Sec. 108. Due process protections in enforcement proceedings

497 words·~2 min read·/bill/116/s/2299/es/section-108

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 60117 of title 49, United States Code, is amended— by redesignating subsections

(b)through

(o)as subsections

(c)through (p), respectively; and by inserting after subsection

(a)the following: On request of a respondent in an enforcement or regulatory proceeding under this chapter, a hearing shall be held in accordance with section 554 of title 5. A hearing under paragraph

(1)shall be conducted by an administrative law judge appointed under section 3105 of title 5. A hearing under paragraph

(1)shall be— noticed to the public— on the website of the Pipeline and Hazardous Materials Safety Administration; and in the Federal Register; and open to the public. A consent agreement, consent order, order, or judgment resulting from a hearing under paragraph

(1)shall be made available to the public on the website of the Pipeline and Hazardous Materials Safety Administration. In implementing enforcement and regulatory procedures under this chapter, the Secretary shall— allow the use of a consent agreement and consent order to resolve any matter of fact or law asserted; allow the respondent and the agency to convene 1 or more meetings— for settlement or simplification of the issues; or to aid in the disposition of issues; require that the case file in an enforcement proceeding include all agency records pertinent to the matters of fact and law asserted; require that a recommended decision be made available to the respondent when issued; allow a respondent to reply to any post-hearing submission; allow a respondent to request— that a hearing be held, and a recommended decision and order issued, on an expedited basis; or that a hearing not commence for a period of not less than 90 days; require that the agency have the burden of proof, presentation, and persuasion in any enforcement matter; require that any recommended decision and order contain findings of fact and conclusions of law; require the Associate Administrator of the Office of Pipeline Safety to file a post-hearing recommendation not later than 30 days after the deadline for any post-hearing submission of a respondent; require an order on a petition for reconsideration to be issued not later than 120 days after the date on which the petition is filed; and allow an operator to request that an issue of controversy or uncertainty be addressed through a declaratory order in accordance with section 554(e) of title 5, which order shall be issued not later than 120 days after the date on which a request is made. Nothing in this subsection alters the procedures applicable to an emergency order under subsection (p). . Section 60109(g)(4) of title 49, United States Code, is amended by striking section 60117(c) and inserting section 60117(d) . Section 60117(p) of title 49, United States Code (as redesignated by subsection (a)(1)), is amended, in paragraph (3)(E), by striking 60117(l) and inserting subsection

(m). Section 60118(a)(3) of title 49, United States Code, is amended by striking section 60117(a)–(d) and inserting subsections

(a)through

(e)of section 60117 .