[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR190.211]

[Page 12]
 
                        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. 190.211  Hearing.

    (a) A request for a hearing provided for in this part must be 
accompanied by a statement of the issues that the respondent intends to 
raise at the hearing. The issues may relate to the allegations in the 
notice, the proposed corrective action (including a proposed amendment, 
a proposed compliance order, or a proposed hazardous facility order), or 
the proposed civil penalty amount. A respondent's failure to specify an 
issue may result in waiver of the respondent's right to raise that issue 
at the hearing. The respondent's request must also indicate whether or 
not the respondent will be represented by counsel at the hearing.
    (b) A telephone hearing will be held if the amount of the proposed 
civil penalty or the cost of the proposed corrective action is less than 
$10,000, unless the respondent submits a written request for an in-
person hearing. Hearings are held in a location agreed upon by the 
presiding official, OPS and the respondent.
    (c) An attorney from the Office of the Chief Counsel, Research and 
Special Programs Administration, serves as the presiding official at the 
hearing.
    (d) The hearing is conducted informally without strict adherence to 
rules of evidence. The respondent may submit any relevant information 
and material and call witnesses on the respondent's behalf. The 
respondent may also examine the evidence and witnesses presented by the 
government. No detailed record of a hearing is prepared.
    (e) Upon request by respondent, and whenever practicable, the 
material in the case file pertinent to the issues to be determined is 
provided to the respondent 30 days before the hearing. The respondent 
may respond to or rebut this material at the hearing.
    (f) During the hearing, the respondent may offer any facts, 
statements, explanations, documents, testimony or other items which are 
relevant to the issues under consideration.
    (g) At the close of the respondent's presentation, the presiding 
official may present or allow the presentation of any OPS rebuttal 
information. The respondent may then respond to that information.
    (h) After the evidence in the case has been presented, the presiding 
official shall permit argument on the issues under consideration.
    (i) The respondent may also request an opportunity to submit further 
written materal for inclusion in the case file. The presiding official 
shall allow a reasonable time for the submission of the material and 
shall specify the date by which it must be submitted. If the material is 
not submitted within the time prescribed, the case shall proceed to 
final action without the material.
    (j) After submission of all materials during and after the hearing, 
the presiding official shall prepare a written recommendation as to 
final action in the case. This recommendation, along with any material 
submitted during and after the hearing, shall be included in the case 
file which is forwarded to the Associate Administrator, OPS for final 
administrative action.

[45 FR 20413, Mar. 17, 1980, as amended by Amdt. 190-3, 56 FR 31090, 
July 9, 1991; Amdt. 190-6, 61 FR 18514, Apr. 26, 1996; Amdt. 190-7, 61 
FR 27792, June 3, 1996]