(5)
If the issuance of a consent order has been agreed upon after the .ling of a request for hearing in accordance with Subpart D of this part, the proposal for a consent order shall include a request to be .led with the Hearing Of-.cer withdrawing the request for a hearing and requesting that the case be dismissed.
FAR 13.79 : Hearing.
If an alleged violator requests a hearing in accordance with r13.75, the procedure of Subpart D of this part applies. At the close of the hearing, the Hearing O.cer, on the record orsubsequentlyinwriting,setsforth theHearingO.cer’s .ndingsand conclusion and the reasons therefor, and either –
(a)
Dismisses the notice of proposed order of compliance; or
(b)
Issues an order of compliance.
FAR 13.81 : Order of immediate compliance.
(a)
Notwithstanding rr13.73 through 13.79, the Chief Counsel, the Assistant Chief Counsel, Enforcement, the Assistant Chief Counsel, Europe, Africa, and Middle East Area O.ce, or a Regional Counsel may issue an order of immediate com-pliance, which is e.ective upon issuance, if the person who issues the order .nds that –
(1)
Thereis strongprobability that a violationis occurring oris aboutto occur;
(2)
The violationposesasubstantial risk tohealth ortosafety oflife orproperty; and
(3)
Thepublicinterestrequirestheavoidanceorameliorationof that risk through immediate compliance and waiver of the procedures a.orded under rr13.73 through 13.79.
(b)
An order ofimmediate complianceis servedpromptlyupon theperson against whom the orderisissuedby telephone or telegram, and a written statement of the relevant factsand thelegalbasisfortheorder,including the .ndingsrequiredbyparagraph (a)of this section,is servedpromptly bypersonal service orby mail.
(c)
The o.cial who issued the order of immediate compliance may rescind or suspend theorderifit appearsthatthecriteriasetforthinparagraph(a) of thissectionare nolonger satis.ed, and, when appropriate,may issue a notice ofproposed orderof compliance under r13.73 in lieu thereof.
(d)
If at any time in the course of a proceeding commenced in accordance with r13.73 the criteria setforthinparagraph(a) ofthis section are satis.ed,the o.cial who issued the notice may issue an order of immediate compliance, even if the period for .ling a reply or requesting a hearing speci.ed in r13.75 has not expired.
(e)
Within three days after receipt of service of an order of immediate compliance, the alleged violator may request a hearing in accordance with Subpart D of this part and the procedure in that subpart will apply except that –
(1) The case will be heard within .fteen days after the date of the order of imme-diate compliance unless the alleged violator requests a later date;
′
Elodie Roux. Septembre 2003
(2)
The order will serve as the complaint; and
(3)
The Hearing O.cer shall issue his decision and order dismissing, reversing, modifying, or a.rming the order of immediate compliance on the record at the close of the hearing.
(f)
The .ling of arequestforhearinginaccordancewithparagraph(e) ofthissection does not stay the e.ectiveness of an order of immediate compliance.
(g)
At any time after an order of immediate compliance has become e.ective, the of-.cial who issued the order may request the United States Attorney General, or the delegate of the Attorney General, to bring an action for appropriate relief in accordance with r13.25.
FAR 13.83 : Appeal.
(a)
Anyparty tothehearing may appealfromtheorderof theHearing O.cerby .ling anotice of appeal with theAdministratorwithin20daysafterthedateofissuance of the order.
(b)
Any person against whom an order of immediate compliance has been issued in accordance with r13.81orthe o.cial whoissuedthe order ofimmediate compliance may appeal from the order of the Hearing O.cer by .ling a notice of appeal with the Administrator within three days after the date of issuance of the order by the Hearing O.cer.
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