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28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note, 31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and 315; and 49 CFR 1.81, 1.87.
50 FR 40306, Oct. 2, 1985, unless otherwise noted.
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Nomenclature changes to part 386 appear at 65 FR 7755, Feb. 16, 2000, and 88 FR 80182, Nov. 17, 2023.
(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 Agency Decisionmaker's ruling will not be permitted.
[70 FR 28485, May 18, 2005, as amended at 88 FR 80183, Nov. 17, 2023; 89 FR 713, Jan. 5, 2024]