[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR280.204]

[Page 387-388]
 
                  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

[[Page 388]]

(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 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]