[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.64]

[Page 276-277]
 
                        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 E_Decision
 
Sec.  386.64  Reconsideration.

    (a) Within 20 days following service of the Final Agency Order, any 
party may petition the Assistant Administrator for reconsideration of 
the order. If a civil penalty was imposed, the filing of a petition for 
reconsideration stays the entire action, unless the Assistant 
Administrator orders otherwise.
    (b) In the event a Notice of Default and Final Agency Order is 
issued by the Field Administrator as a result of the respondent's 
failure to reply in accordance with Sec.  386.14(a), the only issue that 
will be considered upon reconsideration is whether a default has 
occurred under Sec.  386.14(c). The Final Agency Order may be vacated 
where a respondent can demonstrate excusable neglect, a meritorious 
defense, or due diligence in seeking relief.
    (c) Either party may serve an answer to a petition for 
reconsideration within 30 days of the service date of the petition.
    (d) Following the close of the 30-day period, the Assistant 
Administrator will rule on the petition.

[[Page 277]]

    (e) The ruling on the petition will be the Final Agency Order. A 
petition for reconsideration of the Assistant Administrator's ruling 
will not be permitted.

[70 FR 28485, May 18, 2005]