[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: 49CFR107.323]



[Page 38-39]

 

                        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. 107.323  ALJ's decision.



    (a) After consideration of all matters of record in the proceeding, 

the ALJ shall issue an order dismissing the notice of probable violation 

in whole or in part or granting the sanction sought by the Office of 

Chief Counsel in the notice. If the ALJ does not dismiss the notice of 

probable violation in whole, he issues an order directing compliance



[[Page 39]]



or assessing a civil penalty, or, if proposed in the notice, both. The 

order includes a statement of the findings and conclusions, and the 

reasons therefore, on all material issues of fact, law, and discretion.

    (b) If, within 20 days of receipt of an order issued under paragraph 

(a) of this section, the respondent does not submit in writing his 

acceptance of the terms of an order directing compliance, or, where 

appropriate, pay a civil penalty, or file an appeal under Sec. 107.325, 

the case may be referred to the Attorney General with a request that an 

action be brought in the appropriate United States District Court to 

enforce the terms of a compliance order or collect the civil penalty.