[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: 49CFR386.67]

[Page 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.  386.67  Judicial review.

    (a) Any party to the underlying proceeding, who, after an 
administrative adjudication, is adversely affected by a Final Agency 
Order issued under 49 U.S.C. 521 may, within 30 days of service of the 
Final Agency Order, petition for review of the order in the United 
States Court of Appeals in the circuit where the violation is alleged to 
have occurred, or where the violator has its principal place of business 
or residence, or in the United States Court of Appeals for the District 
of Columbia Circuit.
    (b) Judicial review will be based on a determination of whether the 
findings and conclusions in the Final Agency Order were supported by 
substantial evidence or were otherwise not in accordance with law. No 
objection that has not been raised before the Agency will be considered 
by the court, unless reasonable grounds existed for failure or neglect 
to do so. The commencement of proceedings under this section will not, 
unless ordered by the court, operate as a stay of the Final Agency Order 
of the Agency.

[70 FR 28485, May 18, 2005]