DOT 49 CFR PART 1021-2010 ADMINISTRATIVE COLLECTION OF ENFORCEMENT CLAIMS.pdf

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1、69 Surface Transportation Board, DOT Pt. 1021 PART 1019REGULATIONS GOV-ERNING CONDUCT OF SURFACE TRANSPORTATION BOARD EM-PLOYEES Sec. 1019.1 Cross-reference to employee ethical conduct standards and financial disclo-sure regulations. 1019.2 Interpretation and advisory service. 1019.3 Ex parte commun

2、ications. 1019.4 Use of intoxicants. 1019.5 Sexual harassment. 1019.6 Disciplinary and other remedial ac-tion. AUTHORITY: 49 U.S.C. 721. SOURCE: 58 FR 42027, Aug. 6, 1993, unless otherwise noted. 1019.1 Cross-reference to employee ethical conduct standards and fi-nancial disclosure regulations. Memb

3、ers and employees of the Sur-face Transportation Board also should refer to the executive branch Stand-ards of Ethical Conduct at 5 CFR part 2635, the STB regulations at 5 CFR part 5001 which supplement the executive branch standards, and the executive branch financial disclosure regulations at 5 CF

4、R part 2634. 1019.2 Interpretation and advisory service. (a) The Boards Executive Counsel shall be the Boards Designated Agency Ethics Official (DAEO). (b) By June 30 of each year, the DAEO shall report to the Board on the operation of the Boards ethics pro-gram with any recommendations that the DAE

5、O deems advisable. 58 FR 42027, Aug. 6, 1993, as amended at 64 FR 53267, Oct. 1, 1999 1019.3 Ex parte communications. Members and employees of the Board must conform to the standards adopted by the Board in 49 CFR 1102.2. 1019.4 Use of intoxicants. Members and employees of the Board shall not use al

6、cohol, drugs, or other intoxicants so as to impede the dis-charge of their official duties. 1019.5 Sexual harassment. (a) Members and employees shall not engage in harassment on the basis of sex. Unwelcome sexual advances, re-quests for sexual favors, and other verbal or physical conduct of a sexual

7、 nature constitute sexual harassment when: (1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment; (2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affect-ing such individual

8、; or (3) Such conduct has the purpose or effect of interfering with an individ-uals work performance or creating an intimidating, hostile, offensive, or un-pleasant working environment. (b) Employees and applicants may follow the standard Equal Employment Opportunity Board complaint process if they

9、believe they have a work-related sexual harassment problem. This re-quires that the employee or applicant contact an EEO Counselor within 45 days of the alleged harassment or, if a personnel action is involved, within 45 days of its effective date. (c) The regulations in this section apply also to h

10、arassment based on race, color, religion, or national origin. 1019.6 Disciplinary and other reme-dial action. Any violation of the regulations in this part by an employee shall be cause for appropriate disciplinary or other remedial action as provided in the STBs Manual of Administration 22751, whic

11、h may be in addition to any pen-alty prescribed by law. The manual is available from the Section of Per-sonnel Services, Surface Transpor-tation Board, Washington, DC 20423. 58 FR 42027, Aug. 6, 1993, as amended at 64 FR 53267, Oct. 1, 1999 Parts 10211029Enforcement PART 1021ADMINISTRATIVE COL-LECTI

12、ON OF ENFORCEMENT CLAIMS Sec. 1021.1 Standards. 1021.2 Enforcement claims and debtors. 1021.3 Enforcement collection designee. 1021.4 Notice of claim and demand. 1021.5 Agreement and release. VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00079 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219j

13、djones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-70 49 CFR Ch. X (10110 Edition) 1021.1 1021.6 Method of claim payment. AUTHORITY: 31 U.S.C. 3701, 3711, 3717, 3718. SOURCE: 32 FR 20015, Dec. 20, 1967, unless otherwise

14、noted. 1021.1 Standards. The regulations issued jointly by the Comptroller General of the United States and the Attorney General of the United States under section 3 of the Federal Claims Collection Act of 1966 (31 U.S.C. 951 et seq.) and published in 4 CFR parts 101 through 105 are hereby adopted b

15、y the Surface Transportation Board for the administrative collection of enforcement claims. 1021.2 Enforcement claims and debt-ors. (a) Enforcement claims are all sepa-rate civil penalty or forfeiture claims not exceeding $20,000 which may arise under the provisions of the Interstate Commerce Act or

16、 legislation supple-mentary thereto. (b) Debtor is any person or corpora-tion subject to civil penalties or for-feitures for violation of the provisions of the Interstate Commerce Act or leg-islation supplementary thereto. 1021.3 Enforcement collection des-ignee. The Director, Office of Compliance a

17、nd Enforcement, Surface Transpor-tation Board, is the Boards designee to take all necessary action administra-tively to settle by collection, com-promise, suspension or termination, enforcement claims within the con-templation of the Federal Claims Col-lection Act of 1966. 45 FR 31374, May 13, 1980,

18、 as amended at 64 FR 53267, Oct. 1, 1999 1021.4 Notice of claim and demand. Initiation of administrative collec-tion of enforcement claims will be commenced by the enforcement collec-tion designee mailing a letter of notice of claim and demand to the debtor. Such letter will state the statutory basi

19、s for the claim, a brief resume of the factual basis for the claim, the amount of the claim, and indicate the availability of the designee or his per-sonal agent for discussion of the claim should the debtor so desire. 1021.5 Agreement and release. Upon the debtors agreement to set-tle a claim, an A

20、greement and Release Form will be provided to the debtor in duplicate. This form, after reciting the statutory basis for the claim, will con-tain a statement to be signed in dupli-cate by the debtor evidencing his agreement to settlement of the claim for the amount stated in the agree-ment. Both cop

21、ies of the signed agree-ment shall be returned to the collec-tion designee. Upon final collection of the claim, one copy of the agreement and release shall be returned to the debtor with the release thereon signed by the enforcement collection des-ignee. 1021.6 Method of claim payment. (a) Debtors:

22、Debtors shall be required to settle claims by: (1) Payment by bank cashier check or other instrument acceptable to des-ignee. (2) Installment payments by check after the execution of a promissory note containing an agreement for judg-ment. (b) All checks or other instruments will be made out to Surf

23、ace Transpor-tation Board, and after receipt will be forwarded to U.S. Treasury. Parts 10301039Carriers Subject to Part I, Interstate Commerce Act PART 1033CAR SERVICE Sec. 1033.1 Car hire rates. 1033.2 Car service orders. AUTHORITY: 49 U.S.C. 721, 11121, 11122. 1033.1 Car hire rates. (a) Definition

24、s applicable to this sec-tion: (1) Car. A freight car bearing railroad reporting marks, other than an ex-cluded boxcar as defined in 1039.14(c)(2) of this chapter whenever it is owned or leased by any class III carrier and bears a class III carriers reporting marks. (2) Car hire. Compensation to be

25、paid by a user to an owner for use of a car. Such compensation may include, but VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00080 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-