[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

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

[CITE: 14CFR13.77]



[Page 50-51]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 13_INVESTIGATIVE AND ENFORCEMENT PROCEDURES--Table of Contents

 

      Subpart E_Orders of Compliance Under the Hazardous Materials 

                           Transportation Act

 

Sec. 13.77  Consent order of compliance.



    (a) At any time before the issuance of an order of compliance, the 

official who issued the notice and the alleged violator may agree to 

dispose of the case by the issuance of a consent order of compliance by 

the official.

    (b) A proposal for a consent order submitted to the official who 

issued the notice under this section must include--

    (1) A proposed order of compliance;

    (2) An admission of all jurisdictional facts;

    (3) An express waiver of right to further procedural steps and of 

all rights to judicial review;

    (4) An incorporation by reference of the notice and an 

acknowledgement



[[Page 51]]



that the notice may be used to construe the terms of the order of 

compliance; and

    (5) If the issuance of a consent order has been agreed upon after 

the filing of a request for hearing in accordance with Subpart D of this 

part, the proposal for a consent order shall include a request to be 

filed with the Hearing Officer withdrawing the request for a hearing and 

requesting that the case be dismissed.