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45 FR 20413, Mar. 27, 1980, unless otherwise noted.
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Subscribe to: 49 CFR Part 190 Subpart B - Compliance Orders
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Nomenclature changes to part 190 appear at 78 FR 58908, Sept. 25, 2013.
When a Regional Director has reason to believe that a person is engaging in conduct that violates 49 U.S.C. 60101 et seq., 33 U.S.C. 1321(j), or any regulation or order issued thereunder, and if the nature of the violation and the public interest so warrant, the Regional Director may initiate proceedings under §§ 190.207 through 190.213 to determine the nature and extent of the violations and for the issuance of an order directing compliance.
[Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]
(a) At any time prior to the resolution of an enforcement proceeding under subpart B of this part, the Regional Director and respondent may agree to resolve the case by execution of a consent agreement and order, which may be jointly executed by the parties and issued by the Associate Administrator. Upon execution, the consent order is considered a final order under § 190.213.
(b) A consent order executed under paragraph (a) of this section shall include:
(1) An admission by the respondent of all jurisdictional facts;
(2) An express waiver of further procedural steps and of all right to seek judicial review or otherwise challenge or contest the validity of that order;
(3) An acknowledgement that the notice may be used to construe the terms of the consent order; and
(4) A statement of the actions required of the respondent and the time by which such actions shall be accomplished.
(c) Prior to the execution of a consent agreement and order arising out of a corrective action order under § 190.233, the Associate Administrator will notify any appropriate State official in accordance with 49 U.S.C. 60112(c).
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18514, Apr. 26, 1996; Amdt. 190-16, 78 FR 58912, Sept. 25, 2013; Amdt. No. 190-26, 91 FR 21973, Apr. 24, 2026]