Ask X3What does 49 CFR 385.913 (Revocation proceedings) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 385.913 requires for revocation proceedings:
When Proceedings Can Start
The Agency Official may issue an order to revoke your motor carrier registration if it is determined that:
1. A determination has been made under § 385.905(b); and
2. You have willfully violated an order directing compliance with a statutory or regulatory requirement under 49 U.S.C., Chapter 311, subchapter III for at least 30 days.
How Proceedings Begin
The Agency Official starts the process by serving you an "order to show cause." This order will:
* Give you notice that the Agency is considering revoking your registration and state the factual and legal reasons why.
* Direct you to comply with a specific statute, regulation, or registration condition.
* Instruct you that your response must be in writing, include your factual and legal basis, and contain all supporting documentation you want considered.
* Provide the name and address of the person to whom you must send your response.
* Warn you that your registration may be revoked on the 35th day after the order is served if you (or an intervening person) do not demonstrate in writing that you have complied, or show good cause why compliance is not required or why your registration should not be revoked.
Responding and Review
* You must submit your written response and documentation as directed.
* The Agency Official will review your response and either issue an order revoking your registration or enter an order to terminate the proceeding if revocation is not warranted (49 CFR 385.913).
If Your Registration is Revoked
If the Agency Official issues an order revoking your registration, that order will notify you of:
* Your right to petition for administrative review within 15 days (following procedures in § 385.911(e)).
* The fact that filing a timely petition for review will stay the effective date of the order, unless the Assistant Administrator orders otherwise for good cause.
* The warning that failing to file a timely petition for review waives your right to contest the order, causing it to become a Final Agency Order 20 days after it is served.
* The notice that a Final Agency Order revoking your registration stays in effect and blocks the approval of any future registration applications until the Agency Official rescinds it under § 385.915.