[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: 49CFR209.323]



[Page 32]

 

                        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. 209.323  Initial decision.



    (a) The presiding officer shall prepare an initial decision after 

the closing of the record. The initial decision may dismiss the notice 

of proposed disqualification, in whole or in part, sustain the charges 

and proposed disqualification, or sustain the charges and mitigate the 

proposed disqualification.

    (b) If the presiding officer sustains the charges and the proposed 

disqualification, dismisses some of the charges, or mitigates the 

proposed disqualification, the presiding officer shall issue and serve 

an appropriate order disqualifying respondent from engaging in the 

safety-sensitive functions described in Sec. 209.303. If the presiding 

officer dismisses all of the charges set forth in notice of proposed 

disqualification, a dismissal order shall be issued and served.

    (c) Each initial decision shall contain:

    (1) Findings of fact and conclusions of law, as well as the reasons 

or bases therefor, upon all the material issues of fact and law 

presented on the record;

    (2) An order, as described in paragraph (b) of this section;

    (3) The dates any disqualification is to begin and end and other 

conditions, if any, that the respondent must satisfy before the 

disqualification order is discharged;

    (4) The date upon which the decision will become final, as 

prescribed in Sec. 209.325; and

    (5) Notice of the parties' appeal rights, as prescribed in Sec. 

209.327.

    (d) The decision shall be served upon the FRA Chief Counsel and the 

respondent. The Chief Counsel shall provide a copy of the 

disqualification order to the railroad by which the respondent is 

employed.