[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: 49CFR107.323]
[Page 34-35]
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. 107.323 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.
[[Page 35]]
(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.
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