[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: 49CFR107.313]





[Page 32-33]


 


                        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. 107.313  Reply.





    (a) Within 30 days of receipt of a notice of probable violation, the 


respondent must either:


    (1) Admit the violation under Sec. 107.315;


    (2) Make an informal response under Sec. 107.317; or


    (3) Request a hearing under Sec. 107.319.


    (b) Failure of the respondent to file a reply as provided in this 


section constitutes a waiver of the respondent's right to appear and 


contest the allegations and authorizes the Chief Counsel, without 


further notice to the respondent, to find the facts to be as alleged in 


the notice of probable violation and





[[Page 33]]





issue an order directing compliance or assess a civil penalty, or, if 


proposed in the notice, both. Failure to request a hearing under 


paragraph (a)(3) of this section constitutes a waiver of the 


respondent's right to a hearing.


    (c) Upon the request of the respondent, the Office of Chief Counsel 


may, for good cause shown and filed within the 30 days prescribed in the 


notice of probable violation, extend the 30-day response period.