[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: 49CFR209.311]



[Page 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. 209.311  Request for hearing.



    (a) If the respondent elects to request a hearing, he or she must 

submit a written request within the time periods specified in Sec. 

209.307(a) or Sec. 209.309(g) to the Chief Counsel referring to the 

case number that appears on the notice of proposed disqualification. The 

request must contain the following:

    (1) The name, address, and telephone number of the respondent and of 

the respondent's designated representative, if any;

    (2) A specific response admitting, denying, or explaining each 

allegation of the notice of disqualification order.

    (3) A description of the claims and defenses to be raised by the 

respondent at the hearing; and

    (4) The signature of the respondent or the representative, if any.

    (b) Upon receipt of a request for a hearing complying with the 

requirements of paragraph (a) of this section, the Chief Counsel shall 

arrange for the appointment of a presiding officer and transmit the 

disqualification file to the presiding officer, who shall schedule the 

hearing for the earliest practicable date within the time period set by 

Sec. 209.321(a) of this subpart.

    (c) Upon assignment of a presiding officer, further matters in the 

proceeding generally are conducted by and through the presiding officer, 

except that the Chief Counsel and respondent may settle or voluntarily 

dismiss the case without order of the presiding officer. The Chief 

Counsel shall promptly notify the presiding officer of any settlement or 

dismissal of the case.