Adjudication Categories
FMCSA writes three categories of adjudicatory opinions that are issued as decisions/orders:
- Civil Penalties (See 49 CFR Part 386)
- Safety Ratings (See 49 CFR Part 385)
- Hazardous Material Safety Permits (See 49 CFR part 385)
- Record Consolidation Orders (See 49 CFR Part 386)
Regulations.gov
FMCSA opinions are available at Regulations.gov.
At Regulations.gov, a user may access FMCSA opinions by performing various document searches. To help the user effectively search for opinions, the following is a brief set of user instructions.
If the user knows the Docket ID (e.g. FMCSA-2008-0258), the user can search for the decision/order from the homepage.
Enter the Docket ID into the "Search Documents" field and click "Go". The resulting search page will list each of the documents in Regulations.gov that are associated with that Docket ID (e.g. FMCSA-2008-0258-001 and FMCSA-2008-0258-002).
Click on the document icon to view the desired decision/order. Notably, each of the pleadings in the case will also be available.
Regulations.gov Advanced Search
The "Advanced Docket Search" will allow the user to find a decision/order, if the user does not know the Docket ID.
From the homepage, click on the "select here" link next to the words Advanced Docket Search under the title "More Search Options".
The resulting screen will allow the user to enter identifying information into a series of fields that represents certain identifying characteristics of the decision/order. Enter the relevant information into the corresponding fields.
For example, a user attempting to find a FMCSA order granting a motion to dismiss a hazardous materials safety permit review case regarding Nittany Lion Inc, may enter the following information:
- In the "Agency" field, select "Federal Motor Carrier Safety Administration*"; in the Title field enter Nittany Lion Inc in the Type field, select nonrulemaking and, in the Subtype field select "Hazardous Materials Safety Permit Review."
- To search, click "submit" at the bottom of the screen. Regulations.gov will retrieve a list of Docket IDs that contain documents matching the information provided by the user (e.g. "In the Matter of Nittany Lion Inc - Safety Permit Review").
- Select the appropriate Docket ID by clicking on the link. The Docket Details page will appear. This page will list all of the documents contained in the Docket.
- After you identify the desired decision/order (e.g. "In the Matter of Nittany Lion Inc - Order Dismissing Proceeding") , click on the document icon under the "Views" heading to access the decision/order.
For further information please read the "How to Use This Site" instructions on the Regulations.gov homepage.
*Note: decisions/orders dated from September 1993-October 1999 were issued by the Federal Highway Administration; decisions/orders dated from October 1999-December 31, 1999 were issued by the Office of Motor Carrier Safety; and, decisions/orders dated from January 1, 2000-present have been issued by the Federal Motor Carrier Safety Administration.