---
kind: "section"
citation: "10 C.F.R. § 429.124"
title: "10"
number: "429.124"
heading: "Election of procedures."
url: "https://uscodex.org/cfr/10/429.124"
---

# §429.124. Election of procedures.

- (a) In responding to a notice of proposed civil penalty, the respondent may request:
  - (1) An administrative hearing before an Administrative Law Judge (ALJ) under [§ 429.126](/cfr/10/429.126.md) of this part; or
  - (2) Elect to have the procedures of [§ 429.128](/cfr/10/429.128.md) apply.
- (b) Any election to have the procedures of [§ 429.128](/cfr/10/429.128.md) apply may not be revoked except with the consent of the General Counsel (or delegee).
- (c) If the respondent fails to respond to a notice issued under [§ 429.120](/cfr/10/429.120.md) 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](/cfr/10/429.126.md).

## Notes

### 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.