• A carrier, if found to be noncompliant, might be subject to an administrative judgment within the FMCSA such as a Notice of Violation or a Notice of Claim.

Like other federal agencies, the Federal Motor Carrier Safety Administration (FMCSA) has a process in place for administrative proceedings. These are non-judicial proceedings within the agency, used to:

• Determine whether a motor carrier, intermodal equipment provider, driver, property broker, freight forwarder, or any other entity subject to the FMCSA’s jurisdiction has failed to comply with agency regulations or their underlying statutes; and
• Issue an appropriate order to compel compliance with the statute or regulation, assess a civil penalty, or both, if such violations are found.

Administrative proceedings are regulated under Part 386. These regulations include important information for motor carriers to be aware of should they become subject to enforcement actions, particularly a Notice of Violation, a Notice of Claim, an out-of-service order, or other serious disciplinary actions. In addition, Part 386 governs the proceedings for resolving conflicts in the driver medical examination process under 391.47.

A Notice of Violation is a formal written notice alleging violations of the Federal Motor Carrier Safety Regulations (FMCSRs), Hazardous Materials Regulations (HMRs), or FMCSA commercial regulations (FMCCRs). A Notice of Violation is used when the FMCSA wants to give the recipient a chance to correct the violations, rather than simply issuing a fine.

A Notice of Claim is a formal written notice that the FMCSA is assessing a civil penalty (fine) for violations of the FMCSRs, HMRs, and/or FMCCRs.

In general, when a motor carrier or other entity receives notice that it is the subject of, or is otherwise involved in, an administrative proceeding, the notice will include instructions and deadlines concerning how the carrier may respond or otherwise be involved in the process (e.g., by paying a penalty, appearing for a hearing, correcting violations, contesting a penalty, etc.). (Part 386)

If a carrier becomes involved in an administrative proceeding, they should be aware of the deadlines. For example, after receiving a Notice of Claim, the carrier has 30 days to either pay the penalty, contest the alleged violations, or seek binding arbitration to dispute the amount of the penalty. Failing to meet that deadline could result in a default judgment and order to pay the full penalty amount.