[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR190.209]

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                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 190 --PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES--Table of Contents
 
                         Subpart B--Enforcement
 
Sec. 190.209  Response options.

    Within 30 days of receipt of a notice of probable violation, the 
respondent shall respond to the Regional Director who issued the notice 
in the following way:
    (a) When the notice contains a proposed civil penalty--
    (1) Pay the proposed civil penalty as provided in Sec. 190.227 and 
close the case with prejudice to the respondent;
    (2) Submit written explanations, information or other materials in 
answer to the allegations or in mitigation of the proposed civil 
penalty; or
    (3) Request a hearing under Sec. 190.211.
    (b) When the notice contains a proposed compliance order--
    (1) Agree to the proposed compliance order;
    (2) Request the execution of a consent order under Sec. 190.219;
    (3) Object to the proposed compliance order and submit written 
explanations, information or other materials in answer to the 
allegations in the notice of probable violation; or
    (4) Request a hearing under Sec. 190.211.
    (c) Failure of the respondent to respond in accordance with 
paragraph (a) of this section or, when applicable, paragraph (c) of this 
section, constitutes a waiver of the right to contest the allegations in 
the notice of probable violation and authorizes the Associate 
Administrator, OPS, without further notice to the respondent, to find 
facts to be as alleged in the notice of probable violation and to issue 
a final order under Sec. 190.213.

[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-1, 53 FR 1635, Jan. 
21, 1988; Amdt. 190-6, 61 FR 18513, Apr. 26, 1996; Amdt. 190-7, 61 FR 
27792, June 3, 1996; Amdt. 190-7, 63 FR 7722, Feb. 17, 1998]

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