---
kind: "section"
citation: "14 C.F.R. § 302.409"
title: "14"
number: "302.409"
heading: "Default."
url: "https://uscodex.org/cfr/14/302.409"
---

# §302.409. Default.


Failure of a respondent to file and serve an answer within the time and in the manner prescribed by [§ 302.408](/cfr/14/302.408.md) shall be deemed to authorize the DOT decisionmaker or administrative law judge, as a matter of discretion, to find the facts alleged in the complaint incorporated in or accompanying the notice instituting a formal enforcement proceeding to be true and to enter such orders as may be appropriate without notice or hearing, or, as a matter of discretion, to proceed to take proof, without notice, of the allegations or charges set forth in the complaint or order; Provided, that the DOT decisionmaker or administrative law judge may permit late filing of an answer for good cause shown.


## Notes

### Authority

Authority: 39 U.S.C. 5402; 42 U.S.C. 4321, 49 U.S.C. Subtitle I and Chapters 401, 411, 413, 415, 417, 419, 461, 463, and 471.

### Source

Source: Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, unless otherwise noted.