Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 14 - Aeronautics and Space |
Chapter II - Office of the Secretary, Department of Transportation (Aviation Proceedings) |
SubChapter B - Procedural Regulations |
Part 302 - Rules of Practice in Proceedings |
Subpart D - Rules Applicable to Enforcement Proceedings |
§ 302.409 - Default.
Latest version.
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§ 302.409 Default.
Failure of a respondent to file and serve an answer within the time and in the manner prescribed by § 302.408 shall be deemed to authorize the DOT decisionmaker or administrative law judge, as a matter of discretion, to find the facts alleged in the complaint incorporated in or accompanying the notice instituting a formal enforcement proceeding to be true and to enter such orders as may be appropriate without notice or hearing, or, as a matter of discretion, to proceed to take proof, without notice, of the allegations or charges set forth in the complaint or order; Provided, that the DOT decisionmaker or administrative law judge may permit late filing of an answer for good cause shown.