[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: 49CFR107.319]



[Page 37-38]

 

                        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. 107.319  Request for a hearing.



    (a) In responding to a notice of probable violation under Sec. 

107.311, the respondent may request a formal administrative hearing on 

the record before an Administrative Law Judge (ALJ) obtained by the 

Office of the Chief Counsel.



[[Page 38]]



    (b) A request for a hearing under paragraph (a) of this section 

must:

    (1) State the name and address of the respondent and of the person 

submitting the request if different from the respondent;

    (2) State which allegations of violations, if any, are admitted; and

    (3) State generally the issues to be raised by the respondent at the 

hearing. Issues not raised in the request are not barred from 

presentation at the hearing; and

    (4) Be addressed to the official who issued the notice.

    (c) After a request for a hearing that complies with the 

requirements of paragraph (b) of this section, the Chief Counsel obtains 

an ALJ to preside over the hearing and notifies the respondent of this 

fact. Upon assignment of an ALJ, further matters in the proceeding 

generally are conducted by and through the ALJ, except that the Chief 

Counsel and respondent may compromise or settle the case under Sec. 

107.327 of this subpart without order of the ALJ or voluntarily dismiss 

the case under Rule 41(a)(1) of the Federal Rules of Civil Procedure 

without order of the ALJ; in the event of such a compromise, settlement 

or dismissal, the Chief Counsel expeditiously will notify the ALJ 

thereof.

    (d) At any time after requesting a formal administrative hearing but 

prior to the issuance of a decision and final order by the ALJ, the 

respondent may withdraw such request in writing, thereby terminating the 

jurisdication of the ALJ in the case. Such a withdrawal constitutes an 

irrevocable waiver of respondent's right to such a hearing on the facts, 

allegations, and proposed sanction presented in the notice of probable 

violation to which the request for hearing relates.



[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 48 FR 17094, 

Apr. 21, 1983; Amdt. No. 107-19, 54 FR 22899, May 30, 1989]