§FMCSR.com
Historical textIn force on Oct. 1, 2006Source: annual CFR edition 2006

§ 386.14 Reply.

Wording in the annual edition revised as of Oct. 1, 2006, superseded by the 2007 annual edition.

govinfo, 2006 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2006 edition's wording. An amendment that took effect between Oct. 1, 2006 and Oct. 1, 2006 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 2005 wording → Oct. 1, 2006 wording+505 added−418 removedHide

Link(a) toTime anfor amendmentreply publishedto atthe 70Notice FRof 28478,Claim. MayRespondent 18,must 2005.
(serve a) Timereply forto reply.the TheNotice respondentof mustClaim replyin writing within 1530 days afterfollowing aservice of the Notice of Claim. LetterThe reply is to be served, orin 30accordance dayswith after§ 386.6 aupon Noticethe ofService InvestigationCenter isindicated receivedin the Notice of Claim.
(b) ContentsOptions offor reply. The replyrespondent must containreply to the Notice of Claim within the time allotted by choosing one of the following:
(1) AnPaying admissionthe orfull denialamount ofasserted eachin allegation of the claimNotice orof noticeClaim andin aaccordance concisewith statement§ 386.18 of factsthis constituting each defensepart;
(2) IfContesting the respondentclaim contestsby therequesting claimadministrative oradjudication notice,pursuant ato requestparagraph for(d) anof oralthis hearingsection; or
(3) noticeSeeking ofbinding intentarbitration toin submitaccordance evidencewith withoutthe anAgency's oralprogram. hearingAlthough mustthe beamount containedof in the reply.proposed Apenalty requestmay forbe adisputed, hearingreferral mustto listbinding allarbitration materialis factscontingent believedupon toan beadmission inof disputeliability that the violations occurred.
(c) Failure to requestanswer athe hearingNotice withinof 15Claim. days(1) afterRespondent's failure to answer the Notice of Claim Letterin isaccordance served,with orparagraph 30(a) daysmay result in the caseissuance of a Notice of Investigation,Default shalland constituteFinal aAgency waiverOrder by the Field Administrator. The Notice of anyDefault rightand Final Agency Order will declare respondent to abe hearing;
(3)in Adefault statementand offurther whetherdeclare the respondentNotice wishesof toClaim, negotiateincluding the termscivil ofpenalty paymentproposed orin settlementthe Notice of Claim, to be the amountFinal claimed,Agency orOrder in the termsproceeding. andThe conditionsFinal Agency Order will be effective five days following service of the order;Notice of Default and Final Agency Order.
(42) CertificationThe thatdefault theconstitutes replyan hasadmission beenof servedall infacts accordancealleged within §the 386.31.
(c)Notice Submission of evidence.Claim Ifand a noticewaiver of intentrespondent's opportunity to submitcontest evidencethe withoutclaim. oralThe hearingdefault iswill filed,be orreviewed ifby nothe hearingAssistant isAdministrator requestedin underaccordance paragraphwith § 386.64(b)(2) of this section, and the respondentFinal contestsAgency theOrder claimmay orbe thevacated contentswhere ofa therespondent noticedemonstrates excusable neglect, alla evidencemeritorious mustdefense, beor serveddue diligence in writtenseeking formrelief.
(3) noFailure laterto thanpay the 40thcivil daypenalty followingas servicedirected ofin thea ClaimFinal LetterAgency orOrder Noticeconstitutes a violation of Investigation.that Evidenceorder, mustsubjecting bethe servedrespondent into thean formadditional specifiedpenalty as prescribed in §Subpart 386G of this part.49.
(d) Complainant'sRequest request for aadministrative hearingadjudication. IfThe respondent may contest the respondentclaim filesand arequest noticeadministrative ofadjudication intentpursuant to submitparagraph evidence(b)(2) withoutof formalthis hearing,section. theAn complainantadministrative may,adjudication withinis 15a daysprocess afterto thatresolve replycontested isclaims filed,before submitthe aAssistant requestAdministrator, forAdministrative aLaw formalJudge, hearing.or TheHearing requestOfficer. mustOnce includean aadministrative listingadjudication ofoption allis factualelected, issuesit believedis tobinding beon inthe disputerespondent.
(e1) FailureContents. In addition to replythe orgeneral requestrequirements aof hearing.this Ifsection, the respondentreply doesmust notbe replyin towriting aand Claimstate Letterthe withingrounds thefor timecontesting prescribedthe inclaim thisand section,must theraise Claimany Letteraffirmative becomesdefenses the finalrespondent agencyintends orderto inassert. Specifically, the proceedingreply:
(i) 25Must daysadmit afteror itdeny iseach served.separately Whenstated noand replynumbered toallegation theof Noticeviolation ofin Investigationthe isclaim. received,A statement that the Assistantperson Administratoris may,without onsufficient motionknowledge ofor anyinformation party,to issueadmit aor finaldeny orderwill inhave the proceeding.
(f)effect Non-complianceof witha final orderdenial. FailureAny toallegation payin the civilclaim penaltynot asspecifically directeddenied in athe finalreply orderis constitutesdeemed aadmitted. violationA ofmere thatgeneral orderdenial subjectingof the respondentclaim tois aninsufficient additionaland penaltymay asresult prescribed in subparta Gdefault ofbeing thisentered partby the Agency decisionmaker upon motion by the Field Administrator.
[50(ii) FRMust 40306,include Oct.all 2,known 1985affirmative defenses, asincluding amendedthose atrelating 56to FR 10183jurisdiction, Mar. 11limitations, 1991]and procedure.
Effective(iii) DateMust Note:
Atstate 70which FRone 28481,of Maythe 18,following 2005,options §respondent 386.14seeks:
(A) wasTo revised,submit effectivewritten Novemberevidence 14,without 2005.hearing; Foror
(B) theAn convenienceinformal ofhearing; theor
(C) user,A theformal revisedhearing.
(2) text[Reserved]
[70 isFR set28481, forthMay as18, follows:2005

