§ 107.323 ALJ's decision.
发布08-07
生效09-08
摘要总结AI 辅助解读
该条款规定了美国行政法官（ALJ）在危险品违规案件中的裁决程序。ALJ需基于案卷记录作出驳回或批准处罚的决定，并说明理由。若被处罚方在收到命令后20天内未书面接受合规要求、缴纳罚款或提起上诉，案件可移交司法部向联邦地区法院申请强制执行或追缴罚款。此为内部司法程序规范，不直接改变企业实体权利义务。
- (a) After consideration of all matters of record in the proceeding, the ALJ shall issue an order dismissing the notice of probable violation in whole or in part or granting the sanction sought by the Office of Chief Counsel in the notice. If the ALJ does not dismiss the notice of probable violation in whole, he issues an order directing compliance or assessing a civil penalty, or, if proposed in the notice, both. The order includes a statement of the findings and conclusions, and the reasons therefore, on all material issues of fact, law, and discretion.
- (b) If, within 20 days of receipt of an order issued under paragraph (a) of this section, the respondent does not submit in writing his acceptance of the terms of an order directing compliance, or, where appropriate, pay a civil penalty, or file an appeal under § 107.325, the case may be referred to the Attorney General with a request that an action be brought in the appropriate United States District Court to enforce the terms of a compliance order or collect the civil penalty.