§FMCSR.com
Historical textIn force on Dec. 12, 2023Source: eCFR

§ 386.64 Reconsideration.

Wording effective November 27, 2023, superseded January 5, 2024.

eCFR as of December 12, 2023 ↗
49 CFR § 386.64 — Reconsideration.. Text in force on December 12, 2023. This wording effective November 27, 2023 to January 5, 2024. Source: eCFR as of December 12, 2023, https://www.ecfr.gov/on/2023-12-12/title-49/section-386.64. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.64?asof=2023-12-12, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Within 20 days following service of the Final Order, any party may petition the Agency Decisionmaker for reconsideration of the order. If a civil penalty was imposed, the filing of a petition for reconsideration stays the entire action, unless the Agency Decisionmaker orders otherwise.

(b) In the event a Notice of Default and Final Order is issued by the Field Administrator as a result of the respondent's failure to reply in accordance with § 386.14(a), the only issue that will be considered upon reconsideration is whether a default has occurred under § 386.14(c). The Final Order may be vacated where a respondent can demonstrate excusable neglect, a meritorious defense, or due diligence in seeking relief.

(c) Either party may serve an answer to a petition for reconsideration within 30 days of the service date of the petition.

(d) Following the close of the 30-day period, the Agency Decisionmaker will rule on the petition.

(e) The ruling on the petition will be the Final Agency Order. A petition for reconsideration of the Assistant Administrator's ruling will not be permitted.

[70 FR 28485, May 18, 2005, as amended at 88 FR 80183, Nov. 17, 2023]

Amendment history

7 distinct wordings on file since Oct. 1, 1996
  1. Jan. 5, 2024 → presenteCFR, day-precisediff vs. previous
    [70 FR 28485, May 18, 2005, as amended at 88 FR 80183, Nov. 17, 2023; 89 FR 713, Jan. 5, 2024]
  2. Nov. 27, 2023 → Jan. 5, 2024eCFR, day-precisediff vs. previousviewing
    [70 FR 28485, May 18, 2005, as amended at 88 FR 80183, Nov. 17, 2023]
  3. Nov. 17, 2023 → Nov. 27, 2023eCFR, day-precisediff vs. previous
    [70 FR 28485, May 18, 2005, as amended at 88 FR 80183, Nov. 17, 2023]
  4. Oct. 1, 2006 → Nov. 17, 2023annual editions 2006–2016diff vs. previous
    [70 FR 28485, May 18, 2005]
  5. Oct. 1, 2005 → Oct. 1, 2006annual edition 2005diff vs. previous
  6. Oct. 1, 2000 → Oct. 1, 2005annual editions 2000–2004diff vs. previous
  7. Oct. 1, 1996 → Oct. 1, 2000annual editions 1996–1999

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.