[Code of Federal Regulations]

[Title 31, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR27.6]



[Page 279-280]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

PART 27_CIVIL PENALTY ASSESSMENT FOR MISUSE OF DEPARTMENT OF THE TREASURY 

NAMES, SYMBOLS, ETC.--Table of Contents

 

Sec. 27.6  Written response.



    (a)(1) A person served with an Initial Notice of Assessment may make 

a written response explaining why the civil penalty should not be 

imposed, explaining why a civil monetary penalty should be in a lesser 

amount than proposed and/or explaining why the terms of a proposed civil 

or equitable remedy should be modified. The written response must 

provide:

    (i) A reference to and specifically identify the Initial Notice of 

Assessment involved;

    (ii) The full name of the person charged;

    (iii) If not a natural person, the name and title of the head of the 

organization charged; and

    (iv) If a representative of the person charged is filing the written 

response, a copy of the duly executed designation as representative.

    (2) The written response must admit or deny each violation of Sec. 

27.3 charged



[[Page 280]]



in the Initial Notice of Assessment. Any charge not specifically denied 

will be presumed to be admitted. Where a charge is denied, the 

respondent shall specifically set forth the legal or factual basis upon 

which the charge is denied. If the basis of the written response is that 

the person charged is not the person responsible for the misuse(s) 

charged, the written response must set forth sufficient information to 

allow the agency to determine the truth of such an assertion. The 

written response should include any and all documents and/or other 

information that the respondent believes should be a part of the 

administrative record on the matter.

    (b) Time. (1) Except as provided in paragraph (b)(2) of this 

section, any written response made under this paragraph must be received 

not later than 30 days after the date of the Initial Notice of 

Assessment.

    (2) If a request for documents or other evidence is made pursuant to 

Sec. 27.5(d)(4), the written response must be received not later than 

20 days after the date of the Department's response to the request.

    (3)(i) In computing the number of days allowed for filing a written 

response under this paragraph, the first day counted is the day after 

the date of the Initial Notice of Assessment. If the last date on which 

the response is required to be filed by this paragraph is a Saturday, 

Sunday or Federal holiday, the response will be due on the next weekday 

after that date.

    (ii) If a response is transmitted by United States mail, it will be 

deemed timely filed if postmarked on or before the due date.

    (4) The assessing official may extend the period for making a 

written response under paragraphs (b)(1) and (b)(2) for good cause 

shown. Generally, failure to obtain representation in a timely manner 

will not be considered good cause.

    (c) Filing. A written response will be considered filed on the date 

received at the address specified in the Initial Notice of Assessment. 

The response may be sent by personal delivery, United States mail or 

commercial delivery. At the discretion of the assessing official, filing 

may be accomplished by facsimile or any other method deemed appropriate.

    (d) The assessing official will fully consider the facts and 

arguments submitted by the respondent in the written response and any 

other documents filed pursuant to this paragraph in determining whether 

to issue a Final Notice of Assessment under Sec. 27.7, the appropriate 

amount of the civil monetary penalty imposed and the terms of any other 

appropriate civil or equitable remedy.