Code · CFR · Title 10 — Energy · Part 429 — Certification, Compliance, and Enforcement for Consumer Products and Commercial and Industrial Equipment · § 429.124

§ 429.124. Election of procedures.

105 words·~1 min read·/us/cfr/t10/s§ 429.124·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 of this part; or

(2)Elect to have the procedures of § 429.128 apply.

(b)Any election to have the procedures of § 429.128 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 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.