Ask X3What does 49 CFR 385.327 (Safety audit: Administrative review) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 385.327 requires if you receive a notice that your new entrant registration will be revoked because FMCSA determined your basic safety management controls are inadequate:
* Filing the Request: You may request an administrative review if you believe FMCSA made an error. Your request must be made to the Field Administrator of the appropriate FMCSA Service Center, explain the alleged error, and include a list of all factual and procedural issues in dispute along with supporting documents or information.
* Deadlines to File:
* If you do not submit evidence of corrective action, you must file within 90 days after the date you are notified that your controls are inadequate.
* If you do submit evidence of corrective action, you must file within 90 days after the date you are notified that your corrective action is insufficient and your controls remain inadequate.
* Important Timing Rule: To ensure FMCSA issues a final written decision *before* operational prohibitions take effect, you must submit your request no later than 15 days from the date of the notice. Waiting past 15 days can result in the revocation of your registration and an out-of-service order before the review is completed.
* Cooperation: You may be asked by FMCSA to submit additional data and attend a conference to discuss the disputed issues. You must attend and provide the requested data, or FMCSA may dismiss your review request.