[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR240.407]



[Page 761]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table 

of Contents

 

                 Subpart E_Dispute Resolution Procedures

 

Sec. 240.407  Request for a hearing.



    (a) If adversely affected by the Locomotive Engineer Review Board 

decision, either the petitioner before the Board or the railroad 

involved shall have a right to an administrative proceeding as 

prescribed by Sec. 240.409.

    (b) To exercise that right, the adversely affected party shall, 

within 20 days of service of the Board's decision on that party, file a 

written request with the Docket Clerk, Department of Transportation 

Central Docket Management System, Nassif Building, Room Pl-401, 400 

Seventh Street, S.W., Washington, D.C. 20590. The form of such request 

may be in written or electronic form consistent with the standards and 

requirements established by the Central Docket Management System and 

posted on its web site at http://dms.dot.gov.

    (c) The result of a failure to request a hearing within the period 

provided in paragraph (b) of this section is that the Locomotive 

Engineer Review Board's decision will constitute final agency action.

    (d) If a party elects to request a hearing, that person shall submit 

a written request to the Docket Clerk containing the following:

    (1) The name, address, and telephone number of the respondent and 

the requesting party's designated representative, if any;

    (2) The specific factual issues, industry rules, regulations, or 

laws that the requesting party alleges need to be examined in connection 

with the certification decision in question; and

    (3) The signature of the requesting party or the requesting party's 

representative, if any.

    (e) Upon receipt of a hearing request complying with paragraph (d) 

of this section, FRA shall arrange for the appointment of a presiding 

officer who shall schedule the hearing for the earliest practicable 

date.



[60 FR 53137, Oct. 12, 1995, as amended at 64 FR 70196, Dec. 16, 1999]



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