[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.14]

[Page 1034]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
            Subpart B_Commencement of Proceedings, Pleadings
 
Sec. 386.14  Replies and request for hearing: Civil forfeiture proceedings.

    (a) Time for reply. The respondent must reply within 15 days after a 
Claim Letter is served, or 30 days after a Notice of Investigation is 
received.
    (b) Contents of reply. The reply must contain the following:
    (1) An admission or denial of each allegation of the claim or notice 
and a concise statement of facts constituting each defense;
    (2) If the respondent contests the claim or notice, a request for an 
oral hearing or notice of intent to submit evidence without an oral 
hearing must be contained in the reply. A request for a hearing must 
list all material facts believed to be in dispute. Failure to request a 
hearing within 15 days after the Claim Letter is served, or 30 days in 
the case of a Notice of Investigation, shall constitute a waiver of any 
right to a hearing;
    (3) A statement of whether the respondent wishes to negotiate the 
terms of payment or settlement of the amount claimed, or the terms and 
conditions of the order; and
    (4) Certification that the reply has been served in accordance with 
Sec. 386.31.
    (c) Submission of evidence. If a notice of intent to submit evidence 
without oral hearing is filed, or if no hearing is requested under 
paragraph (b)(2) of this section, and the respondent contests the claim 
or the contents of the notice, all evidence must be served in written 
form no later than the 40th day following service of the Claim Letter or 
Notice of Investigation. Evidence must be served in the form specified 
in Sec. 386.49.
    (d) Complainant's request for a hearing. If the respondent files a 
notice of intent to submit evidence without formal hearing, the 
complainant may, within 15 days after that reply is filed, submit a 
request for a formal hearing. The request must include a listing of all 
factual issues believed to be in dispute.
    (e) Failure to reply or request a hearing. If the respondent does 
not reply to a Claim Letter within the time prescribed in this section, 
the Claim Letter becomes the final agency order in the proceeding 25 
days after it is served. When no reply to the Notice of Investigation is 
received, the Assistant Administrator may, on motion of any party, issue 
a final order in the proceeding.
    (f) Non-compliance with final order. Failure to pay the civil 
penalty as directed in a final order constitutes a violation of that 
order subjecting the respondent to an additional penalty as prescribed 
in subpart G of this part.

[50 FR 40306, Oct. 2, 1985, as amended at 56 FR 10183, Mar. 11, 1991]