Ask X3What does 49 CFR 385.1011 (Revocation proceedings) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 385.1011 requires regarding revocation proceedings:
* When Revocation Can Occur: The Agency Official may issue an order to revoke your motor carrier registration if a determination is made under § 385.1007 and it is determined that you have willfully violated a compliance order for at least 30 days.
* Commencement (Show Cause Order): The proceeding begins when the Agency Official serves you an order that provides notice of the potential revocation and its factual/legal basis, directs you to comply, and informs you that your response must be in writing, include your factual/legal basis and all supporting documentation, and be sent to a specific name and address.
* Response Deadline: The order will inform you that your registration may be revoked on the 35th day after service if you have not demonstrated in writing that you have complied or shown good cause why compliance is not required or why your registration should not be revoked.
* Agency Review: The Agency Official will review your response. If they determine your registration should be revoked, they will enter a revocation order. If not, they will terminate the proceeding.
* Revocation Order Contents: If a revocation order is issued, it will notify you of your right to petition the Assistant Administrator for review within 15 days (following § 385.911(e) procedures), inform you that a timely petition will stay the effective date (unless ordered otherwise), and warn that failing to timely petition waives your right to contest the order, making it a Final Agency Order 20 days after service, which bars any subsequent registration applications until rescinded under § 385.1013.