What does 49 CFR 386.13 (Petitions to review and request for hearing: Driver qualification proceedings) require?

Short answer

49 CFR 386.13 requires a driver or carrier to petition to review a determination under 391.47 or a letter of disqualification within 60 days, including specific information and evidence. The petition must contain identification of the action to be overturned, copies of evidence, legal arguments, and a request for an oral hearing if desired.

The rule says

"Within 60 days after service of the determination under 391.47 of this chapter or the letter of disqualification, the driver or carrier may petition to review such action." (49 CFR 386.13(a))

"Such petitions must be submitted to the Agency Decisionmaker and must contain the following: (1) Identification of what action the petitioner wants overturned; (2) Copies of all evidence upon which petitioner relies in the form set out in 386.49; (3) All legal and other arguments which the petitioner wishes to make in support of his/her position; (4) A request for oral hearing, if one is desired, which must set forth material factual issues believed to be in dispute; (5) Certification that the petition has been filed in accordance with 386.6(c); and (6) Any other pertinent material." (49 CFR 386.13(a))

In plain English

This regulation provides a process for drivers or carriers to dispute a determination or disqualification made under 391.47. The petition must be submitted within 60 days and include specific information, such as the action being contested, evidence, and legal arguments. If the petition does not request a hearing, the Agency Decisionmaker may issue a final decision based on the submitted evidence and arguments. Failure to submit a petition within the specified timeframe constitutes a waiver of the right to contest the action.

What to do

• Submit a petition to review the determination or disqualification within 60 days.
• Include all required information, such as identification of the action, evidence, and legal arguments.
• Request an oral hearing if desired, and set forth material factual issues believed to be in dispute.
• Certify that the petition has been filed in accordance with 386.6(c) and include any other pertinent material.