[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR501.711]



[Page 60]

 

                  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.