§385.15 Administrative review.
(a) A motor carrier may
request the FMCSA to conduct an administrative review if it believes the FMCSA
has committed an error in assigning its proposed l safety rating in accordance
with Sec. 385.15(c) or its final safety rating in accordance with Sec. 385.11(b).
(b) The motor carrier's
request must explain the error it believes the FMCSA committed in issuing the
safety rating. The motor carrier must include a list of all factual and
procedural issues in dispute, and any information or documents that support its
argument.
(c) The motor carrier must submit its request
in writing to the Chief Safety Officer, Federal Motor Carrier Safety
Administration,
(c)(1) If a motor carrier
has received a notice of a proposed "unsatisfactory'' safety rating, it
should submit its request within 15 days from the date of the notice. This time
frame will allow the FMCSA to issue a written decision before the prohibitions
outlined in Sec. 385.13 (a)(1) and (2) take effect.
Failure to petition within this 15-day period may prevent the FMCSA from
issuing a final decision before such prohibitions take effect.
(c)(2) A motor carrier must
make a request for an administrative review within 90 days of the date of the
proposed safety rating issued under Sec. 385.11(c) or a final safety rating issued under Sec. 385.11(b), or within 90 days
after denial of a request for a change in rating under Sec. 385.17(i).
(d) The FMCSA may ask the
motor carrier to submit additional data and attend a conference to discuss the
safety rating. If the motor carrier does not provide the information requested,
or does not attend the conference, the FMCSA may dismiss its request for
review.
(e) The FMCSA will notify the
motor carrier in writing of its decision following the administrative review.
The FMCSA will complete its review:
(e)(1) Within 30 days after
receiving a request from a hazardous materials or passenger motor carrier that
has received a proposed or final "unsatisfactory'' safety rating.
(e)(2) Within 45 days after
receiving a request from any other motor carrier that has received a proposed
or final "unsatisfactory'' safety rating.
(f) The decision constitutes
final agency action.
(g) Any motor carrier may
request a rating change under the provisions of Sec. 385.17.
[56 FR 40806, Aug. 16, 1991; 62 FR 60043, November 6, 1997; 65 FR 50935,
Aug. 22, 2000; 72 FR 55701, Oct. 1, 2007]