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[Code of Federal Regulations]
[Title 49, Volume 2, Parts 100 to 185]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.310]
[Page 31-32]
TITLE 49--TRANSPORTATION
CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents
Subpart D--Enforcement
Sec. 107.310 Ticketing.
(a) For an alleged violation that does not have a direct or
substantial impact on safety, the Associate Administrator for Hazardous
Materials Safety may issue a ticket.
(b) The Associate Administrator for Hazardous Materials Safety
issues a ticket by mailing it by certified or registered mail to the
person alleged to have committed the violation. The ticket includes:
(1) A statement of the facts on which the Associate Administrator
bases the conclusion that the person has committed the alleged
violation;
(2) The maximum penalty provided for by statute, the proposed full
penalty determined according to PHMSA's civil penalty guidelines and the
statutory criteria for penalty assessment, and the ticket penalty
amount; and
(3) A statement that within 45 days of receipt of the ticket, the
person must pay the penalty in accordance with paragraph (d) of this
section, make an
[[Page 32]]
informal response under Sec. 107.317, or request a formal administrative
hearing under Sec. 107.319.
(c) If the person makes an informal response or requests a formal
administrative hearing, the Associate Administrator for Hazardous
Materials Safety forwards the inspection report, ticket and response to
the Office of the Chief Counsel for processing under Secs. 107.307-
107.339, except that the Office of the Chief Counsel will not issue a
Notice of Probable Violation under Sec. 107.311. The Office of the Chief
Counsel may impose a civil penalty that does not exceed the proposed
full penalty set forth in the ticket.
(d) Payment of the ticket penalty amount must be made in accordance
with the instructions on the ticket.
(e) If within 45 days of receiving the ticket the person does not
pay the ticket amount, make an informal response, or request a formal
administrative hearing, the person has waived the right to make an
informal response or request a hearing, has admitted the violation and
owes the ticket penalty amount to PHMSA.
[Amdt. 107-36, 61 FR 7183, Feb. 26, 1996]
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