386.13 Petitions to review and request for hearing: Driver qualification proceedings.§ 386.13 Petitions to review and request for hearing: Driver qualification proceedings.
(a) 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. Such petitions must be submitted to the Assistant Administrator 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.
(b) Failure to submit a petition as specified in paragraph (a) of this section shall constitute a waiver of the right to petition for review of the determination or letter of disqualification. In these cases, the determination or disqualification issued automatically becomes the final decision of the Assistant Administrator 30 days after the time to submit the reply or petition to review has expired, unless the Assistant Administrator orders otherwise.
(c) If the petition does not request a hearing, the Assistant Administrator may issue a final decision and order based on the evidence and arguments submitted.[50 FR 40306, Oct. 2, 1985, as amended at 78 FR 58481, Sept. 24, 2013]