies of all evidence upon which petitioner relies in the form 
set out in Sec. 386.49;
    (3) All legal and other arguments which the petitioner wishes to 
make in support of his/her position;
    (4) A request for oral hearing, if one is desired, which must set 
forth material factual issues believed to be in dispute;
    (5) Certification that the reply has been filed in accordance with 
Sec. 386.31; and
    (6) Any other pertinent material.
    (b) Failure to submit a petition as specified in paragraph (a) of 
this section shall constitute a waiver of the right to petition for 
review of the determination or letter of disqualification. In these 
cases, the determination or disqualification issued automatically 
becomes the final decision of the Assistant Administrator 30 days after 
the time to submit the reply or petition to review has expired, unless 
the Assistant Administrator orders otherwise.
    (c) If the petition does not request a hearing, the Assistant 
Administrator may issue a final decision and order based on the evidence 
and arguments submitted.