[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: 49CFR209.207]



[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.  209.207  Consent order.



    (a) At any time before the issuance of an order under Sec.  209.211, 

the Chief Counsel and the respondent may execute an agreement proposing 

the entry by consent of an order directing compliance. The Administrator 

may accept the proposed order by signing it. If the Administrator 

rejects the proposed order, he or she directs that the proceeding 

continue.

    (b) An agreement submitted to the Administrator under this section 

must include:

    (1) A proposed compliance order suitable for the Administrator's 

signature;

    (2) An admission of all jurisdictional facts;

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

to seek judicial review or otherwise challenge or contest the validity 

of the order; and

    (4) An acknowledgment that the notice of investigation may be used 

to construe the terms of the order.