Ask X3What does 49 CFR 107.325 (Appeals) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 107.325 requires for motor carriers appealing a decision or order:
* Filing the Appeal: If you are aggrieved by an Administrative Law Judge's (ALJ) decision and order or a non-hearing proceeding order, you must file a written appeal with the Administrator, Office of the Administrator, Pipeline and Hazardous Materials Safety Administration, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
* Deadline: The appeal must be filed within 20 days of receiving the order.
* Content: The appeal must state with particularity which findings you are challenging and include all pertinent information and arguments.
* Compliance if Affirmed: If the Administrator affirms the order (in whole or in part), you must comply with the terms of the decision within 20 days of receiving it (or within the timeframe prescribed in the order). Failure to comply may result in the case being referred to the Attorney General for enforcement.
* Effect of Filing: Filing an appeal automatically pauses (stays) the effectiveness of the order, unless the Administrator determines it is in the public interest to keep a compliance order in force while the appeal is pending.