[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.18]

[Page 265-266]
 
                        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.

    (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 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

[[Page 266]]

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.

[70 FR 28482, May 18, 2005]