[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR386.21]



[Page 258]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 

AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents

 

                 Subpart C_Compliance and Consent Orders

 

Sec. 386.21  Compliance order.



    Effective Date Note: At 70 FR 28478, May 18, 2005, the heading to 

subpart A was revised, effective November 14, 2005. For the convenience 

of the user, the revised text is set forth as follows:



                     Subpart C_Settlement Agreements



  





    Effective Date Note: At 70 FR 28482, May 18, 2005, Sec. 386.21 was 

removed, effective November 14, 2005.

    (a) When a respondent contests a Notice of Investigation or fails to 

reply to such notice, the final order disposing of the proceeding may 

contain a compliance order.

    (b) A compliance order shall be executed by the Assistant 

Administrator and shall contain the following:

    (1) A statement of jurisdictional facts;

    (2) Findings of facts, or reference thereto in an accompanying 

decision, as determined by a hearing officer or by the Assistant 

Administrator upon respondent's failure to reply to the notice, which 

establish the violations charged;

    (3) A specific direction to the respondent to comply with the 

regulations violated within time limits provided;

    (4) Other directions to the respondent to take reasonable measures, 

in the time and manner specified, to assure future compliance;

    (5) A statement of the consequences for failure to meet the terms of 

the order;

    (6) Provision that the Notice of Investigation and the final 

decision of the hearing officer or Assistant Administrator may be used 

to construe the terms of the order; and

    (7) A statement that the order constitutes final agency action, 

subject to review as provided in 49 U.S.C. 521(b)(8) for violations of 

regulations issued under the authority of 49 U.S.C. 31502, the Motor 

Carrier Safety Act of 1984 or sections 12002, 12003, 12004, 12005(b), or 

12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986; or as 

provided in 5 U.S.C. 701 et seq., for violations of regulations issued 

under the authority of 49 U.S.C. 5123 (hazardous materials proceedings) 

or 49 U.S.C. 31138-31139 (financial responsibility proceedings) or 

violations of the commercial regulations.

    (c) Notice of imminent hazard. A compliance order may also contain 

notice that further violations of the same regulations may constitute an 

imminent hazard subjecting respondent to an order under subpart F of 

this part.



[56 FR 10183, Mar. 11, 1991, as amended at 65 FR 7756, Feb. 16, 2000]