[Code of Federal Regulations]
[Title 15, Volume 1, Parts 0 to 299]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR280.204]

[Page 397-398]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
 CHAPTER II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT 
                               OF COMMERCE
 
PART 280--FASTENER QUALITY--Table of Contents
 
                         Subpart C--Enforcement
 
Sec. 280.204  Institution of administrative enforcement proceedings.

    (a) Charging letters. The Director of the Office of Export 
Enforcement (OEE) may begin administrative enforcement proceedings under 
this part by issuing a charging letter. The charging letter shall 
constitute the formal complaint and will state that there is reason to 
believe that a violation of this part has occurred. It will set forth 
the essential facts about each alleged violation, refer to the specific 
regulatory or other provisions involved, and give notice of the 
sanctions available under the Act and this part. The charging letter 
will inform the respondent that failure to answer the charges as 
provided in Sec. 280.207 of this

[[Page 398]]

part will be treated as a default under Sec. 280.208 of this part, that 
the respondent is entitled to a hearing if a written demand for one is 
requested with the answer, and that the respondent may be represented by 
counsel, or by other authorized representative. A copy of the charging 
letter shall be filed with the administrative law judge, which filing 
shall toll the running of the applicable statute of limitations. 
Charging letters may be amended or supplemented at any time before an 
answer is filed, or, with permission of the administrative law judge, 
afterwards. The Department may unilaterally withdraw charging letters at 
any time, by notifying the respondent and the administrative law judge.
    (b) Notice of issuance of charging letter instituting administrative 
enforcement proceeding. A respondent shall be notified of the issuance 
of a charging letter, or any amendment or supplement thereto:
    (1) By mailing a copy by registered or certified mail addressed to 
the respondent at the respondent's last known address;
    (2) By leaving a copy with the respondent or with an officer, a 
managing or general agent, or any other agent authorized by appointment 
or by law to receive service of process for the respondent; or
    (3) By leaving a copy with a person of suitable age and discretion 
who resides at the respondent's last known dwelling.
    (4) Delivery of a copy of the charging letter, if made in the manner 
described in paragraph (b)(2) or (3) of this section, shall be evidenced 
by a certificate of service signed by the person making such service, 
stating the method of service and the identity of the person with whom 
the charging letter was left. The certificate of service shall be filed 
with the administrative law judge.
    (c) Date. The date of service of notice of the issuance of a 
charging letter instituting an administrative enforcement proceeding, or 
service of notice of the issuance of a supplement or amendment to a 
charging letter, is the date of its delivery, or of its attempted 
delivery if delivery is refused.

[61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 
June 28, 2000]