---
kind: "section"
citation: "49 C.F.R. § 386.64"
title: "49"
number: "386.64"
heading: "Reconsideration."
url: "https://uscodex.org/cfr/49/386.64"
---

# §386.64. Reconsideration.

- (a) 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.
- (b) 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)](/cfr/49/386.14.md?p=a), the only issue that will be considered upon reconsideration is whether a default has occurred under [§ 386.14(c)](/cfr/49/386.14.md?p=c). The Final Order may be vacated where a respondent can demonstrate excusable neglect, a meritorious defense, or due diligence in seeking relief.
- (c) Either party may serve an answer to a petition for reconsideration within 30 days of the service date of the petition.
- (d) Following the close of the 30-day period, the Agency Decisionmaker will rule on the petition.
- (e) 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

[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]