[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: 31CFR501.713]



[Page 60-61]

 

                  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. 501.713  Order Instituting Proceedings.



    If a respondent makes a timely request for a hearing, the Director 

shall determine, at his or her option, whether to dismiss the 

violation(s) set forth in the Penalty Notice or to issue an Order 

Instituting Proceedings to initiate the hearing process. The Order shall 

be served on the respondent(s) as provided in Sec. 501.705(c)(1). The 

Director may, in his or her discretion, withdraw an Order Instituting 

Proceedings at any time prior to the issuance of a decision by the 

Administrative Law Judge.

    (a) Content of Order. The Order Instituting Proceedings shall:



[[Page 61]]



    (1) Be prepared by the Office of the Chief Counsel or other counsel 

assigned by the General Counsel and based on information provided by the 

Director;

    (2) State the legal authority under which the hearing is to be held;

    (3) Contain a short and plain statement of the alleged violation(s) 

to be considered and determined (including the matters of fact and law 

asserted) in such detail as will permit a specific response thereto;

    (4) State the amount of the penalty sought in the proceeding; and

    (5) Be signed by the Director.

    (b) Combining penalty actions. The Director may combine claims 

contained in two or more Penalty Notices involving the same respondent, 

and for which hearings have been requested, into a single Order 

Instituting Proceedings.

    (c) Amendment to Order Instituting Proceedings. Upon motion by the 

Director, the Administrative Law Judge may, at any time prior to 

issuance of a decision, permit the Director to amend an Order 

Instituting Proceedings to include new matters of fact or law that are 

within the scope of the original Order Instituting Proceedings.