Ask X3What does 49 CFR 107.321 (Hearing) require?
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Based on 49 CFR 107.321, a hearing regarding an alleged violation requires and involves the following:
* Location: To the extent practicable, the hearing is held near where the alleged violation occurred or at a place convenient for you (the respondent).
* Testimony and Recording: Witness testimony must be given under oath, and the hearing is recorded verbatim.
* Rules of Conduct: Hearings follow the Federal Rules of Evidence and Federal Rules of Civil Procedure, though the Administrative Law Judge (ALJ) may modify them to fully develop the facts.
* Burden of Proof: The official who issued the notice of probable violation (or their representative) carries the burden of proving the facts alleged.
* Your Rights as a Motor Carrier: You may appear and be heard on your own behalf or choose to be represented by counsel. You or your counsel may:
* Offer relevant information, including testimony, to oppose the allegations or to influence the sanction being sought.
* Conduct cross-examination as needed for a full disclosure of the facts.