[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: 49CFR107.305]
[Page 30-31]
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. 107.305 Investigations.
(a) General. In accordance with its delegated authority under part 1
of this title, the Associate Administrator for Hazardous Materials
Safety may initiate investigations relating to compliance by any person
with any provisions of this subchapter or subchapter C of this chapter,
or any exemption, approval, or order issued thereunder, or any court
decree relating thereto. The Associate Administrator for Hazardous
Materials Safety encourages voluntary production of documents in
accordance with and subject to Sec. 107.13, and hearings may be
conducted, and depositions taken pursuant to 49 U.S.C. 5121(a). The
Associate Administrator for Hazardous Materials Safety may conduct
investigative conferences and hearings in the course of any
investigation.
(b) Investigations and Inspections. Investigations under 49 U.S.C.
5121(a) are conducted by personnel duly authorized for that purpose by
the Associate Administrator. Inspections under 49 U.S.C. 5121(c) are
conducted by Hazardous Materials Enforcement Specialists, also known as
``hazmat inspectors'' or ``inspectors,'' whom the Associate
Administrator has designated for that purpose.
(1) An inspector will, on request, present his or her credentials
for examination, but the credentials may not be reproduced.
(2) An inspector may administer oaths and receive affirmations in
any matter under investigation by the Associate Administrator.
(3) An inspector may gather information by reasonable means
including, but not limited to, interviews, statements, photocopying,
photography, and video- and audio-recording.
(4) With concurrence of the Director, Office of Hazardous Materials
Enforcement, Research and Special Programs Administration, an inspector
may issue a subpoena for the production of documentary or other tangible
evidence if, on the basis of information available to the inspector, the
documents and evidence materially will advance a determination of
compliance with this subchapter or subchapter C. Service of a subpoena
shall be in accordance with Sec. 107.13 (c) and (d). A person to whom a
subpoena is directed may seek review of the subpoena by applying to the
Office of Chief Counsel in accordance with Sec. 107.13(h). A subpoena
issued under this paragraph may be enforced in accordance with
Sec. 107.13(i).
(c) Notification. Any person who is the subject of an Associate
Administrator for Hazardous Materials Safety investigation and who is
requested to furnish information or documentary evidence is notified as
to the general purpose for which the information or evidence is sought.
(d) Termination. When the facts disclosed by an investigation
indicate that further action is unnecessary or unwarranted at that time,
the person being investigated is notified and the investigative file is
closed without prejudice to further investigation by the Associate
Administrator for Hazardous Materials Safety.
(e) Confidentiality. Information received in an investigation under
this section, including the identity of the person investigated and any
other person who provides information during the investigation, shall
remain confidential under the investigatory file
[[Page 31]]
exception, or other appropriate exception, to the public disclosure
requirements of 5 U.S.C. 552.
[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-24, 56
FR 8621, Feb. 28, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt.
107-38, 61 FR 21099, May 9, 1996]
Compliance Orders and Civil Penalties
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