§ 107.317 Informal response.
发布08-07
生效09-08
摘要总结AI 辅助解读
本条款规定了美国交通部（DOT）危险品合规执法中，针对“疑似违规通知”（Notice of Probable Violation, NPV）的非正式回应程序。被调查方可在收到NPV后提交书面解释、信息或论据，并可申请举行会议（现场或电话）。首席法律顾问办公室将综合审查这些材料，有权决定全部或部分撤销NPV，或签发合规命令及/或民事罚款。该程序是危险品违规处罚前的关键抗辩窗口期。
- (a) In responding to a notice of probable violation under § 107.311, the respondent may submit to the official who issued the notice, written explanations, information, or arguments in response to the allegations, the terms of a proposed compliance order, or the amount of the preliminarily assessed civil penalty.
- (b) The respondent may include in his informal response a request for a conference. Upon the request of the respondent, the conference may be either in person or by telephone. A request for a conference must set forth the issues the respondent will raise at the conference.
- (c) Upon receipt of a request for a conference under paragraph (b) of this section, the Chief Counsel's Office, in consultation with the Associate Administrator, arranges for a conference as soon as practicable at a time and place of mutual convenience.
- (d) The respondent's written explanations, information, and arguments as well as the respondent's presentation at a conference are considered by the Chief Counsel in reviewing the notice of probable violation. Based upon a review of the proceeding, the Chief Counsel may dismiss the notice of probable violation in whole or in part. If he does not dismiss it in whole, he issues an order directing compliance or assessing a civil penalty, or, if proposed in the notice, both.
[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-23, 56 FR 66157, Dec. 20, 1991; 66 FR 45377, Aug. 28, 2001]