§ 386.16 Action on replies to the Notice of Claim.

Link(a) Requests to ansubmit amendmentwritten publishedevidence atwithout 70a FRhearing. 28481,Where Mayrespondent 18,has 2005elected to submit written evidence in accordance with § 386.14(d)(1)(iii)(A):
(a1) RepliesAgency notCounsel requestingmust anserve oralall hearing.written Ifevidence and argument in support of the Notice of Claim no later than 60 days following service of respondent's reply. submittedThe doeswritten evidence and argument must be served on the Agency Decisionmaker in accordance with §§ 386.6 and 386.7. The submission must include all pleadings, notices, and other filings in the case to date.
(2) Respondent will, not requestlater anthan oral45 hearingdays following service of Agency Counsel's written evidence and argument, serve its written evidence and argument on the AssistantAgency AdministratorDecisionmaker in accordance with §§ 386.6 and 386.7.
(3) Agency Counsel may issuefile a finalwritten decisionresponse to respondent's submission. Any such submission must be filed within 20 days of service of respondent's submission.
(4) All written evidence submitted by the parties must conform to the requirements of § 386.49.
(5) Following submission of evidence and orderargument as outlined in this section, the Agency Decisionmaker may issue a Final Order based on the evidence and arguments submitted, or may issue any other order as may be necessary to adjudicate the matter.
(b) RequestRequests for oral hearing. (1) If a request for ana oralformal or informal hearing has been filed, the AssistantAgency AdministratorDecisionmaker shallwill determine whether there areexists anya dispute of a material factualfact issuesat issue in disputethe matter. If there areso, he/shethe shallmatter callwill thebe matterset for a hearing in accordance with respondent's reply. If it is determined that there aredoes none,not he/sheexist shalla dispute of a material fact at issue anin orderthe tomatter, thatthe effectAgency andDecisionmaker setmay issue a timedecision forbased on the written record, or may request the submission of further evidence or argument.
(2) byIf a respondent requests a formal or informal hearing in its reply, the parties.Field UponAdministrator must serve upon the submissionAgency Decisionmaker and respondent a notice of argumentconsent he/sheor shallobjection decidewith a basis to the caserequest within 60 days of service of respondent's reply. Failure to serve an objection within the time allotted may result in referral of the matter to hearing.
(c3) SettlementRequests offor civilformal forfeitureshearing. (1)Following Whenthe negotiationsfiling produceof an agreementobjection aswith basis, the Field Administrator must serve a motion for Final Order pursuant to § 386.36 unless otherwise ordered by the amountAgency orDecisionmaker. termsThe ofmotion paymentmust ofset aforth civilthe penaltyreasons orwhy the termsField andAdministrator conditionsis ofentitled anto order,judgment as a settlementmatter agreementof shalllaw. beRespondent drawnmust, andwithin signed45 bydays of service of the respondentmotion for Final Order, submit and serve a response to the AssistantField Administrator's motion. SuchAfter settlementreviewing agreementthe mustrecord, containthe Agency Decisionmaker will either set the following:matter for hearing by referral to the Office of Hearings or issue a Final Order based upon the submissions.
(4) Requests for informal hearing. (i) TheIf statutorythe Field Administrator objects with basis to a request for an informal hearing, he/she must serve the objection, a copy of the claim;
(ii)Notice Aof briefClaim, statementand a copy of therespondent's violations;
(iii)reply, Theon amountthe claimedrespondent and theAgency amountDecisionmaker, paid;
pursuant to paragraph (ivb)(2) Theof datethis section. Based upon the Notice of Claim, timethe reply, and placethe andobjection formwith ofbasis, payment;the Agency Decisionmaker will issue an order granting or denying the request for informal hearing.
(vA) AInformal statementhearing thatgranted. If the agreementrequest for informal hearing is notgranted bindingby onthe Agency Decisionmaker, a Hearing Officer will be assigned to hear the agencymatter untiland executedwill byset forth the Assistantdate, Administrator;time and
(vi) Alocation statementfor thathearing. failureNo further motions will be entertained, and no discovery will be allowed. At hearing, all parties may present evidence, written and oral, to paythe inHearing accordanceOfficer, withfollowing which the termsHearing ofOfficer will issue a report to the agreementAgency whichDecisionmaker hascontaining beenfindings adoptedof asfact and recommending a Finaldisposition Orderof the matter. The report will resultserve inas the losssole record of anythe reductionsproceedings. inThe penaltiesAgency forDecisionmaker claimsmay foundissue toa beFinal valid,Order andadopting the originalreport, amountor claimedissue willother besuch dueorders immediatelyas he/she may deem appropriate.
(2) AnyBy settlementparticipating agreementin mayan containinformal hearing, respondent waives its right to a consentformal orderhearing.
(3B) AnInformal executedhearing settlementdenied. agreementIf isthe bindingrequest onfor theinformal respondenthearing andis denied, the claimantField accordingAdministrator must serve a motion for Final Order pursuant to its§ terms386.36, Theunless respondent'sotherwise consentdirected toby athe settlementAgency agreementDecisionmaker. thatThe hasmotion notmust beenset executedforth bythe reasons why the AssistantField Administrator mayis notentitled beto withdrawnjudgment foras a periodmatter of 30law. daysRespondent aftermust, itwithin is45 executeddays byof service of the respondent.
[50motion FRfor 40306Final Order, Oct.submit 2,and 1985,serve asa amendedresponse atto 56the FRField 10183,Administrator's Marmotion. 11After reviewing the record, 1991]
Effectivethe DateAgency Note:
AtDecisionmaker 70will FRset 28481,the Maymatter 18,for 2005,formal §hearing 386.16by wasreferral revised,to effectivethe NovemberOffice 14of Hearings, 2005.or Forwill issue a Final Order based upon the conveniencesubmissions.
(C) ofNothing in this section shall limit the userAgency Decisionmaker's authority to refer any matter for formal hearing, theeven revisedin textinstances iswhere setrespondent forthseeks only an informal hearing.
[70 FR 28481, May 18, 2005, as follows:amended at 88 FR 80182, Nov. 17, 2023]