[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: 49CFR209.205]



[Page 26]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 209_RAILROAD SAFETY ENFORCEMENT PROCEDURES--Table of Contents

 

                       Subpart C_Compliance Orders

 

Sec.  209.205  Reply.



    (a) Within thirty (30) days of service of a notice of investigation, 

the respondent may file a reply with the FRA. The Chief Counsel may 

extend the time for filing for good cause shown.

    (b) The reply must be in writing, signed by the person filing it, 

and state with respect to each factual allegation whether it is admitted 

or denied. Even though formally denied, a factual allegation set forth 

in a notice of investigation is considered to be admitted for purposes 

of the proceeding unless:

    (1) Opposed by the affidavit of an individual having personal 

knowledge of the subject matter;

    (2) Challenged as defective on its face together with a supporting 

explanation as to why it is believed to be defective; or

    (3) Otherwise actively put at issue through the submission of 

relevant evidence.

    (c) The reply must set forth any affirmative defenses and include a 

statement of the form and nature of proof by which those defenses are to 

be established.

    (d) If it is necessary to respond to an amendment to the notice of 

investigation, the respondent may amend the reply concerning the 

substance of matters contained in the amendment to the notice at any 

time before the issuance of an order under Sec.  209.211.

    (e) If the respondent elects not to contest one or more factual 

allegations, he or she should so state in the reply. An election not to 

contest a factual allegation is an admission of that allegation solely 

for the purpose of issuing a compliance order. That election constitutes 

a waiver of hearing as to that allegation but does not, by itself, 

constitute a waiver of the right to be heard on other issues. In 

connection with a statement of election not to contest a factual 

allegation, the respondent may propose an appropriate order for issuance 

by the Administrator or propose the negotiation of a consent order.

    (f) Failure of the respondent to file a reply within the period 

provided constitutes a waiver of his or her right to appear and contest 

the allegation and authorizes the Administrator, without further notice 

to the respondent, to find the facts to be as alleged in the notice of 

proposed violation and to issue an appropriate order directing 

compliance.