Usdot

Dandino, Inc. v. U.S. Department of Transportation

Good Law
729 F.3d 917·2013 WL 4615026·2013 U.S. App. LEXIS 18188
United States Court of Appeals for the Ninth CircuitAugust 30, 201311-72113California2,774 words

Opinion

Opinion

Smith, J.

Dandino, Inc. petitions under 49 U.S.C. § 521 (b)(9) for review of an order of the Federal Motor Carrier Safety Administration (FMCSA, or the Agency). The Agency asserts that Dandino’s petition is untimely, and should be dismissed without consideration of its merits. Because we hold that § 521(b)(9) permits a party to file a petition for review with the proper court of appeals within 30 days of actual notice of the FMCSA’s final order, we conclude that Dandino’s petition was filed timely. However, we also find that Dandi-no’s petition lacks merit, and we affirm the Agency’s order.

BACKGROUND AND JURISDICTION

The FMCSA, an agency within the Department of Transportation (DOT), has authority to impose civil penalties on certain persons and entities who violate DOT regulations. 49 U.S.C. § 521 . Parties adversely affected by final agency orders imposing such penalties are entitled to seek review of such orders by a court of appeals. § 521(b)(9).

Dandino is a motor carrier of household goods. It applied to the FMCSA to change its company name from “Dandino Inc. d/b/a Relo Moving” to “Dandino Inc. d/b/a Winston.” The FMCSA approved the name change. In the same order, it also…

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