---
kind: "section"
citation: "49 C.F.R. § 385.15"
title: "49"
number: "385.15"
heading: "Administrative review."
url: "https://uscodex.org/cfr/49/385.15"
---

# §385.15. Administrative review.

- (a) A motor carrier may request FMCSA to conduct an administrative review if it believes FMCSA has committed an error in assigning its proposed or final safety rating in accordance with [§ 385.11](/cfr/49/385.11.md).
- (b) The motor carrier's request must explain the error it believes the FMCSA committed in issuing the safety rating. The motor carrier must include a list of all factual and procedural issues in dispute, and any information or documents that support its argument.
- (c) The motor carrier must submit its request in writing to the Assistant Administrator, ATTN: Adjudications Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.
  - (1) If a motor carrier has received a notice of a proposed “unsatisfactory” safety rating, it should submit its request within 15 days from the date of the notice. This time frame will allow the FMCSA to issue a written decision before the prohibitions outlined in § [385.13 (a)(1)](/cfr/49/385.13.md?p=a-1) and [(2)](/cfr/49/385.13.md?p=a-2) take effect. Failure to petition within this 15-day period may prevent the FMCSA from issuing a final decision before such prohibitions take effect.
  - (2) A motor carrier must make a request for an administrative review within 90 days of the date of the proposed safety rating issued under [§ 385.11 (c)](/cfr/49/385.11.md?p=c) or a final safety rating issued under [§ 385.11 (b)](/cfr/49/385.11.md?p=b), or within 90 days after denial of a request for a change in rating under [§ 385.17(i)](/cfr/49/385.17.md?p=i).
- (d) The FMCSA may ask the motor carrier to submit additional data and attend a conference to discuss the safety rating. If the motor carrier does not provide the information requested, or does not attend the conference, the FMCSA may dismiss its request for review.
- (e) The FMCSA will notify the motor carrier in writing of its decision following the administrative review. The FMCSA will complete its review:
  - (1) Within 30 days after receiving a request from a hazardous materials or passenger motor carrier that has received a proposed or final “unsatisfactory” safety rating.
  - (2) Within 45 days after receiving a request from any other motor carrier that has received a proposed or final “unsatisfactory” safety rating.
- (f) **The decision constitutes final agency action.**
- (g) Any motor carrier may request a rating change under the provisions of [§ 385.17](/cfr/49/385.17.md).

## Notes

### Amendments

[65 FR 50935, Aug. 22, 2000, as amended at 72 FR 55701, Oct. 1, 2007; 75 FR 17241, Apr. 5, 2010; 77 FR 28450, 28454, May 14, 2012; 86 FR 57070, Oct. 14, 2021]

### Authority

Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113, 13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec. 113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 408, Pub. L. 104-88, 109 Stat. 803, 958; sec. 350, Pub. L. 107-87, 115 Stat. 833, 864; sec. 5205, Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.

### Source

Source: 53 FR 50968, Dec. 19, 1988, unless otherwise noted.

### Amendments

[65 FR 50935, Aug. 22, 2000, as amended at 72 FR 55701, Oct. 1, 2007; 75 FR 17241, Apr. 5, 2010; 77 FR 28450, 28454, May 14, 2012; 86 FR 57070, Oct. 14, 2021]