Title 49: Transportation
PART 209—RAILROAD SAFETY ENFORCEMENT PROCEDURES
Subpart D—Disqualification Procedures
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§ 209.311 Request for hearing.
(a) If the respondent elects to request a hearing, he or she must submit a written request within the time periods specified in §209.307(a) or §209.309(g) to the Chief Counsel referring to the case number that appears on the notice of proposed disqualification. The request must contain the following:
(1) The name, address, and telephone number of the respondent and of the respondent's designated representative, if any;
(2) A specific response admitting, denying, or explaining each allegation of the notice of disqualification order.
(3) A description of the claims and defenses to be raised by the respondent at the hearing; and
(4) The signature of the respondent or the representative, if any.
(b) Upon receipt of a request for a hearing complying with the requirements of paragraph (a) of this section, the Chief Counsel shall arrange for the appointment of a presiding officer and transmit the disqualification file to the presiding officer, who shall schedule the hearing for the earliest practicable date within the time period set by §209.321(a) of this subpart.
(c) Upon assignment of a presiding officer, further matters in the proceeding generally are conducted by and through the presiding officer, except that the Chief Counsel and respondent may settle or voluntarily dismiss the case without order of the presiding officer. The Chief Counsel shall promptly notify the presiding officer of any settlement or dismissal of the case.
