Sec. 20. ADMINISTRATIVE ENFORCEMENT PROCESS
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## SEC. 20 ADMINISTRATIVE ENFORCEMENT PROCESS ###
(a)Issuance of Regulations **[**[49 U.S.C. 60117 note](/us/usc/t49/s60117)**]** ####
(1)In general Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations— #####
(A)requiring hearings under sections 60112, 60117, 60118, and 60122 of title 49, United States Code, to be convened before a presiding official; #####
(B)providing the opportunity for any person requesting a hearing under section 60112, 60117, 60118, or 60122 of such title to arrange for a transcript of the hearing, at the expense of the requesting person; #####
(C)ensuring expedited review of any order issued pursuant to section 60112(e) of such title; #####
(D)implementing a separation of functions between personnel involved with the investigation and prosecution of an enforcement case and advising the Secretary on findings and determinations; and #####
(E)prohibiting ex-parte communication relevant to the question to be decided in such a case by parties to an investigation or hearing. ####
(2)Presiding official The regulations issued under this subsection shall— #####
(A)define the term “presiding official” to mean the person who conducts any hearing relating to civil penalty assessments, compliance orders, safety orders, or corrective action orders; and #####
(B)require that the presiding official be an attorney on the staff of the Deputy Chief Counsel of the Pipeline and Hazardous Materials Safety Administration that is not engaged in investigative or prosecutorial functions, including the preparation of notices of probable violations, notices relating to civil penalty assessments, notices relating to compliance, or notices of proposed corrective actions. ####
(3)Expedited review The regulations issued under this subsection shall define the term “expedited review” for the purposes of paragraph (1)(C). ###
(b)Standards of Judicial Review Section 60119(a) is amended by adding at the end the following new paragraph: > > #### “(3) > > A judicial review of agency action under this section shall apply the standards of review established in section 706 of title 5.” > .
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Sec. 20
ADMINISTRATIVE ENFORCEMENT PROCESS
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