§FMCSR.com
Historical textIn force on Oct. 1, 2001Source: annual CFR editions 2000–2004

§ 386.16 Action on petitions or replies.

Wording in the annual edition revised as of Oct. 1, 2000, superseded by the 2005 annual edition.

govinfo, 2001 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2001 edition's wording. An amendment that took effect between Oct. 1, 2001 and Oct. 1, 2001 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 386.16 — Action on petitions or replies.. Text in force on October 1, 2001. This wording effective October 1, 2000 to October 1, 2005. Source: govinfo, 2001 edition, https://www.govinfo.gov/app/details/CFR-2001-title49-vol4/CFR-2001-title49-vol4-sec386-16. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.16?asof=2001-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Replies not requesting an oral hearing. If the reply submitted does not request an oral hearing, the Assistant Administrator may issue a final decision and order based on the evidence and arguments submitted.

(b) Request for oral hearing. If a request for an oral hearing has been filed, the Assistant Administrator shall determine whether there are any material factual issues in dispute. If there are, he/she shall call the matter for a hearing. If there are none, he/she shall issue an order to that effect and set a time for submission of argument by the parties. Upon the submission of argument he/she shall decide the case.

(c) Settlement of civil forfeitures. (1) When negotiations produce an agreement as to the amount or terms of payment of a civil penalty or the terms and conditions of an order, a settlement agreement shall be drawn and signed by the respondent and the Assistant Administrator. Such settlement agreement must contain the following:

(i) The statutory basis of the claim;

(ii) A brief statement of the violations;

(iii) The amount claimed and the amount paid;

(iv) The date, time, and place and form of payment;

(v) A statement that the agreement is not binding on the agency until executed by the Assistant Administrator; and

(vi) A statement that failure to pay in accordance with the terms of the agreement which has been adopted as a Final Order will result in the loss of any reductions in penalties for claims found to be valid, and the original amount claimed will be due immediately.

(2) Any settlement agreement may contain a consent order.

(3) An executed settlement agreement is binding on the respondent and the claimant according to its terms. The respondent's consent to a settlement agreement that has not been executed by the Assistant Administrator may not be withdrawn for a period of 30 days after it is executed by the respondent.

[50 FR 40306, Oct. 2, 1985, as amended at 56 FR 10183, Mar. 11, 1991]

Amendment history

5 distinct wordings on file since Oct. 1, 1996
  1. Nov. 17, 2023 → presenteCFR, day-precisediff vs. previous
    [70 FR 28481, May 18, 2005, as amended at 88 FR 80182, Nov. 17, 2023]
  2. Oct. 1, 2006 → Nov. 17, 2023annual editions 2006–2016diff vs. previous
    [70 FR 28481, May 18, 2005]
  3. Oct. 1, 2005 → Oct. 1, 2006annual edition 2005diff vs. previous
    [50 FR 40306, Oct. 2, 1985, as amended at 56 FR 10183, Mar. 11, 1991]
  4. Oct. 1, 2000 → Oct. 1, 2005annual editions 2000–2004diff vs. previousviewing
    [50 FR 40306, Oct. 2, 1985, as amended at 56 FR 10183, Mar. 11, 1991]
  5. Oct. 1, 1996 → Oct. 1, 2000annual editions 1996–1999
    [50 FR 40306, Oct. 2, 1985, as amended at 56 FR 10183, Mar. 11, 1991]

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.