[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

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

[CITE: 49CFR386.13]



[Page 254]

 

                        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;

    (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.