[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

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

[CITE: 49CFR386.18]



[Page 257-258]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 

AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents

 

            Subpart B_Commencement of Proceedings, Pleadings

 

Sec. 386.18  Payment of the claim.



    Effective Date Note: At 70 FR 28482, May 18, 2005, Sec. 368.18 was 

added, effective November 14, 2005.

    (a) Payment of the full amount claimed may be made at any time 

before issuance of a Final Agency Order. After the issuance of a Final 

Agency Order, claims are subject to interest, penalties, and 

administrative charges in accordance with 31 U.S.C. 3717; 49 CFR part 

89; and 31 CFR 901.9.

    (b) If respondent elects to pay the full amount as its response to 

the Notice of Claim, payment must be served upon the Field Administrator 

at the Service Center designated in the Notice of Claim within 30 days 

following service of the Notice of Claim. No written reply is necessary 

if respondent elects the payment option during the 30-day reply period. 

Failure to serve full payment within 30 days of service of the Notice of 

Claim when this option has been chosen may constitute a default and may 

result in the Notice of



[[Page 258]]



Claim, including the civil penalty assessed by the Notice of Claim, 

becoming the Final Agency Order in the proceeding pursuant to Sec. 

386.14(c).

    (c) Unless objected to in writing, submitted at the time of payment, 

payment of the full amount in response to the Notice of Claim 

constitutes an admission by the respondent of all facts alleged in the 

Notice of Claim. Payment waives respondent's opportunity to further 

contest the claim, and will result in the Notice of Claim becoming the 

Final Agency Order.