[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: 49CFR209.111]



[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. 209.111  Informal response and assessment.



    (a) If a respondent elects to make an informal response to a notice 

of probable violation, respondent shall submit to the Chief Counsel such 

written explanations, information or other materials as respondent may 

desire in answer to the charges or in mitigation of the proposed 

penalty.

    (b) The respondent may include in his or her informal written 

response a request for a conference. Upon receipt of such a request, the 

Chief Counsel arranges for a conference as soon as practicable at a time 

and place of mutual convenience.

    (c) Written explanations, information or materials, submitted by the 

respondent and relevant information presented during any conference held 

under this section are considered by the Chief Counsel in reviewing the 

notice of proposed violation and determining the fact of violation and 

the amount of any penalty to be assessed.

    (d) After consideration of an informal response, including any 

relevant information presented at a conference, the Chief Counsel may 

dismiss the notice of probable violation in whole or in part. If he or 

she does not dismiss it in whole, he or she may issue an order assessing 

a civil penalty.



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