Case file.

(a)The case file, as defined in this section, is available to the respondent in all enforcement proceedings conducted under this subpart.#

(b)The case file of an enforcement proceeding consists of the following:#

(1)In cases commenced under § 190.206, the notice of amendment and the relevant procedures;#

(2)In cases commenced under § 190.207, the notice of probable violation and the violation report;#

(3)In cases commenced under § 190.233, the corrective action order or notice of proposed corrective action order and the data report, if one is prepared;#

(4)In cases commenced under § 190.239, the notice of proposed safety order;#

(5)Any documents and other material submitted by the respondent in response to the enforcement action;#

(6)In cases involving a hearing, any material submitted during and after the hearing as set forth in § 190.211; and#

(7)The Regional Director's written evaluation of response material submitted by the respondent and recommendation for final action, if one is prepared.#