§ 385.15 Administrative review.

(a) A petitionmotor forcarrier may request FMCSA to conduct an administrative review ofif ait believes FMCSA has committed an error in assigning its proposed or final safety rating, wherein thereaccordance arewith factual§ or385.11.
(b) proceduralThe disputes,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 be accompanied by any information or documents thethat support its argument.
(c) The motor carrier ismust relyingsubmit uponits asrequest in writing to the basisAssistant forAdministrator, itsATTN: petitionAdjudications Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.
(b)(1) TheIf petitiona mustmotor becarrier submittedhas toreceived thea Director,notice Office of Motora Carrierproposed Field“unsatisfactory” Operationssafety rating, it should submit its request within 9015 days offrom the date of notificationthe ofnotice. theThis assignment,time orframe change,will ofallow athe safetyFMCSA rating.
(2)to Motorissue carriersa affectedwritten bydecision before the provisionsprohibitions ofoutlined in § 385.13 should(a)(1) submitand their(2) petitionstake andeffect. supportingFailure documentation to petition within this 15-day period may prevent the Director,FMCSA Officefrom ofissuing Motora Carrierfinal Fielddecision Operations,before such prohibitions take effect.
(2) A motor carrier must make a request for an administrative review within 1590 days fromof the date of notificationthe ofproposed thesafety assignmentrating ofissued under § 385.11 (c) or a final safety rating issued under § 385.
11 (cb), Asor partwithin of90 thedays considerationafter denial of a petition,request thefor Director,a Officechange ofin Motorrating Carrierunder Field§ Operations,385.17(i).
(d) The FMCSA may requestask the motor carrier to submit additional data and attend a conference to discuss the safety rating. FailureIf tothe motor carrier does not provide suchthe datainformation requested, or todoes not attend the conference, the FMCSA may resultdismiss its request for review.
(e) The FMCSA will notify the motor carrier in dismissalwriting of its decision following the petitionadministrative review. The FMCSA will complete its review:
(d1) TheWithin Director,30 Officedays ofafter Motorreceiving Carriera Fieldrequest Operations,from shalla notifyhazardous thematerials or passenger motor carrier inthat writinghas ofreceived a decisionproposed onor afinal petition“unsatisfactory” forsafety reviewrating.
(2) ofWithin 45 days after receiving a safetyrequest rating,from whichany willother constitutemotor thecarrier that has received a proposed or final agency“unsatisfactory” actionsafety rating.
(f) The decision may:constitutes final agency action.
(1g) ConfirmAny themotor carrier may request a rating; or
(2)change Reviseunder the ratingprovisions of § 385.17.
[5665 FR 4080650935, Aug. 1622, 19912000, as amended at 72 FR 55701, Oct. 1, 2007; 75 FR 17241, Apr. 5, 2010; 77 FR 28450, 28454, May 14, 2012; 86 FR 57070, Oct. 14, 2021]