[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: 49CFR107.321]



[Page 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. 107.321  Hearing.



    (a) To the extent practicable, the hearing is held in the general 

vicinity of the place where the alleged violation occurred or at a place 

convenient to the respondent. Testimony by witnesses shall be given 

under oath and the hearing shall be recorded verbatim.

    (b) Hearings are conducted in accordance with the Federal Rules of 

Evidence and Federal Rules of Civil Procedure; however, the ALJ may 

modify them as he determines necessary in the interest of a full 

development of the facts. In addition, the ALJ may:

    (1) Administer oaths and affirmations;

    (2) Issue subpoenas as provided by Sec. 105.45;

    (3) Adopt procedures for the submission of motions, evidence, and 

other documents pertinent to the proceeding;

    (4) Take or cause depositions to be taken;

    (5) Rule on offers of proof and receive relevant evidence;

    (6) Examine witnesses at the hearing;

    (7) Convene, recess, reconvene, adjourn and otherwise regulate the 

course of the hearing;

    (8) Hold conferences for settlement, simplification of the issues, 

or any other proper purpose; and

    (9) Take any other action authorized by, or consistent with, the 

provisions of this subpart and permitted by law which may expedite the 

hearing or aid in the disposition of an issue raised therein.

    (c) The official who issued the notice of probable violation, or his 

representative, has the burden of proving the facts alleged therein.

    (d) The respondent may appear and be heard on his own behalf or 

through counsel of his choice. The respondent or his counsel may offer 

relevant information including testimony which he believes should be 

considered in opposition to the allegations or which may bear on the 

sanction being sought and conduct such cross-examination as may be 

required for a full disclosure of the facts.



[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 67 FR 61011, 

Sept. 27, 2002]