Ask X3What does 49 CFR 107.327 (Compromise and settlement) require?
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Based on 49 CFR 107.327, you (the respondent) or the Office of Chief Counsel may propose a compromise or settlement at any time before an order is referred to the Attorney General for enforcement.
Here is what is required for the different types of cases:
* For civil penalty cases: You or the Chief Counsel may offer to compromise the penalty amount by submitting a specific offer to the other party. If you make the offer, you must submit it to the Chief Counsel (who will decide to accept or reject it after consulting with the Associate Administrator). Submitting a compromise offer pauses any response period currently running. If you reach an agreement, you will receive written notification, and once the Office of Chief Counsel receives your payment, you will receive written confirmation that the payment satisfies the penalty in full, and the case will be closed with prejudice. If you cannot reach an agreement, you will be notified in writing and given 10 days—or the remaining time left in your original response period, whichever is longer—to respond to the action taken by the Office of Chief Counsel or the PHMSA Administrator.
* For compliance order cases: You may propose a consent agreement to the Chief Counsel. To do this, your submitted agreement must include:
1. A statement of any factual allegations you are challenging.
2. The reasons why the terms of the compliance order (or proposed compliance order) are too burdensome for you or are not supported by the record.
3. A proposed compliance order that is suitable for the Chief Counsel to issue.
4. An admission of all jurisdictional facts.
5. An express waiver of any further procedural steps and all rights to seek judicial review or otherwise challenge or contest the validity of the order.
*(If the Chief Counsel accepts this agreement, an order is issued accordingly; if rejected, the proceeding continues).*
* For general settlements: Under 49 CFR 107.327, either you or the Office of Chief Counsel may propose to settle the case. If the Chief Counsel agrees, you will be notified, and the case will be closed without prejudice to you.