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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: 49CFR107.321]
[Page 34]
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. 107.321 Hearing.
(a) To the extent practicable, the hearing is held in the general
vicinity of the place where the alleged violation occurred or at a place
convenient to the respondent. Testimony by witnesses shall be given
under oath and the hearing shall be recorded verbatim.
(b) Hearings are conducted in accordance with the Federal Rules of
Evidence and Federal Rules of Civil Procedure; however, the ALJ may
modify them as he determines necessary in the interest of a full
development of the facts. In addition, the ALJ may:
(1) Administer oaths and affirmations;
(2) Issue subpoenas as provided by Sec. 107.13;
(3) Adopt procedures for the submission of motions, evidence, and
other documents pertinent to the proceeding;
(4) Take or cause depositions to be taken;
(5) Rule on offers of proof and receive relevant evidence;
(6) Examine witnesses at the hearing;
(7) Convene, recess, reconvene, adjourn and otherwise regulate the
course of the hearing;
(8) Hold conferences for settlement, simplification of the issues,
or any other proper purpose; and
(9) Take any other action authorized by, or consistent with, the
provisions of this subpart and permitted by law which may expedite the
hearing or aid in the disposition of an issue raised therein.
(c) The official who issued the notice of probable violation, or his
representative, has the burden of proving the facts alleged therein.
(d) The respondent may appear and be heard on his own behalf or
through counsel of his choice. The respondent or his counsel may offer
relevant information including testimony which he believes should be
considered in opposition to the allegations or which may bear on the
sanction being sought and conduct such cross-examination as may be
required for a full disclosure of the facts.
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