[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: 49CFR107.313]

[Page 37]
 
                        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. 107.313  Reply.

    (a) Within 30 days of receipt of a notice of probable violation, the 
respondent must either:
    (1) Admit the violation under Sec. 107.315;
    (2) Make an informal response under Sec. 107.317; or
    (3) Request a hearing under Sec. 107.319.
    (b) Failure of the respondent to file a reply as provided in this 
section constitutes a waiver of the respondent's right to appear and 
contest the allegations and authorizes the Chief Counsel, without 
further notice to the respondent, to find the facts to be as alleged in 
the notice of probable violation and issue an order directing compliance 
or assess a civil penalty, or, if proposed in the notice, both. Failure 
to request a hearing under paragraph (a)(3) of this section constitutes 
a waiver of the respondent's right to a hearing.
    (c) Upon the request of the respondent, the Office of Chief Counsel 
may, for good cause shown and filed within the 30 days prescribed in the 
notice of probable violation, extend the 30-day response period.