[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: 31CFR501.714]



[Page 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. 501.714  Answer to Order Instituting Proceedings.



    (a) When required. Not later than 45 days after service of the Order 

Instituting Proceedings, the respondent shall file, with the 

Administrative Law Judge and the Office of Chief Counsel, an answer to 

each of the allegations contained therein. If the Order Instituting 

Proceedings is amended, the Administrative Law Judge may require that an 

amended answer be filed and, if such an answer is required, shall 

specify a date for the filing thereof.

    (b) Contents; effect of failure to deny. Unless otherwise directed 

by the Administrative Law Judge, an answer shall specifically admit, 

deny, or state that the respondent does not have, and is unable to 

obtain, sufficient information to admit or deny each allegation in the 

Order Instituting Proceedings. When a respondent intends to deny only a 

part of an allegation, the respondent shall specify so much of it as is 

true and shall deny only the remainder. A statement of lack of 

information shall have the effect of a denial. A defense of res 

judicata, statute of limitations or any other matter constituting an 

affirmative defense shall be asserted in the answer. Any allegation not 

specifically addressed in the answer shall be deemed admitted.

    (c) Motion for more definite statement. A respondent may file with 

an answer a motion for a more definite statement of specified matters of 

fact or law to be considered or determined. Such motion shall state the 

respects in which, and the reasons why, each such matter of fact or law 

should be required to be made more definite. If the motion is granted, 

the order granting such motion shall set the periods for filing such a 

statement and any answer thereto.

    (d) Amendments. A respondent may amend its answer at any time by 

written consent of the Director or with permission of the Administrative 

Law Judge. Permission shall be freely granted when justice so requires.

    (e) Failure to file answer: default. If a respondent fails to file 

an answer required by this subpart within the time prescribed, such 

respondent may be deemed in default pursuant to Sec. 501.716(a). A 

party may make a motion to set aside a default pursuant to Sec. 

501.726(e).