§ 107.325 Appeals.
发布08-07
生效09-08
摘要总结AI 辅助解读
该条款规定了美国管道与危险品安全管理局（PHMSA）行政处罚决定的上诉程序。当事人若对行政法官（ALJ）或听证外程序的决定不服，须在收到命令后20日内向PHMSA局长提交书面上诉，并具体说明异议点。上诉期间通常暂停原命令效力，但若局长认为符合公共利益，可维持合规命令有效。若最终决定维持原判，当事人须在20日内履行义务，否则案件将移交司法部强制执行。
- (a) Hearing proceedings. A party aggrieved by an ALJ's decision and order issued under § 107.323, may file a written appeal in accordance with paragraph (c) of this section with the Administrator, Office of the Administrator, Pipeline and Hazardous Materials Safety Administration, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
- (b) Non-Hearing proceedings. A respondent aggrieved by an order issued under § 107.317, may file a written appeal in accordance with paragraph (c) of this section with the Administrator, Office of the Administrator, Pipeline and Hazardous Materials Safety Administration, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
- (c) An appeal of an order issued under this subpart must:
- (1) Be filed within 20 days of receipt of the order by the appealing party; and
- (2) State with particularity the findings in the order that the appealing party challenges, and include all information and arguments pertinent thereto.
- (d) If the Administrator, PHMSA, affirms the order in whole or in part, the respondent must comply with the terms of the decision within 20 days of the respondent's receipt thereof, or within the time prescribed in the order. If the respondent does not comply with the terms of the decision within 20 days of receipt, or within the time prescribed in the order, the case may be referred to the Attorney General for action to enforce the terms of the decision.
- (e) The filing of an appeal stays the effectiveness of an order issued under § 107.317 or § 107.323. However, if the Administrator, PHMSA, determines that it is in the public interest, he may keep an order directing compliance in force pending appeal.
[70 FR 56090, Sept. 23, 2005, as amended at 72 FR 55683, Oct. 1, 2007]