49 CFR § 386.14 — Reply.. Text in force on October 1, 2006. This wording effective October 1, 2006 to October 1, 2007. Source: govinfo, 2006 edition, https://www.govinfo.gov/app/details/CFR-2006-title49-vol5/CFR-2006-title49-vol5-sec386-14. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.14?asof=2006-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Time for reply to the Notice of Claim. Respondent must serve a reply to the Notice of Claim in writing within 30 days following service of the Notice of Claim. The reply is to be served in accordance with § 386.6 upon the Service Center indicated in the Notice of Claim.

(b) Options for reply. The respondent must reply to the Notice of Claim within the time allotted by choosing one of the following:

(1) Paying the full amount asserted in the Notice of Claim in accordance with § 386.18 of this part;

(2) Contesting the claim by requesting administrative adjudication pursuant to paragraph (d) of this section; or

(3) Seeking binding arbitration in accordance with the Agency's program. Although the amount of the proposed penalty may be disputed, referral to binding arbitration is contingent upon an admission of liability that the violations occurred.

(c) Failure to answer the Notice of Claim. (1) Respondent's failure to answer the Notice of Claim in accordance with paragraph (a) may result in the issuance of a Notice of Default and Final Agency Order by the Field Administrator. The Notice of Default and Final Agency Order will declare respondent to be in default and further declare the Notice of Claim, including the civil penalty proposed in the Notice of Claim, to be the Final Agency Order in the proceeding. The Final Agency Order will be effective five days following service of the Notice of Default and Final Agency Order.

(2) The default constitutes an admission of all facts alleged in the Notice of Claim and a waiver of respondent's opportunity to contest the claim. The default will be reviewed by the Assistant Administrator in accordance with § 386.64(b), and the Final Agency Order may be vacated where a respondent demonstrates excusable neglect, a meritorious defense, or due diligence in seeking relief.

(3) Failure to pay the civil penalty as directed in a Final Agency Order constitutes a violation of that order, subjecting the respondent to an additional penalty as prescribed in Subpart G of this part.

(d) Request for administrative adjudication. The respondent may contest the claim and request administrative adjudication pursuant to paragraph (b)(2) of this section. An administrative adjudication is a process to resolve contested claims before the Assistant Administrator, Administrative Law Judge, or Hearing Officer. Once an administrative adjudication option is elected, it is binding on the respondent.

(1) Contents. In addition to the general requirements of this section, the reply must be in writing and state the grounds for contesting the claim and must raise any affirmative defenses the respondent intends to assert. Specifically, the reply:

(i) Must admit or deny each separately stated and numbered allegation of violation in the claim. A statement that the person is without sufficient knowledge or information to admit or deny will have the effect of a denial. Any allegation in the claim not specifically denied in the reply is deemed admitted. A mere general denial of the claim is insufficient and may result in a default being entered by the Agency decisionmaker upon motion by the Field Administrator.

(ii) Must include all known affirmative defenses, including those relating to jurisdiction, limitations, and procedure.

(iii) Must state which one of the following options respondent seeks:

(A) To submit written evidence without hearing; or

(B) An informal hearing; or

(C) A formal hearing.

(2) [Reserved]

[70 FR 28481, May 18, 2005

Amendment history

7 distinct wordings on file since Oct. 1, 1996
  1. Nov. 17, 2023 → presenteCFR, day-precisediff vs. previous
    [70 FR 28481, May 18, 2005, as amended at 88 FR 80182, Nov. 17, 2023]
  2. Oct. 1, 2007 → Nov. 17, 2023annual editions 2007–2016diff vs. previous
    [70 FR 28481, May 18, 2005]
  3. Oct. 1, 2006 → Oct. 1, 2007annual edition 2006diff vs. previousviewing
    [70 FR 28481, May 18, 2005
  4. Oct. 1, 2005 → Oct. 1, 2006annual edition 2005diff vs. previous
    [50 FR 40306, Oct. 2, 1985, as amended at 56 FR 10183, Mar. 11, 1991]
  5. Oct. 1, 2000 → Oct. 1, 2005annual editions 2000–2004diff vs. previous
    [50 FR 40306, Oct. 2, 1985, as amended at 56 FR 10183, Mar. 11, 1991]
  6. Oct. 1, 1999 → Oct. 1, 2000annual edition 1999diff vs. previous
    [50 FR 40306, Oct. 2, 1985, as amended at 56 FR 10183, Mar. 11, 1991]
  7. Oct. 1, 1996 → Oct. 1, 1999annual editions 1996–1998
    [50 FR 40306, Oct. 2, 1985, as amended at 56 FR 10183, Mar. 11, 1991]

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.