In responding to a notice of proposed civil penalty, the respondent may request:
An administrative hearing before an Administrative Law Judge (ALJ) under § 429.126 of this part; or
Elect to have the procedures of § 429.128 apply.
Any election to have the procedures of § 429.128 apply may not be revoked except with the consent of the General Counsel (or delegee).
If the respondent fails to respond to a notice issued under § 429.120 or otherwise fails to indicate its election of procedures, DOE shall refer the civil penalty action to an ALJ for a hearing under § 429.126.
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