[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: 31CFR501.715]



[Page 61-62]

 

                  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. 501.715  Notice of Hearing.



    (a) If the Director issues an Order Instituting Proceedings, the 

respondent shall receive not less than 45 days notice of the time and 

place of the hearing.

    (b) Time and place of hearing. All hearings shall be held in the 

Washington, DC metropolitan area unless, based on extraordinary reasons, 

otherwise mutually agreed by the respondent and the Director. The time 

for any hearing shall be fixed with due regard for the public interest 

and the convenience and necessity of the parties or their 

representatives. Requests to change the time of a hearing may be 

submitted to the Administrative Law Judge, who may modify the hearing 

date(s) and/or time(s) and place. All requests for a change in the date 

and time and/or place of a hearing must be received by the 

Administrative Law Judge and served upon the parties no later than 15 

days before the scheduled hearing date.



[[Page 62]]



    (c) Failure to appear at hearings: default. Any respondent named in 

an order instituting proceedings as a person against whom findings may 

be made or penalties imposed who fails to appear (in person or through a 

representative) at a hearing of which he or she has been duly notified 

may be deemed to be in default pursuant to Sec. 501.716(a). Without 

further proceedings or notice to the respondent, the Administrative Law 

Judge may enter a finding that the right to a hearing was waived, and 

the Penalty Notice shall constitute final agency action as provided in 

Sec. 501.709(a)(2). A respondent may make a motion to set aside a 

default pursuant to Sec. 501.726(e).