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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: 49CFR107.327]
[Page 35-36]
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. 107.327 Compromise and settlement.
(a) At any time before an order issued under Sec. 107.317 or
Sec. 107.323 is referred to the Attorney General for enforcement, the
respondent or the Office of Chief Counsel may propose a compromise as
follows:
(1) In civil penalty cases, the respondent or Chief Counsel may
offer to compromise the amount of the penalty by submitting an offer for
a specific amount to the other party. An offer of compromise by the
respondent shall be submitted to the Chief Counsel who may, after
consultation with Associate Administrator for Hazardous Materials
Safety, accept or reject it.
(i) A compromise offer stays the running of any response period then
outstanding.
(ii) If a compromise is agreed to by the parties, the respondent is
notified in writing. Upon receipt of payment by Office of Chief Counsel,
the respondent is notified in writing that acceptance of payment is in
full satisfaction of the civil penalty proposed or assessed, and Office
of Chief Counsel closes the case with prejudice to the respondent.
(iii) If a compromise cannot be agreed to, the respondent is
notified in writing and is given 10 days or the amount of time remaining
in the then outstanding response period, whichever is longer, to respond
to whatever action was taken by the Office of Chief Counsel or the
Administrator, PHMSA.
(2) In compliance order cases, the respondent may propose a consent
agreement to the Chief Counsel. If the Chief Counsel accepts the
agreement, he issues an order in accordance with its terms. If the Chief
Counsel rejects the agreement, he directs that the proceeding continue.
An agreement submitted to the Chief Counsel must include:
(i) A statement of any allegations of fact which the respondent
challenges;
(ii) The reasons why the terms of a compliance order or proposed
compliance order are or would be too burdensome for the respondent, or
why such
[[Page 36]]
terms are not supported by the record in the case;
(iii) A proposed compliance order suitable for issuance by the Chief
Counsel;
(iv) An admission of all jurisdictional facts; and
(v) An express waiver of further procedural steps and all right to
seek judicial review or otherwise challenge or contest the validity of
the order.
(b) Notwithstanding paragraph (a)(1) of this section, the respondent
or Office of Chief Counsel may propose to settle the case. If the Chief
Counsel agrees to a settlement, the respondent is notified and the case
is closed without prejudice to the respondent.
[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 50 FR 45730,
Nov. 1, 1985; Amdt. 107-24, 56 FR 8621, Feb. 28, 1991; 56 FR 15510, Apr.
17, 1991; Amdt. 107-29, 58 FR 51527, Oct. 1, 1993]
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