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(a) General. The Agency Official may issue an order to revoke a motor carrier’s registration, if he or she:
(1) Makes a determination in accordance with §385.905(b), and
(2) Determines that the motor carrier has willfully violated any order directing compliance with any statutory or regulatory requirement prescribed under 49 U.S.C., Chapter 311, subchapter III for a period of at least 30 days.
(b) Commencement of proceedings. The Agency Official commences a proceeding under this section by serving an order to show cause to the motor carrier and, if the proceeding is based on the conduct of another person, by also serving a copy on the person alleged to have engaged in the pattern or practice that resulted in a proceeding instituted under this section, which:
(1) Provides notice that the Agency is considering whether to revoke the motor carrier’s registration;
(2) Provides notice of the factual and legal basis for the order;
(3) Directs the motor carrier to comply with a statute, regulation or condition of its registration;
(4) Informs the motor carrier that the response to the order to show cause must be in writing, state the factual and legal basis for its response and include all documentation, if any, the motor carrier wants considered;
(5) Informs the motor carrier of the address and name of the person to whom the response should be directed and served;
(6) Provides notice to the person, if any, of his or her right to intervene in the proceeding within 30 days of service of the order; and
(7) Informs the motor carrier that its registration may be revoked on the 35th day after service of the order issued under this section if the motor carrier or intervening person has not demonstrated, in writing, compliance with the order, or otherwise shown good cause why compliance is not required or the registration should not be revoked.
(c) Right of individual person(s) to intervene. A person(s) alleged to have engaged in the pattern or practice that resulted in a proceeding instituted under this section may intervene in the proceeding. The person(s) may—but are not required to—serve a separate response and supporting documentation to an order served under paragraph (b) of this section, within 30 days of being served with the order. Failure to timely serve a response constitutes waiver of the right to intervene. If the Agency Official previously issued an order under §385.911 based on the same conduct, a person who was given the opportunity to but did not intervene under §385.911(c) may not intervene under this section.
(d) Review of response. The Agency Official will review the response(s) to the order and determine whether the motor carrier’s registration should be revoked.
(1) The Agency Official will take one of the following actions:
(i) If the Agency Official determines the motor carrier’s registration should be revoked, he or she will enter an order revoking the motor carrier’s registration; or
(ii) If the Agency Official determines the motor carrier’s registration should not be revoked, he or she will enter an order terminating the proceeding.
(2) If the Agency Official issues an order to revoke the motor carrier’s registration, the order will:
(i) Provide notice to the motor carrier and any intervening person(s) of the right to petition for administrative review of the order within 15 days of service of the order revoking the motor carrier’s registration, and provide notice of the procedures in §385.911(e);
(ii) Provide notice that a timely petition for review will stay the effective date of the order unless the Assistant Administrator orders otherwise for good cause; and
(iii) Provide notice that failure to timely serve a petition for review constitutes waiver of the right to contest the order revoking the motor carrier’s registration and will result in the order becoming a Final Agency Order 20 days after it is served.
(iv) Provide notice that a Final Agency Order revoking the motor carrier’s registration will remain in effect and bar approval of any subsequent application for registration until rescinded by the Agency Official pursuant to §385.915.
(e) Administrative review. The motor carrier or intervening person may petition the Assistant Administrator for review of an order issued under paragraph (d)(1)(i) of this section by following the procedures set forth in §385.911(e).
[79 FR 3539, Jan. 22, 2014]