[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR820.33]

[Page 501]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents
 
                      Subpart B_Enforcement Process
 
Sec. 820.33  Default order.

    (a) Default. The Presiding Officer, upon motion by a party or the 
filing of a Notice of Intent to issue a Default Order sua sponte, may 
find a party to be in default if the party fails to comply with the 
provisions of this part or an order of the Presiding Officer. The 
alleged defaulting party shall have ten days to answer the motion or the 
Notice of Intent. No finding of default shall be made against the 
respondent unless the Director presents sufficient evidence to the 
Presiding Officer to establish a prima facie case against the 
respondent. Default by respondent constitutes, for purposes of the 
pending action only, an admission of all facts alleged in the Final 
Notice of Violation and a waiver of respondent's rights to an on-the-
record adjudication of such factual allegations. Default by the Director 
shall result in an order to dismiss the Final Notice of Violation with 
prejudice.
    (b) Effect of default order. When the Presiding Officer finds a 
default has occurred, he shall file a Default Order against the 
defaulting party. This order shall constitute an Initial Decision.
    (c) Contents of a default order. A Default Order shall include 
findings of fact showing the grounds for the order, conclusions 
regarding all material issues of fact, law or discretion, and the 
remedy.