[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: 49CFR107.321]

[Page 38-39]
 
                        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.  107.321  Hearing.

    (a) To the extent practicable, the hearing is held in the general 
vicinity of the place where the alleged violation occurred or at a place 
convenient to the respondent. Testimony by witnesses shall be given 
under oath and the hearing shall be recorded verbatim.
    (b) Hearings are conducted in accordance with the Federal Rules of 
Evidence and Federal Rules of Civil Procedure; however, the ALJ may 
modify them as he determines necessary in the interest of a full 
development of the facts. In addition, the ALJ may:
    (1) Administer oaths and affirmations;
    (2) Issue subpoenas as provided by Sec.  105.45;
    (3) Adopt procedures for the submission of motions, evidence, and 
other documents pertinent to the proceeding;
    (4) Take or cause depositions to be taken;
    (5) Rule on offers of proof and receive relevant evidence;
    (6) Examine witnesses at the hearing;
    (7) Convene, recess, reconvene, adjourn and otherwise regulate the 
course of the hearing;
    (8) Hold conferences for settlement, simplification of the issues, 
or any other proper purpose; and
    (9) Take any other action authorized by, or consistent with, the 
provisions of this subpart and permitted by law which may expedite the 
hearing or aid in the disposition of an issue raised therein.
    (c) The official who issued the notice of probable violation, or his 
representative, has the burden of proving the facts alleged therein.
    (d) The respondent may appear and be heard on his own behalf or 
through counsel of his choice. The respondent or his counsel may offer 
relevant information including testimony which he believes should be 
considered in opposition to the allegations or which may bear on the 
sanction being sought and

[[Page 39]]

conduct such cross-examination as may be required for a full disclosure 
of the facts.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 67 FR 61011, 
Sept. 27, 2002]