[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: 49CFR107.319]





[Page 33-34]


 


                        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. 107.319  Request for a hearing.





    (a) In responding to a notice of probable violation under 


Sec. 107.311, the respondent may request a formal administrative hearing 


on the record before an Administrative Law Judge (ALJ) obtained by the 


Office of the Chief Counsel.


    (b) A request for a hearing under paragraph (a) of this section 


must:


    (1) State the name and address of the respondent and of the person 


submitting the request if different from the respondent;





[[Page 34]]





    (2) State which allegations of violations, if any, are admitted; and


    (3) State generally the issues to be raised by the respondent at the 


hearing. Issues not raised in the request are not barred from 


presentation at the hearing; and


    (4) Be addressed to the official who issued the notice.


    (c) After a request for a hearing that complies with the 


requirements of paragraph (b) of this section, the Chief Counsel obtains 


an ALJ to preside over the hearing and notifies the respondent of this 


fact. Upon assignment of an ALJ, further matters in the proceeding 


generally are conducted by and through the ALJ, except that the Chief 


Counsel and respondent may compromise or settle the case under 


Sec. 107.327 of this subpart without order of the ALJ or voluntarily 


dismiss the case under Rule 41(a)(1) of the Federal Rules of Civil 


Procedure without order of the ALJ; in the event of such a compromise, 


settlement or dismissal, the Chief Counsel expeditiously will notify the 


ALJ thereof.


    (d) At any time after requesting a formal administrative hearing but 


prior to the issuance of a decision and final order by the ALJ, the 


respondent may withdraw such request in writing, thereby terminating the 


jurisdication of the ALJ in the case. Such a withdrawal constitutes an 


irrevocable waiver of respondent's right to such a hearing on the facts, 


allegations, and proposed sanction presented in the notice of probable 


violation to which the request for hearing relates.





[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 48 FR 17094, 


Apr. 21, 1983; Amdt. No. 107-19, 54 FR 22899, May 30, 1989]