[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: 49CFR107.325]

[Page 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. 107.325  Appeals.

    (a) Hearing proceedings. A party aggrieved by an ALJ's decision and 
order issued under Sec. 107.323, may file a written appeal in 
accordance with paragraph (c) of this section with the Administrator, 
Research and Special Programs Administration (RSPA), 400 Seventh Street, 
SW., Washington, DC 20590-0001.
    (b) Non-Hearing proceedings. A respondent aggrieved by an order 
issued under Sec. 107.317, may file a written appeal in accordance with 
paragraph (c) of this section with the Administrator, RSPA, 400 Seventh 
Street, SW., Washington, DC 20590-0001.
    (c) An appeal of an order issued under this subpart must:
    (1) Be filed within 20 days of receipt of the order by the appealing 
party; and
    (2) State with particularity the findings in the order that the 
appealing party challenges, and include all information and arguments 
pertinent thereto.
    (d) If the Administrator, RSPA, affirms the order in whole or in 
part, the respondent must comply with the terms of the decision within 
20 days of the respondent's receipt thereof, or within the time 
prescribed in the order. If the respondent does not comply with the 
terms of the decision within 20 days of receipt, or within the time 
prescribed in the order, the case may be referred to the Attorney 
General for action to enforce the terms of the decision.
    (e) The filing of an appeal stays the effectiveness of an order 
issued under Sec. 107.317 or Sec. 107.323. However, if the 
Administrator, RSPA, determines that it is in the public interest, he 
may keep an order directing compliance in force pending appeal.

[][Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 50 FR 45730, 
Nov. 1, 1985; Amdt. 107-22, 55 FR 39978, Oct. 1, 1990]