§386.64. Reconsideration.
49 C.F.R. § 386.64
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.
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.
Either party may serve an answer to a petition for reconsideration within 30 days of the service date of the petition.
Following the close of the 30-day period, the Agency Decisionmaker will rule on the petition.
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.
Notes, amendments, and revision history
Amendments
[70 FR 28485, May 18, 2005, as amended at 88 FR 80183, Nov. 17, 2023; 89 FR 713, Jan. 5, 2024]
Authority
Authority: 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.
Source
Source: 50 FR 40306, Oct. 2, 1985, unless otherwise noted.
Amendments
[70 FR 28485, May 18, 2005, as amended at 88 FR 80183, Nov. 17, 2023; 89 FR 713, Jan. 5, 2024]