[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: 49CFR209.305]



[Page 28]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 209_RAILROAD SAFETY ENFORCEMENT PROCEDURES--Table of Contents

 

                  Subpart D_Disqualification Procedures

 

Sec.  209.305  Notice of proposed disqualification.



    (a) FRA, through the Chief Counsel, begins a disqualification 

proceeding by serving a notice of proposed disqualification on the 

respondent charging him or her with having violated one or more rules, 

regulations, orders, or standards promulgated by FRA, which render the 

respondent unfit to perform safety-sensitive functions described in 

Sec.  209.303.

    (b) The notice of proposed disqualification issued under this 

section shall contain:

    (1) A statement of the rule(s), regulation(s), order(s), or 

standard(s) that the respondent is alleged to have violated;

    (2) A statement of the factual allegations that form the basis of 

the initial determination that the respondent is not fit to perform 

safety-sensitive functions;

    (3) A statement of the effective date, duration, and other 

conditions, if any, of the disqualification order;

    (4) A statement of the respondent's right to answer the charges in 

writing and furnish affidavits and any other documentary evidence in 

support of the answer;

    (5) A statement of the respondent's right to make an informal 

response to the Chief Counsel;

    (6) A statement of the respondent's right to request a hearing and 

the procedures for requesting a hearing;

    (7) A statement of the respondent's right to counsel or other 

designated representative; and

    (8) Notice of the consequences of the respondent's failure to take 

any of the actions described in Sec.  209.307(a).

    (c) The Chief Counsel shall enclose with the notice of proposed 

disqualification a copy of the material that is relied on in support of 

the charges. Nothing in this section precludes the Chief Counsel from 

presenting at a subsequent hearing under Sec.  209.321 any evidence of 

the charges set forth in the notice that the Chief Counsel acquires 

after service thereof on the respondent. The Chief Counsel, however, 

shall serve a copy of any such evidence on the respondent at or before 

the prehearing conference required under Sec.  209.319. Failure to 

furnish such evidence to respondent at or before the prehearing 

conference bars its introduction at the hearing.

    (d) The Chief Counsel shall provide a copy of the notice of proposed 

disqualification to the railroad that employs the respondent.