[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 49CFR209.105]



[Page 22-23]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 209_RAILROAD SAFETY ENFORCEMENT PROCEDURES--Table of Contents

 

                 Subpart B_Hazardous Materials Penalties

 

Sec. 209.105  Notice of probable violation.



    (a) FRA, through the Chief Counsel, begins a civil penalty 

proceeding by serving a notice of probable violation on a person 

charging him or her with having violated one or more provisions of 

subchapter A or C of chapter I, subtitle B of this title. Appendix B to 

this part contains guidelines used by the chief counsel in making 

initial penalty assessments.

    (b) A notice of probable violation issued under this section 

includes:



[[Page 23]]



    (1) A statement of the provision(s) which the respondent is believed 

to have violated;

    (2) A statement of the factual allegations upon which the proposed 

civil penalty is being sought;

    (3) Notice of the maximum amount of civil penalty for which the 

respondent may be liable;

    (4) Notice of the amount of the civil penalty proposed to be 

assessed;

    (5) A description of the manner in which the respondent should make 

payment of any money to the United States;

    (6) A statement of the respondent's right to present written 

explanations, information or any materials in answer to the charges or 

in mitigation of the penalty; and

    (7) A statement of the respondent's right to request a hearing and 

the procedures for requesting a hearing.

    (c) The FRA may amend the notice of probable violation at any time 

prior to the entry of an order assessing a civil penalty. If the 

amendment contains any new material allegation of fact, the respondent 

is given an opportunity to respond. In an amended notice, FRA may change 

the penalty amount proposed to be assessed up to and including the 

maximum penalty amount of $32,500 for each violation.



[42 FR 56742, Oct. 28, 1977, as amended at 61 FR 38646, July 25, 1996; 

69 FR 30591, May 28, 2004]