[Code of Federal Regulations]
[Title 31, Volume 2]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 31CFR501.711]

[Page 574]
 
                  TITLE 31--MONEY AND FINANCE: TREASURY
 
 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY
 
PART 501_REPORTING, PROCEDURES AND PENALTIES REGULATIONS--Table of Contents
 
          Subpart D_Trading With the Enemy Act (TWEA) Penalties
 
Sec. 501.711  Hearing request.

    (a) Deadline for request. A request for an agency hearing shall be 
served on the Director not later than 30 days after the date of service 
of the Penalty Notice. See Sec. 501.705(b). A respondent may not 
reserve the right to request a hearing after expiration of the 30 
calendar day period. A request for a hearing that is not made as 
required by this paragraph shall constitute a waiver of the respondent's 
right to a hearing.
    (b) Form and contents of request. The request need not be in any 
particular form, but must be typewritten and contain the heading 
``Request for Agency Hearing''. The request must include the Office of 
Foreign Assets Control identification number shown near the top of the 
Penalty Notice. It should be responsive to the determination contained 
in the Penalty Notice and set forth the nature of the respondent's 
defenses or claims for mitigation, if any.
    (1) The request must admit or deny specifically each separate 
determination of violation made in the Penalty Notice. If the respondent 
is without knowledge as to a determination, the request shall so state, 
and such statement shall constitute a denial. Any determination not 
specifically addressed in the response shall be deemed admitted.
    (2) The request must set forth any additional or new matter or 
arguments the respondent seeks, or shall seek, to use in support of all 
defenses or claims for mitigation. Any defense the respondent wishes to 
assert must be included in the request.
    (3) The request must accurately state, for each respondent (if 
applicable), the respondent's full name and address for future service, 
together with current telephone and, if applicable, a facsimile machine 
number. If respondent is represented, the representative's full name and 
address, together with telephone and facsimile numbers, may be provided 
in lieu of service information for the respondent. The respondent or 
respondent's representative is responsible for providing timely written 
notice to the Director of any subsequent changes in the information 
provided.
    (c) Signature requirement. The respondent or, if represented, the 
respondent's representative, must sign the hearing request.