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Federal regulations · Through 2026-08-25 · Newer source version available

49 CFR 190.219: Consent order.

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Where this section sits in the code
  1. Title 49—Transportation
  2. Subtitle B—Other Regulations Relating to Transportation
  3. CHAPTER I—PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
  4. SUBCHAPTER D—PIPELINE SAFETY
  5. PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES
  6. Subpart B—Enforcement

(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).

Collected 2026-08-27T02:26:34Z. Source file · JSON

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