[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: 49CFR209.309]



[Page 29-30]

 

                        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. 209.309  Informal response.



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

notice of proposed disqualification, he or she 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 disqualification.

    (b) The respondent may include in an informal written response a 

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

Counsel shall arrange for a conference at a time and place designated by 

the Chief Counsel.

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

respondent and relevant information presented during any conference held 

under this section shall be considered by the Chief Counsel in reviewing 

the notice of proposed disqualification, including the question of the 

respondent's fitness and the conditions of any disqualification that may 

be imposed.

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

relevant information presented at a conference, the Chief Counsel shall 

take one of the following actions:

    (1) Dismiss all the charges and terminate the notice of proposed 

disqualification;

    (2) Dismiss some of the charges and mitigate the proposed 

disqualification;

    (3) Mitigate the proposed disqualification; or

    (4) Sustain the charges and proposed disqualification.

    (e) Should the Chief Counsel sustain, in whole or in part, the 

charges and proposed disqualification and reach settlement with the 

respondent, the Chief Counsel shall issue an appropriate 

disqualification order reflecting the settlement and shall provide a 

copy of that order to the railroad by which the respondent is employed. 

The duration of the disqualification period may be less than, but shall 

be no greater than, the period set forth in the notice. Any settlement 

reached shall be evidenced by a written agreement, which shall include 

declarations from the respondent stipulating to the charges contained in 

the disqualification order, consenting to the imposition of the 

disqualification under the conditions set forth in the disqualification 

order, and waiving his or her right to a hearing.

    (f) If settlement of the charges against the respondent is not 

achieved, the Chief Counsel shall terminate settlement discussions no 

later than 30 days from service of the informal response upon the Chief 

Counsel by serving respondent written notice of termination of 

settlement negotiations.

    (g) By electing to make an informal response to a notice of proposed 

disqualification, the respondent does not waive the right to a hearing. 

However, the respondent must submit the hearing request required by 

Sec. 209.311(a) within l0 days after receipt of the notice of 

termination of settlement negotiations from the Chief Counsel. Failure 

to submit such a request constitutes a waiver of the respondent's right 

to appear and contest the charges or the proposed disqualification.

    (h) The Chief Counsel may extend the period for requesting a hearing 

for good cause shown, provided the request for



[[Page 30]]



extension is served before the expiration of the period provided in 

paragraph (g) of this section.