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Current textSource: eCFR

§ 386.67 Judicial review.

Current wording, in the annual edition revised as of Oct. 1, 2006.

eCFR (current) ↗
What changedOct. 1, 2005 wording → Oct. 1, 2006 wording (current)+42 added−64 removedHide

Link(a) toAny anparty amendmentto publishedthe atunderlying 70 FR 28485proceeding, May 18, 2005.
Any aggrieved person, who, after aan hearingadministrative adjudication, is adversely affected by a finalFinal orderAgency Order issued under 49 U.S.C. 521 may, within 30 days of service of the Final Agency Order, petition for review of the order in the United States Court of Appeals in the circuit whereinwhere the violation is alleged to have occurred, or where the violator has his/herits principal place of business or residence, or in the United States Court of Appeals for the District of Columbia Circuit.
(b) ReviewJudicial ofreview thewill order shall be based on a determination of whether the Assistant Administrator's findings and conclusions in the Final Agency Order were supported by substantial evidence, or were otherwise not in accordance with law. No objection that has not been urgedraised before the AssistantAgency Administratorwill shall be considered by the court, unless reasonable grounds existed for failure or neglect to do so. The commencement of proceedings under this section shallwill not, unless ordered by the court, operate as a stay of the orderFinal Agency Order of the Assistant AdministratorAgency.
Effective Date Note:
At [70 FR 28485, May 18, 2005, § 386.67 was revised, effective November 14, 2005. For the convenience of the user, the revised text is set forth as follows:]

49 CFR § 386.67 — Judicial review.. Text current through October 22, 2026. This wording effective October 1, 2006 to present. Source: eCFR (current), https://www.ecfr.gov/current/title-49/section-386.67. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.67, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Any party to the underlying proceeding, who, after an administrative adjudication, is adversely affected by a Final Agency Order issued under 49 U.S.C. 521 may, within 30 days of service of the Final Agency Order, petition for review of the order in the United States Court of Appeals in the circuit where the violation is alleged to have occurred, or where the violator has its principal place of business or residence, or in the United States Court of Appeals for the District of Columbia Circuit.

(b) Judicial review will be based on a determination of whether the findings and conclusions in the Final Agency Order were supported by substantial evidence or were otherwise not in accordance with law. No objection that has not been raised before the Agency will be considered by the court, unless reasonable grounds existed for failure or neglect to do so. The commencement of proceedings under this section will not, unless ordered by the court, operate as a stay of the Final Agency Order of the Agency.

[70 FR 28485, May 18, 2005]

Amendment history

4 distinct wordings on file since Oct. 1, 1996
  1. Oct. 1, 2006 → presentannual editions 2006–2016diff vs. previousviewing
    [70 FR 28485, May 18, 2005]
  2. Oct. 1, 2005 → Oct. 1, 2006annual edition 2005diff vs. previous
  3. Oct. 1, 2000 → Oct. 1, 2005annual editions 2000–2004diff vs. previous
  4. 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. Set a case date in the header to read any earlier wording.