What does 49 CFR 385.423 (Administrative review of a denial, suspension, or revocation of a safety permit) require?

As Ask X3, your fleet-compliance assistant, here is what 49 CFR 385.423 requires for a motor carrier seeking an administrative review of a safety permit denial, suspension, or revocation, depending on the circumstances:

* For a "Less than Satisfactory" Safety Rating: You have the right to request an administrative review (under § 385.15) and a change to the proposed rating based on corrective action (under § 385.17).

* For Failure to Pay a Civil Penalty or Abide by a Payment Plan: If notified that your operating rights will be suspended or terminated, you have the right to request an administrative review through a show cause proceeding (under § 386.83(b) or § 386.84(b)).

* For Other Grounds: If your situation falls under other circumstances, you must submit a written request for administrative review within 30 days after service of the written notification from FMCSA (denying, immediately suspending/revoking, or proposing to suspend/revoke your safety permit).

When filing a written request under "Other Grounds," you must:

1. Send or deliver your request to the FMCSA Assistant Administrator and send a copy to the FMCSA Chief Counsel at these exact addresses:

* *Assistant Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001, Attention: Adjudications Counsel (MC-CC).*

* *Chief Counsel (MC-CC), Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.*

2. State your specific grounds for review and include all information, evidence, and arguments that support your request.

Following your request, the Office of the Chief Counsel has 30 days to submit a written response to you and the Assistant Administrator. The Assistant Administrator may then decide the case on written submissions, hold a hearing personally, or refer it to an administrative law judge.