(a) After a hearing under § 190.211 or, if no hearing has been held, after expiration of the 30 day response period prescribed in § 190.209, the case file of an enforcement proceeding commenced under § 190.207 is forwarded to the Associate Administrator, OPS for issuance of a final order.
(b) The case file of an enforcement proceeding commenced under § 190.207 includes:
(1) The inspection reports and any other evidence of alleged violations;
(2) A copy of the notice of probable violation issued under § 190.207 ;
(3) Material submitted by the respondent in accord with § 190.209 in response to the notice of probable violation;
(4) The Regional Director's evaluation of response material submitted by the respondent and recommendation for final action to be taken under this section; and
(5) In cases involving a § 190.211 hearing, any material submitted during and after the hearing and the presiding official's recommendation for final action to be taken under this section.
(c) Based on a review of a case file described in paragraph (b) of this section, the Associate Administrator, OPS shall issue a final order that includes—
(1) A statement of findings and determinations on all material issues, including a determination as to whether each alleged violation has been proved;
(2) If a civil penalty is assessed, the amount of the penalty and the procedures for payment of the penalty, provided that the assessed civil penalty may not exceed the penalty proposed in the notice of probable violation; and
(3) If a compliance order is issued, a statement of the actions required to be taken by the respondent and the time by which such actions must be accomplished.
(d) Except as provided by § 190.215, an order issued under this section regarding an enforcement proceeding is considered final administrative action on that enforcement proceeding.
(e) It is the policy of the Associate Administrator, OPS to issue a final order under this section expeditiously. In cases where a substantial delay is expected, notice of that fact and the date by which it is expected that action will be taken is provided to the respondent upon request and whenever practicable.
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18514, Apr. 26, 1996; 70 FR 11137, Mar. 8, 2005]
Title 49 published on 2012-10-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.