§ 386.11 Commencement of proceedings.

(a) Driver qualification proceedings. These proceedings are commenced by the issuance of a determination by the DirectorFMCSA, Office of Motor Carrier Standards, in a case arising under § 391.47 of this chapter or by the issuance of a letter of disqualification.
(1) Such determination and letters must be accompanied by the following:
(i) A citation of the regulation under which the action is being taken;
(ii) A copy of all documentary evidence relied on or considered in taking such action, or in the case of voluminous evidence a summary of such evidence;
(iii) Notice to the driver and motor carrier involved in the case that they may petition for review of the action;
(iv) Notice that a hearing will be granted if the AssociateAgency AdministratorDecisionmaker determines there are material factual issues in dispute;
(v) Notice that failure to petition for review will constitute a waiver of the right to contest the action; and
(vi) Notice that the burden or proof will be on the petitioner in cases arising under § 391.47 of this chapter.
(2) At any time before the close of hearing, upon application of a party, the letter or determination may be amended at the discretion of the administrative law judge upon such terms as he/she approves.
(b) CivilNotice forfeituresof Violation. TheseThe proceedingsAgency aremay commencedissue by the issuance of a Claim Letter or a Notice of Investigation.
(1)Violation Eachas claima lettermeans must contain the following:
(i) A statement of thenotifying provisionsany ofperson lawsubject alleged to havethe beenrules violated;
(ii)in Athis briefpart statementthat ofit thehas factsreceived constitutinginformation each violation;
(iii)i.e., Noticefrom ofan theinvestigation, amount being claimedaudit, andor noticeany ofother thesource) maximumwherein amountit authorizedhas tobeen bealleged claimed under the statute;
(iv)person Thehas formviolated inprovisions whichof and the placeFMCSRs, whereHMRs, theor respondentFMCCRs. mayThe payNotice theof claim;Violation and
(v)serves Noticeas thatan theinformal respondentmechanism may,to withinaddress 15compliance daysdeficiencies. ofIf service, notify the claimantalleged thatdeficiency theis respondentnot intendsaddressed to contest the notice,satisfaction andof that if the noticeAgency, isformal contestedenforcement theaction respondentmay will be affordedtaken anin opportunityaccordance forwith a hearing.
(2) In addition to the information required by paragraph (bc)(1) of this section,. theA letterNotice mayof containViolation suchis othernot matters as the FHWA deems appropriate, including a noticeprerequisite to abate.
(3)the Inissuance proceedingsof fora collectionNotice of civilClaim. penaltiesThe forNotice violations of theViolation motorwill carrieraddress safety regulations under the Motorfollowing Carrier Safety Act of 1984issues, theas claimantappropriate:
(1) mayThe requirespecific thealleged respondentviolations.
(2) toAny postspecific aactions copy of the claimAgency letterdetermines inare such place or places and for such duration as the claimant may determine appropriate to aidremedy in the enforcementidentified of the law and regulationsproblems.
(c3) NoticeThe ofmeans investigation.by Thiswhich isthe anotified noticeperson tocan respondentinform the Agency that FHWAit has discoveredreceived violations of the FederalNotice Motorof CarrierViolation Safetyand regulationseither orhas Hazardousaddressed Materialsthe Regulationsalleged underviolation circumstances which may require a compliance order and/or monetarydoes penalty.not Theagree proposedwith form of the complianceAgency's orderassertions will be included in the notice.Notice Theof AssociateViolation.
(4) AdministratorAny mayother issuerelevant ainformation.
(c) NoticeCivil ofpenalty Investigationproceedings. inThese hisproceedings orare hercommenced ownby discretionthe orissuance uponof a complaintNotice filedof pursuant to § 386Claim.12.
(1) Each noticeNotice of investigationClaim must includecontain the following:
(i) A statement ofsetting theforth legal authority and jurisdiction for the institutionfacts of the proceedings;alleged.
(ii) TheA namestatement and address of eachthe motorprovisions carrierof againstlaw whomallegedly reliefviolated isby sought;the respondent.
(iii) OneThe orproposed morecivil clear,penalty concise, and separatelynotice numberedof paragraphs stating the factsmaximum allegedamount authorized to constitutebe aclaimed violationunder of the law;statute.
(iv) The relief demanded whichtime, where practical, should be in the form of an order for the Associate Administrator's signature, and whichmanner shallwhereby fix a reasonable time for abatement of the violationsrespondent and may specifypay, actionscontest, toor beotherwise takenseek inresolution orderof to abate the violations;claim.
(v2) AIn statementaddition that the rules in this part require a reply to be filed within 30 days of service of the noticeinformation ofrequired investigation,by and
paragraph (vic) A certificate that the notice of investigation was served in accordance with § 386.31.
(21) At any time before the close of hearingthis or upon application of a partysection, the noticeNotice of investigationClaim may becontain amendedsuch atother thematters discretionas of the administrativeAgency law judge upon such terms as he/she deems appropriate.
(3) AIn Claimproceedings Letterfor maycollection beof combinedcivil withpenalties afor Noticeviolations of Investigationthe inmotor acarrier singlesafety proceeding.regulations Inunder such proceeding, the 30-dayMotor replyCarrier periodSafety inAct paragraph (c)(1) of this1984, sectionthe shallAgency apply.
(4)may Arequire noticethe respondent to abatepost contained in a Claimcopy Letterof orthe Notice of InvestigationClaim shallin specifysuch whatplace mustor beplaces done by the respondent, a reasonable time within which abatement must be achieved, and thatfor failuresuch toduration abateas subjects the respondentAgency tomay additionaldetermine penaltiesappropriate asto prescribedaid in subpartthe Genforcement of thisthe partlaw and regulations.
[50 FR 40306, Oct. 2, 1985, as amended at 53 FR 2036, Jan. 26, 1988; 56 FR 10182, Mar. 11, 1991; 65 FR 7756, Feb. 16, 2000; 70 FR 28480, May 18, 2005; 78 FR 58481, Sept. 24, 2013; 86 FR 57071, Oct. 14, 2021]