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49 CFR 5.119

§ 5.119 Enforcement rights.

United States · 49 CFR — Transportation · Status: effective

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Citation
49 CFR 5.119, § 5.119 Enforcement rights, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/254130
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Full text

Regulated parties that are the subject of a DOT enforcement action may, during the course of the enforcement action, petition the DOT General Counsel for a determination that responsible DOT personnel violated one or more provisions of this subpart with respect to the enforcement action. If the General Counsel chooses to review the petition and determines that DOT personnel did not follow the provisions of this subpart, the General Counsel may elect to direct the relevant agency decisionmaker to award the following type of relief, as warranted by the circumstances and consistent with law: (a) Removal of the enforcement team from the particular matter; (b) Elimination of certain issues or the exclusion of certain evidence or the directing of certain factual findings in the course of the enforcement action; and (c) Restarting the enforcement action again from the beginning or recommencing the action from an earlier point in the proceeding.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.