[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: 49CFR107.327]

[Page 39-40]
 
                        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.  107.327  Compromise and settlement.

    (a) At any time before an order issued under Sec.  107.317 or Sec.  
107.323 is referred to the Attorney General for enforcement, the 
respondent or the Office of Chief Counsel may propose a compromise as 
follows:
    (1) In civil penalty cases, the respondent or Chief Counsel may 
offer to compromise the amount of the penalty by submitting an offer for 
a specific amount to the other party. An offer of compromise by the 
respondent shall be submitted to the Chief Counsel who may, after 
consultation with the Associate Administrator, accept or reject it.
    (i) A compromise offer stays the running of any response period then 
outstanding.
    (ii) If a compromise is agreed to by the parties, the respondent is 
notified in writing. Upon receipt of payment by Office of Chief Counsel, 
the respondent is notified in writing that acceptance of payment is in 
full satisfaction of the civil penalty proposed or assessed, and Office 
of Chief Counsel closes the case with prejudice to the respondent.

[[Page 40]]

    (iii) If a compromise cannot be agreed to, the respondent is 
notified in writing and is given 10 days or the amount of time remaining 
in the then outstanding response period, whichever is longer, to respond 
to whatever action was taken by the Office of Chief Counsel or the 
Administrator, RSPA.
    (2) In compliance order cases, the respondent may propose a consent 
agreement to the Chief Counsel. If the Chief Counsel accepts the 
agreement, he issues an order in accordance with its terms. If the Chief 
Counsel rejects the agreement, he directs that the proceeding continue. 
An agreement submitted to the Chief Counsel must include:
    (i) A statement of any allegations of fact which the respondent 
challenges;
    (ii) The reasons why the terms of a compliance order or proposed 
compliance order are or would be too burdensome for the respondent, or 
why such terms are not supported by the record in the case;
    (iii) A proposed compliance order suitable for issuance by the Chief 
Counsel;
    (iv) An admission of all jurisdictional facts; and
    (v) An express waiver of further procedural steps and all right to 
seek judicial review or otherwise challenge or contest the validity of 
the order.
    (b) Notwithstanding paragraph (a)(1) of this section, the respondent 
or Office of Chief Counsel may propose to settle the case. If the Chief 
Counsel agrees to a settlement, the respondent is notified and the case 
is closed without prejudice to the respondent.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 50 FR 45730, 
Nov. 1, 1985; Amdt. 107-24, 56 FR 8621, Feb. 28, 1991; 56 FR 15510, Apr. 
17, 1991; Amdt. 107-29, 58 FR 51527, Oct. 1, 1993; 66 FR 45377, Aug. 28, 
2001]