[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.305]

[Page 34-35]
 
                        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. 107.305  Investigations.

    (a) General. In accordance with its delegated authority under part 1 
of this title, the Associate Administrator may initiate investigations 
relating to compliance by any person with any provisions of this 
subchapter or subchapter C of this chapter, or any exemption, approval, 
or order issued thereunder, or any court decree relating thereto. The 
Associate Administrator encourages voluntary production of documents in 
accordance with and subject to Sec. 105.45, and hearings may be 
conducted, and depositions taken pursuant to 49 U.S.C. 5121(a). The 
Associate Administrator may conduct investigative conferences and 
hearings in the course of any investigation.
    (b) Investigations and Inspections. Investigations under 49 U.S.C. 
5121(a) are conducted by personnel duly authorized for that purpose by 
the Associate Administrator. Inspections under 49 U.S.C. 5121(c) are 
conducted by Hazardous Materials Enforcement Specialists, also known as 
``hazmat inspectors'' or ``inspectors,'' whom the Associate 
Administrator has designated for that purpose.
    (1) An inspector will, on request, present his or her credentials 
for examination, but the credentials may not be reproduced.
    (2) An inspector may administer oaths and receive affirmations in 
any matter under investigation by the Associate Administrator.
    (3) An inspector may gather information by reasonable means 
including, but not limited to, interviews, statements, photocopying, 
photography, and video- and audio-recording.
    (4) With concurrence of the Director, Office of Hazardous Materials 
Enforcement, Research and Special Programs Administration, an inspector 
may issue a subpoena for the production of documentary or other tangible 
evidence if, on the basis of information available to

[[Page 35]]

the inspector, the documents and evidence materially will advance a 
determination of compliance with this subchapter or subchapter C. 
Service of a subpoena shall be in accordance with Sec. 105.50. A person 
to whom a subpoena is directed may seek review of the subpoena by 
applying to the Office of Chief Counsel in accordance with Sec. 
105.55(a). A subpoena issued under this paragraph may be enforced in 
accordance with Sec. 105.55(b).
    (c) Notification. Any person who is the subject of an Associate 
Administrator investigation and who is requested to furnish information 
or documentary evidence is notified as to the general purpose for which 
the information or evidence is sought.
    (d) Termination. When the facts disclosed by an investigation 
indicate that further action is unnecessary or unwarranted at that time, 
the person being investigated is notified and the investigative file is 
closed without prejudice to further investigation by the Associate 
Administrator.
    (e) Confidentiality. Information received in an investigation under 
this section, including the identity of the person investigated and any 
other person who provides information during the investigation, shall 
remain confidential under the investigatory file exception, or other 
appropriate exception, to the public disclosure requirements of 5 U.S.C. 
552.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-24, 56 
FR 8621, Feb. 28, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 
107-38, 61 FR 21099, May 9, 1996; 66 FR 45377, Aug. 28, 2001; 67 FR 
61011, Sept. 27, 2002]

                  Compliance Orders and Civil Penalties