[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.