May a new entrant request an administrative review of a determination of a failed safety audit?
If a new entrant receives a notice under § 385.319(c) that its new entrant registration will be revoked, it may request FMCSA to conduct an administrative review if it believes FMCSA has committed an error in determining that its basic safety management controls are inadequate. The request must: • Be made to the Field Administrator of the appropriate FMCSA Service Center • Explain the error the new entrant believes FMCSA committed in its determination • Include a list of all factual and procedural issues in dispute and any information or documents that support the new entrant’s argument FMCSA may request that the new entrant submit additional data and attend a conference to discuss the issues(s) in dispute. If the new entrant does not attend the conference or does not submit the requested data, FMCSA may dismiss the new entrant’s request for review. A new entrant must submit a request for an administrative review within one of the following time periods: • If it does not submit evidenc
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