[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: 31CFR501.715]

[Page 575-576]
 
                  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. 501.715  Notice of Hearing.

    (a) If the Director issues an Order Instituting Proceedings, the 
respondent shall receive not less than 45 days notice of the time and 
place of the hearing.
    (b) Time and place of hearing. All hearings shall be held in the 
Washington, DC metropolitan area unless, based on extraordinary reasons, 
otherwise mutually agreed by the respondent and the Director. The time 
for any hearing shall be fixed with due regard for the public interest 
and the convenience and necessity of the parties or their 
representatives. Requests to change the time of a hearing may be 
submitted to the Administrative Law Judge, who may modify the hearing 
date(s) and/or time(s) and place. All requests for a change in the date 
and time and/or place of a hearing must be received by the 
Administrative Law Judge and served upon the parties no later than 15 
days before the scheduled hearing date.

[[Page 576]]

    (c) Failure to appear at hearings: default. Any respondent named in 
an order instituting proceedings as a person against whom findings may 
be made or penalties imposed who fails to appear (in person or through a 
representative) at a hearing of which he or she has been duly notified 
may be deemed to be in default pursuant to Sec. 501.716(a). Without 
further proceedings or notice to the respondent, the Administrative Law 
Judge may enter a finding that the right to a hearing was waived, and 
the Penalty Notice shall constitute final agency action as provided in 
Sec. 501.709(a)(2). A respondent may make a motion to set aside a 
default pursuant to Sec. 501.726(e).