49 C.F.R. § 240.407

Request for a hearing

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(a) If adversely affected by the Operating Crew Review Board's decision, either the petitioner before the Board or the railroad involved shall have a right to an administrative proceeding as prescribed by § 240.409.

(b) To exercise that right, the adversely affected party shall, within 20 days of service of the Board's decision on that party, file a written request with the U.S. Department of Transportation, Docket Operations (M-30), West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. The form of such request may be in written or electronic form consistent with the standards and requirements established by the Federal Docket Management System and posted on its web site at http://www.regulations.gov.

(c) If a party fails to request a hearing within the period provided in paragraph (b) of this section, the Operating Crew Review Board's decision will constitute final agency action.

(d) If a party elects to request a hearing, that person shall submit a written request to the Docket Clerk containing the following:

(1) The name, address, telephone number, and email address (if available) of the respondent and the requesting party's designated representative, if any;

(2) The specific factual issues, industry rules, regulations, or laws that the requesting party alleges need to be examined in connection with the certification decision in question; and

(3) The signature of the requesting party or the requesting party's representative, if any.

(e) Upon receipt of a hearing request complying with paragraph (d) of this section, FRA shall arrange for the appointment of a presiding officer who shall schedule the hearing for the earliest practicable date.

[60 FR 53137, Oct. 12, 1995, as amended at 64 FR 70196, Dec. 16, 1999; 74 FR 25175, May 27, 2009; 85 FR 81319, Dec. 15, 2020]

Notes of Decisions

Cited in 4 cases, 1996–2007 · leading case: Stephen H. Peters v. Union Pac. R.R. Co., 80 F.3d 257 (8th Cir. 1996).

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Stephen H. Peters v. Union Pac. R.R. Co., 80 F.3d 257 (8th Cir. 1996). “49 C.F.R. §§ 240.407 , 240.411. Peters chose not to avail himself of this procedure and cannot now complain that he has no available remedy.”

Daniels v. Union Pac. R.R., 480 F. Supp. 2d 191 (D.D.C. 2007). “49 C.F.R. § 240.407 . An aggrieved party may appeal that decision to the FRA administrator.”

Carpenter v. Mineta, 432 F.3d 1029 (9th Cir. 2005). “49 C.F.R. §§ 240.407 , 240.409. The task of the presiding officer is not to review the LERB decision, but to determine de novo whether a candidate is qualified and whether a railroad’s denial of certification was correct.”

Stephen H. Peters v. Union Pac. RR (8th Cir. 1996). “49 C.F.R. §§ 240.407 , 240.411. Peters chose not to avail himself of this procedure and cannot now complain that he has no available remedy.”

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