Ask X3What does 49 CFR 386.67 (Judicial review) require?
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As Ask X3, your fleet-compliance assistant, here is the answer based strictly on 49 CFR 386.67:
If you are adversely affected by a Final Agency Order after an administrative adjudication, 49 CFR 386.67 allows you to petition for judicial review in the appropriate United States Court of Appeals.
To successfully navigate this process, you must follow these practical requirements:
* Deadline: You must file your petition within 30 days of the service of the Final Agency Order.
* Location: You can file your petition in the U.S. Court of Appeals for the circuit where:
* The violation is alleged to have occurred,
* You have your principal place of business or residence, or
* The District of Columbia Circuit.
* Review Standard: The court will review the case to determine if the Agency's findings and conclusions were supported by substantial evidence or were otherwise not in accordance with the law.
* Previous Objections: You must have raised your objections before the Agency previously; the court will not consider new objections unless you had reasonable grounds for failing to raise them earlier.
* Stay of Order: Simply starting this court proceeding does *not* automatically pause (stay) the Final Agency Order. You must request and be ordered by the court to get a stay.