[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: 49CFR107.325]



[Page 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. 107.325  Appeals.



    (a) Hearing proceedings. A party aggrieved by an ALJ's decision and 

order issued under Sec. 107.323, may file a written appeal in 

accordance with paragraph (c) of this section with the Administrator, 

Office of the Administrator, Pipeline and Hazardous Materials Safety 

Administration, 400 Seventh Street, SW., Washington, DC 20590-0001.

    (b) Non-Hearing proceedings. A respondent aggrieved by an order 

issued under Sec. 107.317, may file a written appeal in accordance with 

paragraph (c) of this section with the Administrator, Office of the 

Administrator, Pipeline and Hazardous Materials Safety Administration, 

400 Seventh Street, SW., Washington, DC 20590-0001.

    (c) An appeal of an order issued under this subpart must:

    (1) Be filed within 20 days of receipt of the order by the appealing 

party; and

    (2) State with particularity the findings in the order that the 

appealing party challenges, and include all information and arguments 

pertinent thereto.

    (d) If the Administrator, PHMSA, affirms the order in whole or in 

part, the respondent must comply with the terms of the decision within 

20 days of the respondent's receipt thereof, or within the time 

prescribed in the order. If the respondent does not comply with the 

terms of the decision within 20 days of receipt, or within the time 

prescribed in the order, the case may be referred to the Attorney 

General for action to enforce the terms of the decision.

    (e) The filing of an appeal stays the effectiveness of an order 

issued under Sec. 107.317 or Sec. 107.323. However, if the 

Administrator, PHMSA, determines that it is in the public interest, he 

may keep an order directing compliance in force pending appeal.



[70 FR 56090, Sept. 23, 2005]