[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: 31CFR501.716]



[Page 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. 501.716  Default.



    (a) A party to a proceeding may be deemed to be in default and the 

Administrative Law Judge (or the Secretary's designee during review 

proceedings) may determine the proceeding against that party upon 

consideration of the record if that party fails:

    (1) To appear, in person or through a representative, at any hearing 

or conference of which the party has been notified;

    (2) To answer, to respond to a dispositive motion within the time 

provided, or otherwise to prosecute or defend the proceeding; or

    (3) To cure a deficient filing within the time specified by the 

Administrative Law Judge (or the Secretary's designee) pursuant to Sec. 

501.729(b).

    (b) In deciding whether to determine the proceedings against a party 

deemed to be in default, the Administrative Law Judge shall consider the 

record of the proceedings (including the Order Instituting Proceedings) 

and shall construe contested matters of fact and law against the party 

deemed to be in default.

    (c) For information and procedures pertaining to a motion to set 

aside a default, see Sec. 501.726(e).