---
kind: "section"
citation: "49 C.F.R. § 246.403"
title: "49"
number: "246.403"
heading: "Petition requirements."
url: "https://uscodex.org/cfr/49/246.403"
---

# §246.403. Petition requirements.

- (a) To obtain review of a railroad's decision to deny certification, deny recertification, or revoke certification, a person shall file a petition for review that complies with this section.
- (b) **Each petition shall—**
  - (1) Be in writing;
  - (2) Be filed no more than 120 days after the date the railroad's denial or revocation decision was served on the petitioner, except as provided for in [paragraph (d)](#d) of this section;
  - (3) **Be filed on <I>https—** //www.regulations.gov;
  - (4) Include the following contact information for the petitioner and petitioner's representative (if petitioner is represented):
    - (i) Full name;
    - (ii) Daytime telephone number; and
    - (iii) Email address;
  - (5) Include the name of the railroad and the name of the petitioner's employer (if different from the railroad that revoked petitioner's certification);
  - (6) Contain the facts that the petitioner believes constitute the improper action by the railroad and the arguments in support of the petition; and
  - (7) Include all written documents in the petitioner's possession or reasonably available to the petitioner that document the railroad's decision.
- (c) If requested by the Board, the petitioner must provide a copy of the information under [49 CFR 40.329](/cfr/49/40.329.md) that laboratories, medical review officers, and other service agents are required to release to employees. The petitioner must provide a written explanation in response to a Board request if written documents, that should be reasonably available to the petitioner, are not supplied.
- (d) The Board may extend the petition filing period in its discretion provided the petitioner provides good cause for the extension and:
  - (1) The request for an extension is filed before the expiration of the period provided for in [paragraph (b)(2)](#b-2) of this section; or
  - (2) **The failure to timely file was the result of excusable neglect.**
- (e) A party aggrieved by a Board decision to deny a petition as untimely or not in compliance with the requirements of this section may file an appeal with the Administrator in accordance with [§ 246.411](/cfr/49/246.411.md).

## 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 44873, May 21, 2024, unless otherwise noted.