§245.407. Request for a hearing.
49 C.F.R. § 245.407
If adversely affected by the Board's decision, either the petitioner before the Board or the railroad involved shall have a right to an administrative proceeding as prescribed by § 245.409.
To exercise that right, the adversely affected party shall file a written request for a hearing within 20 days of service of the Board's decision on that party. The request must be filed in the docket on https://www.regulations.gov that was used when the case was before the Board.
A written request for a hearing must contain the following:
The name, telephone number, and email address of the requesting party and the requesting party's designated representative (if any);
The name, telephone number, and email address of the respondent;
The docket number for the case while it was before the Board;
The specific factual issues, industry rules, regulations, or laws that the requesting party alleges need to be examined in connection with the certification decision in question; and
The signature of the requesting party or the requesting party's representative (if any).
Upon receipt of a hearing request complying with paragraph (c) of this section, FRA shall arrange for the appointment of a presiding officer who shall schedule the hearing for the earliest practicable date.
If a party fails to request a hearing within the period provided in paragraph (b) of this section, the Board's decision will constitute final agency action.
Notes, amendments, and revision history
Authority
Authority: 49 U.S.C. 20103, 20107, 20162, 21301, 21304, 21311; 28 U.S.C. 2461 note; 49 CFR 1.89; and Pub. L. 110-432, sec. 402, 122 Stat. 4884.
Source
Source: 89 FR 44806, May 21, 2024, unless otherwise noted.