Ask X3What does 49 CFR 385.1009 (Suspension proceedings) require?
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Based on 49 CFR 385.1009, suspension proceedings involve the following requirements and steps for a motor carrier:
* Commencement: The Agency Official may start a proceeding by serving an order that:
* Notifies you that the Agency is considering suspending your registration and provides the factual and legal basis for it.
* Directs you to comply with a regulation or condition of your registration.
* Tells you that your written response must state your factual or legal basis and include all documentation you want considered.
* Provides the name and address of the person to whom you must send and serve your response.
* Warns you that your registration may be suspended on the 35th day after the order is served unless you demonstrate in writing that you have complied with the directive, or show good cause why compliance is not required or why your registration should not be suspended.
* Response and Review: The Agency Official will review your written response. If the official determines your registration should be suspended, an order of suspension will be entered.
* Right to Review (Administrative Review): If an order suspending your registration is entered, it will inform you of the following:
* You have the right to petition the Assistant Administrator for review within 15 days of service, following the procedures in § 385.911(e).
* Filing a timely petition for review will stay (pause) the effective date of the suspension order, unless the Assistant Administrator orders otherwise for good cause.
* Failing to file a timely petition for review waives your right to contest the suspension order and causes it to become a Final Agency Order 20 days after it is served.
* A Final Agency Order suspending your registration will stay in effect and block approval of any future registration applications until the Agency Official rescinds it under § 385.1013.