§429.124. Election of procedures.
10 C.F.R. § 429.124
In responding to a notice of proposed civil penalty, the respondent may request:
An administrative hearing before an Administrative Law Judge (ALJ) under § 429.126 of this part; or
Elect to have the procedures of § 429.128 apply.
Any election to have the procedures of § 429.128 apply may not be revoked except with the consent of the General Counsel (or delegee).
If the respondent fails to respond to a notice issued under § 429.120 or otherwise fails to indicate its election of procedures, DOE shall refer the civil penalty action to an ALJ for a hearing under § 429.126.
Notes, amendments, and revision history
Authority
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
Source
Source: 76 FR 12451, Mar. 7, 2011, unless otherwise noted.