---
kind: "section"
citation: "49 C.F.R. § 245.407"
title: "49"
number: "245.407"
heading: "Request for a hearing."
url: "https://uscodex.org/cfr/49/245.407"
---

# §245.407. Request for a hearing.

- (a) 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](/cfr/49/245.409.md).
- (b) 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.
- (c) A written request for a hearing must contain the following:
  - (1) The name, telephone number, and email address of the requesting party and the requesting party's designated representative (if any);
  - (2) The name, telephone number, and email address of the respondent;
  - (3) The docket number for the case while it was before the Board;
  - (4) 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
  - (5) **The signature of the requesting party or the requesting party's representative (if any).**
- (d) Upon receipt of a hearing request complying with [paragraph (c)](#c) of this section, FRA shall arrange for the appointment of a presiding officer who shall schedule the hearing for the earliest practicable date.
- (e) If a party fails to request a hearing within the period provided in [paragraph (b)](#b) of this section, the Board's decision will constitute final agency action.

## Notes

### 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.