[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR190.209]

[Page 11-12]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 190_PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES--Table of Contents
 
                          Subpart B_Enforcement
 
Sec. 190.209  Response options.

    Within 30 days of receipt of a notice of probable violation, the 
respondent shall respond to the Regional Director who issued the notice 
in the following way:
    (a) When the notice contains a proposed civil penalty--
    (1) Pay the proposed civil penalty as provided in Sec. 190.227 and 
close the case with prejudice to the respondent;
    (2) Submit written explanations, information or other materials in 
answer to the allegations or in mitigation of the proposed civil 
penalty; or
    (3) Request a hearing under Sec. 190.211.
    (b) When the notice contains a proposed compliance order--
    (1) Agree to the proposed compliance order;
    (2) Request the execution of a consent order under Sec. 190.219;
    (3) Object to the proposed compliance order and submit written 
explanations, information or other materials in answer to the 
allegations in the notice of probable violation; or
    (4) Request a hearing under Sec. 190.211.
    (c) Failure of the respondent to respond in accordance with 
paragraph (a) of this section or, when applicable, paragraph (c) of this 
section, constitutes a waiver of the right to contest the allegations in 
the notice of probable violation and authorizes the Associate 
Administrator, OPS, without further notice to the respondent, to

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find facts to be as alleged in the notice of probable violation and to 
issue a final order under Sec. 190.213.

[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-1, 53 FR 1635, Jan. 
21, 1988; Amdt. 190-6, 61 FR 18513, Apr. 26, 1996; Amdt. 190-7, 61 FR 
27792, June 3, 1996; Amdt. 190-7, 63 FR 7722, Feb. 17, 1998]