49 CFR § 386.64 - Reconsideration.

---
identifier: "/us/cfr/t49/s386.64"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 386.64 - Reconsideration."
title_number: 49
title_name: "Transportation"
section_number: "386.64"
section_name: "Reconsideration."
chapter_name: "FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "B"
subchapter_name: "FEDERAL MOTOR CARRIER SAFETY REGULATIONS"
part_number: "386"
part_name: "RULES OF PRACTICE FOR FMCSA PROCEEDINGS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note, 31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and 315; and 49 CFR 1.81, 1.87."
regulatory_source: "50 FR 40306, Oct. 2, 1985, unless otherwise noted."
cfr_part: "386"
---


# 386.64 Reconsideration.

(a) Within 20 days following service of the Final Order, any party may petition the Agency Decisionmaker for reconsideration of the order. If a civil penalty was imposed, the filing of a petition for reconsideration stays the entire action, unless the Agency Decisionmaker orders otherwise.

(b) In the event a Notice of Default and Final Order is issued by the Field Administrator as a result of the respondent's failure to reply in accordance with § 386.14(a), the only issue that will be considered upon reconsideration is whether a default has occurred under § 386.14(c). The Final Order may be vacated where a respondent can demonstrate excusable neglect, a meritorious defense, or due diligence in seeking relief.

(c) Either party may serve an answer to a petition for reconsideration within 30 days of the service date of the petition.

(d) Following the close of the 30-day period, the Agency Decisionmaker will rule on the petition.

(e) The ruling on the petition will be the Final Agency Order. A petition for reconsideration of the Agency Decisionmaker's ruling will not be permitted.

[70 FR 28485, May 18, 2005, as amended at 88 FR 80183, Nov. 17, 2023; 89 FR 713, Jan. 5, 2024]