[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: 49CFR209.121]



[Page 25]

 

                        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. 209.121  Appeal.



    (a) Any party aggrieved by a presiding officer's decision or order 

issued under Sec. 209.117 assessing a civil penalty may file an appeal 

with the Administrator. The appeal must be filed within twenty (20) days 

of service of the presiding officer's order.

    (b) Prior to rendering a final determination on an appeal, the 

Administrator may remand the case for further proceedings before the 

hearing officer.

    (c) In the case of an appeal by a respondent, if the Administrator 

affirms the assessment and the respondent does not pay the civil penalty 

within twenty (20) days after service of the Administrator's decision on 

appeal, the matter may be referred to the Attorney General with a 

request that an action to collect the penalty be brought in the 

appropriate United States District Court.



                           Criminal Penalties