View all text of Part 355 [§ 355.1 - § 355.47]

§ 355.9 - Requesting a hearing.

(a) The respondent may request a hearing by filing the request with the reviewing official within 30 days of service of the complaint.

(b) In the request, the respondent—

(1) Shall admit or deny each of the allegations of liability made in the complaint;

(2) Shall state any defense on which the respondent intends to rely;

(3) May state any reasons why the respondent contends that the penalties and assessments should be less than the statutory maximum; and

(4) Shall state the name, address, and telephone number of any person authorized by the respondent to act as the respondent's representative.

(c) Any other response or document filed with the reviewing official within 30 days of the service of the complaint which does not meet the criteria in paragraph (b) of this section may still be deemed to be a request for hearing, if the reviewing official determines the document demonstrates a clear intent to request a hearing.