[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: 49CFR107.325]





[Page 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. 107.325  Appeals.





    (a) Hearing proceedings. A party aggrieved by an ALJ's decision and 


order issued under Sec. 107.323, may file a written appeal in accordance 


with paragraph (c) of this section with the Administrator, Research and 


Special Programs Administration (PHMSA), 400 Seventh Street, SW., 


Washington, DC 20590-0001.


    (b) Non-Hearing proceedings. A respondent aggrieved by an order 


issued under Sec. 107.317, may file a written appeal in accordance with 


paragraph (c) of this section with the Administrator, PHMSA, 400 Seventh 


Street, SW., Washington, DC 20590-0001.


    (c) An appeal of an order issued under this subpart must:


    (1) Be filed within 20 days of receipt of the order by the appealing 


party; and


    (2) State with particularity the findings in the order that the 


appealing party challenges, and include all information and arguments 


pertinent thereto.


    (d) If the Administrator, PHMSA, affirms the order in whole or in 


part, the respondent must comply with the terms of the decision within 


20 days of the respondent's receipt thereof, or within the time 


prescribed in the order. If the respondent does not comply with the 


terms of the decision within 20 days of receipt, or within the time 


prescribed in the order, the case may be referred to the Attorney 


General for action to enforce the terms of the decision.


    (e) The filing of an appeal stays the effectiveness of an order 


issued under Sec. 107.317 or Sec. 107.323. However, if the 


Administrator, PHMSA, determines that it is in the public interest, he 


may keep an order directing compliance in force pending appeal.





[][Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 50 FR 45730, 


Nov. 1, 1985; Amdt. 107-22, 55 FR 39978, Oct. 1, 1990]