What does 49 CFR 107.125 (Appeal) require?
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Short answer
To appeal under 49 CFR 107.125, a person must file a written appeal with the Administrator within 30 days of receipt of the Associate Administrator's decision on reconsideration. The appeal must state alleged errors of fact and law, enclose additional information, and specify the modification of the final decision sought.
The rule says
"The appeal must— (1) Be in writing or by electronic means and filed within 30 days of receipt of the Associate Administrator's decision on reconsideration; (2) State in detail any alleged errors of fact and law; (3) Enclose any additional information needed to support the appeal; and (4) State in detail the modification of the final decision sought." (49 CFR 107.125(a))
In plain English
When a person is denied relief after requesting reconsideration, they can appeal to the Administrator. The appeal must be in writing, filed within 30 days, and include specific details about the errors of fact and law, as well as any additional information to support the appeal. The Administrator will then grant or deny the relief requested, and their decision is the final administrative action.
What to do
- File a written appeal with the Administrator within 30 days of receipt of the Associate Administrator's decision on reconsideration.
- State in detail any alleged errors of fact and law in the appeal.
- Enclose any additional information needed to support the appeal.
- Specify the modification of the final decision sought in the appeal.
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