[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: 49CFR209.117]



[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.  209.117  Presiding officer's decision.



    (a) After consideration of the evidence of record, the presiding 

officer may dismiss the notice of probable violation in whole or in 

part. If the presiding officer does not dismiss it in whole, he or she 

will issue and serve on the respondent an order assessing a civil 

penalty. The decision of the presiding officer will include a statement 

of findings and conclusions as well as the reasons therefor on all 

material issues of fact, law, and discretion.

    (b) If, within twenty (20) days after service of an order assessing 

a civil penalty, the respondent does not pay the civil penalty or file 

an appeal as provided in Sec.  209.121, the case may be referred to the 

Attorney General with a request that an action to collect the penalty be 

brought in the appropriate United States District Court.



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