49 C.F.R. § 26.86

Decision letters

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(a) When a certifier denies a firm's request for certification or decertifies the firm, the certifier must provide the firm a NOD explaining the reasons for the adverse decision, specifically referencing the evidence in the record that supports each reason. A certifier must also include, verbatim, the instructions found on the Departmental Office of Civil Rights' web page, available at https://www.transportation.gov/dbeappeal.

(b) The certifier must promptly provide the applicant copies of all documents and other information on which it based the denial if the applicant requests them.

(c) The certifier must establish a waiting period for reapplication of no more than 12 months. That period begins to run the day after the date of the decision letter is emailed. After the waiting period expires, the denied firm may reapply to any member of the UCP that denied the application. The certifier must inform the applicant of that right, and specify the date the waiting period ends, in its decision letter.

(d) An appeal does not extend the waiting period.

[89 FR 24976, Apr. 9, 2024]

Notes of Decisions

Cited in 1 case, 2011–2011 · leading case: Best Wood Judge Firewood & Tree Serv. v. United States Dep't of Transp., 784 F. Supp. 2d 1059 (E.D. Wis. 2011).

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Best Wood Judge Firewood & Tree Serv. v. United States Dep't of Transp., 784 F. Supp. 2d 1059 (E.D. Wis. 2011). · cites it 2× “” 49 C.F.R. § 26.86 (a). Afterward, the firm may appeal the denial to the USDOT, where it is directed to the Office of Civil Rights.”

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