[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.323]

[Page 40]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 
                      DEPARTMENT OF TRANSPORTATION
 
PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents
 
                          Subpart D_Enforcement
 
Sec.  107.323  ALJ's decision.

    (a) After consideration of all matters of record in the proceeding, 
the ALJ shall issue an order dismissing the notice of probable violation 
in whole or in part or granting the sanction sought by the Office of 
Chief Counsel in the notice. If the ALJ does not dismiss the notice of 
probable violation in whole, he issues an order directing compliance or 
assessing a civil penalty, or, if proposed in the notice, both. The 
order includes a statement of the findings and conclusions, and the 
reasons therefore, on all material issues of fact, law, and discretion.
    (b) If, within 20 days of receipt of an order issued under paragraph 
(a) of this section, the respondent does not submit in writing his 
acceptance of the terms of an order directing compliance, or, where 
appropriate, pay a civil penalty, or file an appeal under Sec.  107.325, 
the case may be referred to the Attorney General with a request that an 
action be brought in the appropriate United States District Court to 
enforce the terms of a compliance order or collect the civil penalty.