§ 385.327 May a new entrant request an administrative review of a determination of a failed safety audit?
Wording in the annual edition revised as of Oct. 1, 2009, superseded November 18, 2024.
(a) If a new entrant receives a revocation notice under § 385.319(c) that its new entrant registration will be revoked, it may request the FMCSA to conduct an administrative review if it believes the FMCSA has committed an error in determining that its basic safety management controls wereare inadequate.
(1)
(1) beBe made to the Field Administrator of the appropriate FMCSA Service Center.
(2) TheExplain request must explain the error the new entrant believes the FMCSA committed in its determination.
(3) TheInclude request must include a list of all factual and procedural issues in dispute, and any information or documents that support the new entrant's argument.
(b) TheFMCSA may request that the new entrant should submit itsadditional requestdata noand laterattend thana 15conference daysto fromdiscuss the dateissues(s) ofin dispute. If the noticenew ofentrant does not attend the inadequacyconference ofor itsdoes basicnot safetysubmit managementthe controls.requested Submittingdata, FMCSA may dismiss the requestnew withinentrant's 15request daysfor willreview.
(c) allowA thenew FMCSAentrant tomust issuesubmit a writtenrequest decisionfor beforean administrative review within one of the prohibitionsfollowing outlinedtime inperiods:
(1) If it does not submit evidence of corrective action under § 385.319(c), takewithin effect.90 Failuredays toafter petitionthe withindate thisit 15-dayis periodnotified maythat preventits thebasic FMCSAsafety frommanagement issuingcontrols aare finalinadequate.
(2) decisionIf beforeit thesubmits prohibitionsevidence takeof effectcorrective action under § 385.Thewithin FMCSA90 maydays requestafter that the newdate entrantit submitis additionalnotified datathat its corrective action is insufficient and attendits abasic conferencesafety tomanagement discusscontrols theremain issueinadequate.
(sd) in dispute. If thea new entrant doeswants notto attendassure thethat conference,FMCSA orwill doesbe notable submitto theissue requesteda data,final thewritten FMCSAdecision maybefore dismiss the newprohibitions entrant'soutlined requestin for§ review385.dc) Thetake FMCSAeffect, willthe completenew entrant must submit its reviewrequest andno notifylater thethan new15 entrantdays infrom writingthe date of the notice that its decisionbasic withinsafety 30management dayscontrols afterare receivinginadequate. aFailure to submit the request forwithin reviewthis from15-day aperiod hazardousmay materialsresult orin passengerrevocation of new entrant registration and withinissuance 45of daysan fromout-of-service anyorder otherbefore newcompletion entrantof administrative review.
(e) AFMCSA newwill entrantcomplete mustits makereview aand requestnotify forthe annew administrativeentrant reviewin writing of its decision within:
(1) 9045 days ofafter thereceiving datea whenrequest itfor wasreview initiallyfrom notifieda undernew entrant that is subject to § 385.319(c) that its basic safety management controls were inadequate; or(1).
(2) 9030 days after itreceiving wasa notifiedrequest thatfor itsreview correctivefrom actiona undernew entrant that is subject to § 385.319(c) was insufficient and its basic safety management controls remain inadequate(2).
(f) The Field Administrator's decision constitutes the final agencyAgency action.
(g) Notwithstanding this subpart, a new entrant is subject to the suspension and revocation provisions of 49 U.S.C. 13905 for violations of DOT regulations governing motor carrier operations.
[73 FR 76490, Dec. 16, 2008]
(a) If a new entrant receives a notice under § 385.319(c) that its new entrant registration will be revoked, it may request FMCSA to conduct an administrative review if it believes FMCSA has committed an error in determining that its basic safety management controls are inadequate. The request must:
(1) Be made to the Field Administrator of the appropriate FMCSA Service Center.
(2) Explain the error the new entrant believes FMCSA committed in its determination.
(3) Include a list of all factual and procedural issues in dispute and any information or documents that support the new entrant's argument.
(b) FMCSA may request that the new entrant submit additional data and attend a conference to discuss the issues(s) in dispute. If the new entrant does not attend the conference or does not submit the requested data, FMCSA may dismiss the new entrant's request for review.
(c) A new entrant must submit a request for an administrative review within one of the following time periods:
(1) If it does not submit evidence of corrective action under § 385.319(c), within 90 days after the date it is notified that its basic safety management controls are inadequate.
(2) If it submits evidence of corrective action under § 385.319(c), within 90 days after the date it is notified that its corrective action is insufficient and its basic safety management controls remain inadequate.
(d) If a new entrant wants to assure that FMCSA will be able to issue a final written decision before the prohibitions outlined in § 385.325(c) take effect, the new entrant must submit its request no later than 15 days from the date of the notice that its basic safety management controls are inadequate. Failure to submit the request within this 15-day period may result in revocation of new entrant registration and issuance of an out-of-service order before completion of administrative review.
(e) FMCSA will complete its review and notify the new entrant in writing of its decision within:
(1) 45 days after receiving a request for review from a new entrant that is subject to § 385.319(c)(1).
(2) 30 days after receiving a request for review from a new entrant that is subject to § 385.319(c)(2).
(f) The Field Administrator's decision constitutes the final Agency action.
(g) Notwithstanding this subpart, a new entrant is subject to the suspension and revocation provisions of 49 U.S.C. 13905 for violations of DOT regulations governing motor carrier operations.
[73 FR 76490, Dec. 16, 2008]
Amendment history
3 distinct wordings on file since Oct. 1, 2002- [73 FR 76490, Dec. 16, 2008]
- [73 FR 76490, Dec. 16, 2008]
- Oct. 1, 2002 → Oct. 1, 2009annual editions 2002–2008
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.