Sec. 26. Opportunity for formal hearing

334 words·~2 min read·/bill/119/hr/5301/ih/section-26

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Section 60117(b)(1) of title 49, United States Code, is amended— in subparagraph

(I)by striking and at the end; in subparagraph

(J)by striking the period and inserting ; and ; and by adding at the end the following: allow the respondent an opportunity for a hearing on the record conducted by an administrative law judge, in accordance with section 554 of title 5, for a notice of probable violation enforcement matter— with a proposed civil penalty of at least $125,000; or where the respondent can reasonably show the cost of the proposed compliance action will exceed $125,000. . Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall publish protocols for hearings open to the public pursuant to section 60117(b)(2) of title 49, United States Code, that ensure an orderly process and protection of confidential information. Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing— the number of hearings held pursuant to subparagraph

(K)of section 60117(b)(1) of title 49, United States Code; the status of each such hearing; an analysis comparing the informal hearing process and the formal hearing process that describes— the length of time to resolve an enforcement action under section 60117 of title 49, United States Code; the cost of the enforcement action process to— the respondent; and the Pipeline and Hazardous Materials Safety Administration; and the number of cases that reach settlement and the outcome of such cases; any additional resources that are needed by the Secretary in response to implementing this provision for each fiscal year to carry out the amendment made by subsection (a); and any safety improvements identified as a result of the implementation of subparagraph

(K)of section 60117(b)(1) of title 49, United States Code.