[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR190.213]

[Page 12-13]
 
                        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. 190.213  Final order.

    (a) After a hearing under Sec. 190.211 or, if no hearing has been 
held, after expiration of the 30 day response period prescribed in 
Sec. 190.209, the case file of an enforcement proceeding commenced under 
Sec. 190.207 is forwarded to the Associate Administrator, OPS for 
issuance of a final order.
    (b) The case file of an enforcement proceeding commenced under 
Sec. 190.207 includes:
    (1) The inspection reports and any other evidence of alleged 
violations;
    (2) A copy of the notice of probable violation issued under 
Sec. 190.207;
    (3) Material submitted by the respondent in accord with Sec. 190.209 
in response to the notice of probable violation;
    (4) The Regional Director's evaluation of response material 
submitted by the respondent and recommendation for final action to be 
taken under this section; and
    (5) In cases involving a Sec. 190.211 hearing, any material 
submitted during and after the hearing and the presiding official's 
recommendation for final action to be taken under this section.

[[Page 13]]

    (c) Based on a review of a case file described in paragraph (b) of 
this section, the Associate Administrator, OPS shall issue a final order 
that includes--
    (1) A statement of findings and determinations on all material 
issues, including a determination as to whether each alleged violation 
has been proved;
    (2) If a civil penalty is assessed, the amount of the penalty and 
the procedures for payment of the penalty, provided that the assessed 
civil penalty may not exceed the penalty proposed in the notice of 
probable violation; and
    (3) If a compliance order is issued, a statement of the actions 
required to be taken by the respondent and the time by which such 
actions must be accomplished.
    (d) Except as provided by Sec. 190.215, an order issued under this 
section regarding an enforcement proceeding is considered final 
administrative action on that enforcement proceeding.
    (e) It is the policy of the Associate Administrator, OPS to issue a 
final order under this section within 45 days of receipt of the case 
file, unless it is found impracticable to take action within that time. 
In cases where it is so found and the delay beyond that period is 
expected to be substantial, notice of that fact and the date by which it 
is expected that action will be taken is issued to the respondent.

[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18514, 
Apr. 26, 1996]