[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: 49CFR209.307]



[Page 28-29]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 209_RAILROAD SAFETY ENFORCEMENT PROCEDURES--Table of Contents

 

                  Subpart D_Disqualification Procedures

 

Sec. 209.307  Reply.



    (a) Within 30 days after receipt of the notice of proposed 

disqualification issued under Sec. 209.305, the respondent shall reply 

in writing to the charges. The respondent may furnish affidavits and any 

other documentary evidence in support of the reply. Further, the 

respondent may elect to--

    (1) Stipulate to the charges and consent to the imposition of the 

disqualification order under the conditions set forth in the notice;



[[Page 29]]



    (2) Make an informal response as provided in Sec. 209.309; or

    (3) Request a hearing as provided in Sec. 209.311.

    (b) The Chief Counsel may extend the reply period for good cause 

shown, provided the request for extension is served before the 

expiration of the period provided in paragraph (a) of this section.

    (c) Failure of the respondent to reply to the notice of proposed 

disqualification within the period provided in paragraph (a) of this 

section or an extension thereto provided under paragraph (b) of this 

section constitutes a waiver of the respondent's right to appear and 

contest the charges or the proposed disqualification. Respondent's 

failure to reply authorizes the Chief Counsel, without further notice to 

the respondent, to find the respondent unfit for the performance of the 

safety-sensitive functions described in Sec. 209.303 and to order the 

respondent disqualified from performing them for the period and under 

the other conditions described in the notice of proposed 

disqualification. The Chief Counsel shall serve respondent with the 

disqualification order and provide a copy of the order to the railroad 

by which the respondent is employed.