§ 386.21 Compliance order.
Wording in the annual edition revised as of Oct. 1, 2005, superseded by the 2006 annual edition. The section was then removed.
Link to an amendment published at 70 FR 28482, May 18, 2005.
Effective Date Note:
At 70 FR 28482, May 18, 2005, § 386.21 was removed, effective November 14, 2005.
(a) When a respondent contests a Notice of Investigation or fails to reply to such notice, the final order disposing of the proceeding may contain a compliance order.
(b) A compliance order shall be executed by the Assistant Administrator and shall contain the following:
(1) A statement of jurisdictional facts;
(2) Findings of facts, or reference thereto in an accompanying decision, as determined by a hearing officer or by the Assistant Administrator upon respondent's failure to reply to the notice, which establish the violations charged;
(3) A specific direction to the respondent to comply with the regulations violated within time limits provided;
(4) Other directions to the respondent to take reasonable measures, in the time and manner specified, to assure future compliance;
(5) A statement of the consequences for failure to meet the terms of the order;
(6) Provision that the Notice of Investigation and the final decision of the hearing officer or Assistant Administrator may be used to construe the terms of the order; and
(7) A statement that the order constitutes final agency action, subject to review as provided in 49 U.S.C. 521(b)(8) for violations of regulations issued under the authority of 49 U.S.C. 31502, the Motor Carrier Safety Act of 1984 or sections 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986; or as provided in 5 U.S.C. 701 et seq., for violations of regulations issued under the authority of 49 U.S.C. 5123 (hazardous materials proceedings) or 49 U.S.C. 31138-31139 (financial responsibility proceedings) or violations of the commercial regulations.
(c) Notice of imminent hazard. A compliance order may also contain notice that further violations of the same regulations may constitute an imminent hazard subjecting respondent to an order under subpart F of this part.
[56 FR 10183, Mar. 11, 1991, as amended at 65 FR 7756, Feb. 16, 2000]
Link to an amendment published at 70 FR 28482, May 18, 2005.
Effective Date Note:
At 70 FR 28482, May 18, 2005, § 386.21 was removed, effective November 14, 2005.
(a) When a respondent contests a Notice of Investigation or fails to reply to such notice, the final order disposing of the proceeding may contain a compliance order.
(b) A compliance order shall be executed by the Assistant Administrator and shall contain the following:
(1) A statement of jurisdictional facts;
(2) Findings of facts, or reference thereto in an accompanying decision, as determined by a hearing officer or by the Assistant Administrator upon respondent's failure to reply to the notice, which establish the violations charged;
(3) A specific direction to the respondent to comply with the regulations violated within time limits provided;
(4) Other directions to the respondent to take reasonable measures, in the time and manner specified, to assure future compliance;
(5) A statement of the consequences for failure to meet the terms of the order;
(6) Provision that the Notice of Investigation and the final decision of the hearing officer or Assistant Administrator may be used to construe the terms of the order; and
(7) A statement that the order constitutes final agency action, subject to review as provided in 49 U.S.C. 521(b)(8) for violations of regulations issued under the authority of 49 U.S.C. 31502, the Motor Carrier Safety Act of 1984 or sections 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986; or as provided in 5 U.S.C. 701 et seq., for violations of regulations issued under the authority of 49 U.S.C. 5123 (hazardous materials proceedings) or 49 U.S.C. 31138-31139 (financial responsibility proceedings) or violations of the commercial regulations.
(c) Notice of imminent hazard. A compliance order may also contain notice that further violations of the same regulations may constitute an imminent hazard subjecting respondent to an order under subpart F of this part.
[56 FR 10183, Mar. 11, 1991, as amended at 65 FR 7756, Feb. 16, 2000]
Amendment history
3 distinct wordings on file since Oct. 1, 1996- [56 FR 10183, Mar. 11, 1991, as amended at 65 FR 7756, Feb. 16, 2000]
- [56 FR 10183, Mar. 11, 1991, as amended at 65 FR 7756, Feb. 16, 2000]
- Oct. 1, 1996 → Oct. 1, 2000annual editions 1996–1999[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.