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e-CFR data is current as of September 17, 2020

Title 49Subtitle BChapter IIISubchapter BPart 386Subpart E → §386.64


Title 49: Transportation
PART 386—RULES OF PRACTICE FOR FMCSA PROCEEDINGS
Subpart E—Decision


§386.64   Reconsideration.

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

(b) In the event a Notice of Default and Final Agency 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 Agency 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 Assistant Administrator 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]

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