[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: 49CFR209.107]



[Page 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. 209.107  Reply.



    (a) Within thirty (30) days of the service of a notice of probable 

violation issued under Sec. 209.105, the respondent may--

    (1) Pay as provided in Sec. 209.109(a) and thereby close the case;

    (2) Make an informal response as provided in Sec. 209.111; or

    (3) Request a hearing as provided in Sec. 209.113.

    (b) The Chief Counsel may extend the thirty (30) days period for 

good cause shown.

    (c) Failure of the respondent to reply by taking one of the three 

actions described in paragraph (a) of this section within the period 

provided constitutes a waiver of his or her right to appear and contest 

the allegations and authorizes the Chief Counsel, without further notice 

to the respondent, to find the facts to be as alleged in the notice of 

probable violation and to assess an appropriate civil penalty.