702.904 Decision on penalty after timely response; request for hearing.
(a) If the respondent files a timely response to the notice described in §702.903, the district director will review the facts and any argument presented and issue a decision on the penalty. The decision mustâ€”
(1) Include a statement of the reasons for the assessment and the amount of the penalty;
(2) Set forth the respondent's right to request a hearing on the district director's decision and the method for doing so; and
(3) Set forth the consequences of failing to timely respond to the decision as set forth in paragraph (d) of this section.
(b) The respondent has 15 days from receipt of the decision to request a hearing before an Administrative Law Judge by filing a request for hearing with the district director. The request mustâ€”
(1) Be dated;
(2) Be typewritten or legibly written;
(3) State the specific determinations in the district director's decision with which the respondent disagrees;
(4) Be signed by the respondent making the request or by the respondent's authorized representative;
(5) State both the physical mailing address and electronic mailing address for the respondent and the authorized representative for receipt of further communications.
(c) A timely hearing request will operate to stay collection of the penalty until final resolution of the penalty is reached by the Administrative Law Judge or the Secretary, as appropriate.
(d) If the respondent does not request a hearing within 15 days of receipt of the notice, the assessment and amount of the penalty set forth in the district director's decision will be deemed final, and collection and recovery of the penalty may be instituted under §702.912.
85 FR 80611, Dec. 14, 2020