[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR22.17]

[Page 249-250]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
                     Subpart C_Prehearing Procedures
 
Sec. 22.17  Default.

    (a) Default. A party may be found to be in default: after motion, 
upon failure to file a timely answer to the complaint; upon failure to 
comply with the information exchange requirements of Sec. 22.19(a) or 
an order of the Presiding Officer; or upon failure to appear at a

[[Page 250]]

conference or hearing. Default by respondent constitutes, for purposes 
of the pending proceeding only, an admission of all facts alleged in the 
complaint and a waiver of respondent's right to contest such factual 
allegations. Default by complainant constitutes a waiver of 
complainant's right to proceed on the merits of the action, and shall 
result in the dismissal of the complaint with prejudice.
    (b) Motion for default. A motion for default may seek resolution of 
all or part of the proceeding. Where the motion requests the assessment 
of a penalty or the imposition of other relief against a defaulting 
party, the movant must specify the penalty or other relief sought and 
state the legal and factual grounds for the relief requested.
    (c) Default order. When the Presiding Officer finds that default has 
occurred, he shall issue a default order against the defaulting party as 
to any or all parts of the proceeding unless the record shows good cause 
why a default order should not be issued. If the order resolves all 
outstanding issues and claims in the proceeding, it shall constitute the 
initial decision under these Consolidated Rules of Practice. The relief 
proposed in the complaint or the motion for default shall be ordered 
unless the requested relief is clearly inconsistent with the record of 
the proceeding or the Act. For good cause shown, the Presiding Officer 
may set aside a default order.
    (d) Payment of penalty; effective date of compliance or corrective 
action orders, and Permit Actions. Any penalty assessed in the default 
order shall become due and payable by respondent without further 
proceedings 30 days after the default order becomes final under Sec. 
22.27(c). Any default order requiring compliance or corrective action 
shall be effective and enforceable without further proceedings on the 
date the default order becomes final under Sec. 22.27(c). Any Permit 
Action ordered in the default order shall become effective without 
further proceedings on the date that the default order becomes final 
under Sec. 22.27(c).