[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: 49CFR107.321]





[Page 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. 107.321  Hearing.





    (a) To the extent practicable, the hearing is held in the general 


vicinity of the place where the alleged violation occurred or at a place 


convenient to the respondent. Testimony by witnesses shall be given 


under oath and the hearing shall be recorded verbatim.


    (b) Hearings are conducted in accordance with the Federal Rules of 


Evidence and Federal Rules of Civil Procedure; however, the ALJ may 


modify them as he determines necessary in the interest of a full 


development of the facts. In addition, the ALJ may:


    (1) Administer oaths and affirmations;


    (2) Issue subpoenas as provided by Sec. 107.13;


    (3) Adopt procedures for the submission of motions, evidence, and 


other documents pertinent to the proceeding;


    (4) Take or cause depositions to be taken;


    (5) Rule on offers of proof and receive relevant evidence;


    (6) Examine witnesses at the hearing;


    (7) Convene, recess, reconvene, adjourn and otherwise regulate the 


course of the hearing;


    (8) Hold conferences for settlement, simplification of the issues, 


or any other proper purpose; and


    (9) Take any other action authorized by, or consistent with, the 


provisions of this subpart and permitted by law which may expedite the 


hearing or aid in the disposition of an issue raised therein.


    (c) The official who issued the notice of probable violation, or his 


representative, has the burden of proving the facts alleged therein.


    (d) The respondent may appear and be heard on his own behalf or 


through counsel of his choice. The respondent or his counsel may offer 


relevant information including testimony which he believes should be 


considered in opposition to the allegations or which may bear on the 


sanction being sought and conduct such cross-examination as may be 


required for a full disclosure of the facts.