49 CFR §245.403
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)To obtain review of a railroad's decision to deny certification, deny recertification, or revoke certification, a person shall file a petition for review that complies with this section.
- (b)Each petition shall:
- (1)Be in writing;
- (2)Be filed no more than 120 days after the date the railroad's denial or revocation decision was served on the petitioner, except as provided for in paragraph (d) of this section;
- (3)Be filed on https://www.regulations.gov.
- (4)Include the following contact information for the petitioner and petitioner's representative (if petitioner is represented):
- (5)Include the name of the railroad;
- (6)Contain the facts that the petitioner believes constitute the improper action by the railroad and the arguments in support of the petition; and
- (7)Include all written documents in the petitioner's possession or reasonably available to the petitioner that document the railroad's decision.
- (c)If requested by the Board, the petitioner must provide a copy of the information under 49 CFR 40.329 that laboratories, medical review officers, and other service agents are required to release to employees. The petitioner must provide a written explanation in response to a Board request if written documents, that should be reasonably available to the petitioner, are not supplied.
- (d)The Board may extend the petition filing period in its discretion provided that the petitioner provides good cause for the extension and:
- (e)A party aggrieved by a Board decision to deny a petition as untimely or not in compliance with the requirements of this section may file an appeal with the Administrator in accordance with § 245.411.