[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR107.313]



[Page 36-37]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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



[[Page 37]]



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.