[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 49CFR209.115]



[Page 24]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 209_RAILROAD SAFETY ENFORCEMENT PROCEDURES--Table of Contents

 

                 Subpart B_Hazardous Materials Penalties

 

Sec.  209.115  Hearing.



    (a) When a hearing is requested and scheduled under Sec.  209.113, a 

hearing officer designated by the Chief Counsel convenes and presides 

over the hearing. If requested by respondent and if practicable, the 

hearing is held in the general vicinity of the place where the alleged 

violation occurred, or at a place convenient to the respondent. 

Testimony by witnesses shall be given under oath and the hearing shall 

be recorded verbatim.

    (b) The presiding official may:

    (1) Administer oaths and affirmations;

    (2) Issue subpoenas as provided by Sec.  209.7;

    (3) Adopt procedures for the submission of evidence in written form;

    (4) Take or cause depositions to be taken;

    (5) Rule on offers of proof and receive relevant evidence;

    (6) Examine witnesses at the hearing;

    (7) Convene, recess, reconvene, and adjourn and otherwise regulate 

the course of the hearing;

    (8) Hold conferences for settlement, simplification of the issues or 

any other proper purpose; and

    (9) Take any other action authorized by or consistent with the 

provisions of this subpart pertaining to civil penalties and permitted 

by law which may expedite the hearing or aid in the disposition of an 

issue raised, therein.

    (c) The Chief Counsel has the burden of providing the facts alleged 

in the notice of proposed violation and may offer such relevant 

information as may be necessary fully to inform the presiding officer as 

to the matter concerned.

    (d) The respondent may appear and be heard on his or her own behalf 

or through counsel of his or her choice. The respondent or his or her 

counsel may offer relevant information including testimony which he or 

she believes should be considered in defense of the allegations or which 

may bear on the penalty proposed to be assessed and conduct such cross-

examination as may be required for a full disclosure of the material 

facts.

    (e) At the conclusion of the hearing or as soon thereafter as the 

hearing officer shall provide, the parties may file proposed findings 

and conclusions, together with supporting reasons.



[42 FR 56742, Oct. 28, 1977; 42 FR 59755, Nov. 21, 1977]