[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: 15CFR280.208]

[Page 399-400]
 
                  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. 280.208  Default.

    (a) General. Failure of the respondent to file an answer within the 
time provided constitutes a waiver of the respondent's right to appear 
and contest the allegations in the charging letter. In such event, the 
administrative law judge, on the Department's motion and without further 
notice to the respondent, shall find the facts to be as alleged in the 
charging letter and render an initial decision containing findings of 
fact and appropriate conclusions of law and issue an initial decision 
and order imposing appropriate sanctions. The decision and order may be 
appealed to the Under Secretary in accordance with the applicable 
procedures set forth in Sec. 280.222 of this part.
    (b) Petition to set aside default--(1) Procedure. Upon petition 
filed by a respondent against whom a default order

[[Page 400]]

has been issued, which petition is accompanied by an answer meeting the 
requirements of 280.207(b) of this part, the Under Secretary may, after 
giving all parties an opportunity to comment, and for good cause shown, 
set aside the default and vacate the order entered thereon and remand 
the matter to the administrative law judge for further proceedings.
    (2) Time limits. A petition under this section must be made within 
one year of the date of entry of the order which the petition seeks to 
have vacated.

[61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 
39803, June 28, 2000]