[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: 49CFR209.327]



[Page 32-33]

 

                        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. 209.327  Appeal.



    (a) Any party aggrieved by an initial decision issued under Sec. 

209.323 may file an appeal. The appeal must be filed within 35 days of 

issuance of the initial decision with the Federal Railroad 

Administrator, 400 Seventh Street, SW., Washington, DC 20590. A copy of 

the appeal shall be served on each party. The appeal shall set forth 

objections to the initial decision, supported by reference to applicable 

laws and regulations, and with specific reference to the record. If the 

Administrator has played any role in investigating, prosecuting, or 

deciding to prosecute the particular case, the Administrator shall 

recuse him or herself and delegate his or her authority under this 

section to a person not so involved.

    (b) A party may file a reply to an appeal within 25 days of service 

of the appeal. If the party relies on evidence contained in the record 

for the reply, the party shall specifically refer to the pertinent 

evidence in the record.

    (c) The Administrator may extend the period for filing an appeal or 

a response for good cause shown, provided the written request for 

extension is served before the expiration of the applicable period 

provided in paragraph (c) or (d) of this section.

    (d) The Administrator has sole discretion to permit oral argument on 

the appeal. On the Administrator's own initiative or upon written motion 

by any party, the Administrator may determine that oral argument will 

contribute substantially to the development of the issues on appeal and 

may grant the parties an opportunity for oral argument.

    (e) The Administrator may affirm, reverse, alter, or modify the 

decision of the presiding officer, or may remand the case for further 

proceedings before



[[Page 33]]



the presiding officer. The Administrator shall inform the parties and 

the presiding officer of his or her decision.

    (f) The decision of the Administrator is final, constitutes final 

agency action, and is not subject to further administrative review.