[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: 49CFR209.209]



[Page 26-27]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 209_RAILROAD SAFETY ENFORCEMENT PROCEDURES--Table of Contents

 

                       Subpart C_Compliance Orders

 

Sec. 209.209  Hearing.



    (a) When a respondent files a reply contesting allegations in a 

notice of investigation issued under Sec. 209.203 or when the FRA and 

the respondent fail to agree upon an acceptable consent order, the 

hearing officer designated by the Chief Counsel convenes and presides 

over a hearing on the proposed compliance order.

    (b) The presiding official may:

    (1) Administer oaths and affirmations;

    (2) Issue subpoenas as provided by Sec. 209.7;

    (3) Adopt procedures for the submission of evidence;

    (4) Take or cause depositions to be taken;

    (5) Rule on offers of proof and receive relevant evidence;



[[Page 27]]



    (6) Examine witnesses at the hearing;

    (7) Convene, recess, reconvene, ad- journ and otherwise regulate the 

course of the hearing;

    (8) Hold conferences for settlement, simplification of the issues or 

any other proper purpose; and

    (9) Take any other action authorized by or consistent with the 

provisions of this subpart pertaining to compliance orders and permitted 

by law which may expedite the hearing or aid in the disposition of an 

issue raised therein.

    (c) The Chief Counsel has the burden of providing the facts alleged 

in the notice of investigation and may offer such relevant information 

as may be necessary fully to inform the presiding officer as to the 

matter concerned.

    (d) The respondent may appear and be heard on his or her own behalf 

or through counsel of his or her choice. The respondent or his or her 

counsel may offer relevant information, including testimony which he or 

she believes should be considered in defense of the allegations or which 

may bear on the remedial action being sought, and conduct such cross-

examination as may be required for a full disclosure of the material 

facts.

    (e) At the conclusion of the hearing or as soon thereafter as the 

hearing officer shall provide, the parties may file proposed findings 

and conclusions, together with supporting reasons therefor.