[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: 49CFR386.21]

[Page 1035-1036]
 
                        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 C_Compliance and Consent Orders
 
Sec. 386.21  Compliance order.


    (a) When a respondent contests a Notice of Investigation or fails to 
reply to such notice, the final order disposing of the proceeding may 
contain a compliance order.
    (b) A compliance order shall be executed by the Assistant 
Administrator and shall contain the following:
    (1) A statement of jurisdictional facts;
    (2) Findings of facts, or reference thereto in an accompanying 
decision, as determined by a hearing officer or by the Assistant 
Administrator upon respondent's failure to reply to the notice, which 
establish the violations charged;
    (3) A specific direction to the respondent to comply with the 
regulations violated within time limits provided;
    (4) Other directions to the respondent to take reasonable measures, 
in the time and manner specified, to assure future compliance;
    (5) A statement of the consequences for failure to meet the terms of 
the order;
    (6) Provision that the Notice of Investigation and the final 
decision of the hearing officer or Assistant Administrator may be used 
to construe the terms of the order; and
    (7) A statement that the order constitutes final agency action, 
subject to review as provided in 49 U.S.C. 521(b)(8) for violations of 
regulations issued under the authority of 49 U.S.C. 31502,

[[Page 1036]]

the Motor Carrier Safety Act of 1984 or sections 12002, 12003, 12004, 
12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 
1986; or as provided in 5 U.S.C. 701 et seq., for violations of 
regulations issued under the authority of 49 U.S.C. 5123 (hazardous 
materials proceedings) or 49 U.S.C. 31138-31139 (financial 
responsibility proceedings) or violations of the commercial regulations.
    (c) Notice of imminent hazard. A compliance order may also contain 
notice that further violations of the same regulations may constitute an 
imminent hazard subjecting respondent to an order under subpart F of 
this part.

[56 FR 10183, Mar. 11, 1991, as amended at 65 FR 7756, Feb. 16, 2000]