What happens if I choose to have the Assistant Administrator of FMCSA decide my case on written evidence?
If you chose to have the Assistant Administrator decide your case on written evidence, you must deny the claims in the NOC that you wish to contest in your reply. You must state your reasons for the denial. You must also assert any affirmative defenses (legal defenses to your claim) in your initial reply to the NOC, and request to submit written evidence. Claimant’s counsel will then serve and file its written evidence and argument in support of the NOC within 60 days of the date you served your reply to the NOC. In turn, you must then serve and file your written evidence and argument within 45 days of the agency’s written submission in support of the NOC. Claimant’s counsel may then file a written response to your submission within 20 days of the date of your submission. The Assistant Administrator will either render a decision on the evidence submitted or request further evidence or argument.
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