[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.319]

[Page 38]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents
 
                          Subpart D_Enforcement
 
Sec.  107.319  Request for a hearing.

    (a) In responding to a notice of probable violation under Sec.  
107.311, the respondent may request a formal administrative hearing on 
the record before an Administrative Law Judge (ALJ) obtained by the 
Office of the Chief Counsel.
    (b) A request for a hearing under paragraph (a) of this section 
must:
    (1) State the name and address of the respondent and of the person 
submitting the request if different from the respondent;
    (2) State which allegations of violations, if any, are admitted; and
    (3) State generally the issues to be raised by the respondent at the 
hearing. Issues not raised in the request are not barred from 
presentation at the hearing; and
    (4) Be addressed to the official who issued the notice.
    (c) After a request for a hearing that complies with the 
requirements of paragraph (b) of this section, the Chief Counsel obtains 
an ALJ to preside over the hearing and notifies the respondent of this 
fact. Upon assignment of an ALJ, further matters in the proceeding 
generally are conducted by and through the ALJ, except that the Chief 
Counsel and respondent may compromise or settle the case under Sec.  
107.327 of this subpart without order of the ALJ or voluntarily dismiss 
the case under Rule 41(a)(1) of the Federal Rules of Civil Procedure 
without order of the ALJ; in the event of such a compromise, settlement 
or dismissal, the Chief Counsel expeditiously will notify the ALJ 
thereof.
    (d) At any time after requesting a formal administrative hearing but 
prior to the issuance of a decision and final order by the ALJ, the 
respondent may withdraw such request in writing, thereby terminating the 
jurisdication of the ALJ in the case. Such a withdrawal constitutes an 
irrevocable waiver of respondent's right to such a hearing on the facts, 
allegations, and proposed sanction presented in the notice of probable 
violation to which the request for hearing relates.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 48 FR 17094, 
Apr. 21, 1983; Amdt. No. 107-19, 54 FR 22899, May 30, 1989]