Ask X3What does 49 CFR 107.323 (ALJ's decision) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
Based on 49 CFR 107.323, after reviewing all matters of record, the Administrative Law Judge (ALJ) must issue an order that either:
1. Dismisses the notice of probable violation (in whole or in part); or
2. Grants the sanction sought by the Office of Chief Counsel.
If the notice is not entirely dismissed, the ALJ will issue an order directing compliance, assessing a civil penalty, or both (if proposed in the notice). This order must include findings, conclusions, and the reasons for them regarding all material issues of fact, law, and discretion.
Additionally, as a motor-carrier owner, if you receive such an order, you have 20 days to take one of the following actions in writing:
* Accept the terms of a compliance order;
* Pay the civil penalty (where appropriate); or
* File an appeal under § 107.325.
If you fail to do any of these things within 20 days of receiving the order, the case may be referred to the Attorney General to bring an action in a U.S. District Court to enforce the compliance order or collect the civil penalty.