[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR766.7]

[Page 526]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 766--ADMINISTRATIVE ENFORCEMENT PROCEEDINGS--Table of Contents
 
Sec. 766.7  Default.

    (a) General. Failure of the respondent to file an answer within the 
time provided constitutes a waiver of the respondent's right to appear 
and contest the allegations in the charging letter. In such event, the 
administrative law judge, on BIS's motion and without further notice to 
the respondent, shall find the facts to be as alleged in the charging 
letter and render an initial or recommended decision containing findings 
of fact and appropriate conclusions of law and issue or recommend an 
order imposing appropriate sanctions. The decision and order shall be 
subject to review by the Under Secretary in accordance with the 
applicable procedures set forth in Sec. 766.21 or Sec. 766.22 of this 
part.
    (b) Petition to set aside default--(1) Procedure. Upon petition 
filed by a respondent against whom a default order has been issued, 
which petition is accompanied by an answer meeting the requirements of 
Sec. 766.6(b) of this part, the Under Secretary may, after giving all 
parties an opportunity to comment, and for good cause shown, set aside 
the default and vacate the order entered thereon and remand the matter 
to the administrative law judge for further proceedings.
    (2) Time limits. A petition under this section must be made within 
one year of the date of entry of the order which the petition seeks to 
have vacated.