[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.16]

[Page 1034-1035]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
            Subpart B_Commencement of Proceedings, Pleadings
 
Sec. 386.16  Action on petitions or replies.

    (a) Replies not requesting an oral hearing. If the reply submitted 
does not request an oral hearing, the Assistant Administrator may issue 
a final decision and order based on the evidence and arguments 
submitted.
    (b) Request for oral hearing. If a request for an oral hearing has 
been filed, the Assistant Administrator shall determine whether there 
are any material factual issues in dispute. If there

[[Page 1035]]

are, he/she shall call the matter for a hearing. If there are none, he/
she shall issue an order to that effect and set a time for submission of 
argument by the parties. Upon the submission of argument he/she shall 
decide the case.
    (c) Settlement of civil forfeitures. (1) When negotiations produce 
an agreement as to the amount or terms of payment of a civil penalty or 
the terms and conditions of an order, a settlement agreement shall be 
drawn and signed by the respondent and the Assistant Administrator. Such 
settlement agreement must contain the following:
    (i) The statutory basis of the claim;
    (ii) A brief statement of the violations;
    (iii) The amount claimed and the amount paid;
    (iv) The date, time, and place and form of payment;
    (v) A statement that the agreement is not binding on the agency 
until executed by the Assistant Administrator; and
    (vi) A statement that failure to pay in accordance with the terms of 
the agreement which has been adopted as a Final Order will result in the 
loss of any reductions in penalties for claims found to be valid, and 
the original amount claimed will be due immediately.
    (2) Any settlement agreement may contain a consent order.
    (3) An executed settlement agreement is binding on the respondent 
and the claimant according to its terms. The respondent's consent to a 
settlement agreement that has not been executed by the Assistant 
Administrator may not be withdrawn for a period of 30 days after it is 
executed by the respondent.

[50 FR 40306, Oct. 2, 1985, as amended at 56 FR 10183, Mar. 11, 1991]