Ask X3What does 49 CFR 386.64 (Reconsideration) require?
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Based on 49 CFR 386.64, here are the practical requirements for a motor-carrier owner regarding reconsideration:
* Filing Deadline: You may petition the Agency Decisionmaker for reconsideration within 20 days following the service of a Final Order.
* Effect on Civil Penalties: If a civil penalty was imposed against you, filing your petition for reconsideration automatically stays (pauses) the entire action, unless the Agency Decisionmaker orders otherwise.
* If You Received a Notice of Default and Final Order: If this order was issued because you failed to reply on time under § 386.14(a), the *only* issue considered during reconsideration is whether a default actually occurred. You can get the Final Order vacated if you demonstrate excusable neglect, a meritorious defense, or due diligence in seeking relief.
* Opposing Answers: The opposing party has up to 30 days from the service date of your petition to serve an answer.
* Ruling: After that 30-day period closes, the Agency Decisionmaker will issue a ruling on the petition, which becomes the Final Agency Order. You are not permitted to file a petition for reconsideration of this final ruling.