Ask X3What does 49 CFR 107.305 (Investigations) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
Based on 49 CFR 107.305, investigations and compliance operations function under specific guidelines for motor carriers and other regulated persons:
* Investigations and Inspections: Authorized personnel (such as hazmat investigators) may conduct inspections and gather information by reasonable means, including interviews, statements, photocopying, photography, and audio/video recording.
* Credentials: An investigator must present their official credentials for your examination upon request, though the credentials cannot be reproduced.
* Oaths and Subpoenas: Investigators may administer oaths, receive affirmations, and—with the concurrence of the Director, Field Operations—issue subpoenas for documentary or tangible evidence that will materially advance a compliance determination. You may seek a review of any issued subpoena through the Office of Chief Counsel.
* Notification and Purpose: If you are the subject of an investigation and are asked to provide information or documents, you will be notified of the general purpose for which they are being sought.
* Voluntary Production: The Associate Administrator encourages the voluntary production of documents.
* Termination: If an investigation reveals that further action is unnecessary, you will be notified, and the investigative file will be closed without prejudice.
* Confidentiality: Information gathered during an investigation—including your identity as the person investigated and the identities of those providing information—remains confidential under applicable public disclosure exemptions.