Within(a) 30The dayscase offile, receiptas ofdefined ain noticethis ofsection, probableis violationavailable the respondent shall respond to the Regionalrespondent Directorin whoall issuedenforcement theproceedings noticeconducted inunder thethis following way:subpart.
(ab) WhenThe thecase noticefile containsof aan proposedenforcement civilproceeding penalty—consists of the following:
(1) PayIn thecases proposedcommenced civilunder penalty as provided in § 190.227 and close the case with prejudice to the respondent;
(2) Submit written explanations206, information or other materials in answer to the allegationsnotice orof inamendment mitigationand of the proposedrelevant civil penalty
procedures
;
or
(
3
2
)
Request
In
a
cases
hearing
commenced
under § 190.
211.
(b)
207,
When
the notice
contains
of
a
probable
proposed
violation
compliance
and
order—
(1) Agree to
the
proposed
violation
compliance order
report
;
(
2
3
)
Request
In
the
cases
execution
commenced
of a consent order
under § 190.
219;
(3)
233,
Object to
the
proposed
corrective
compliance
action
order
and
or
submit
notice
written
of
explanations,
proposed
information
corrective
or
action
other
order
materials
and
in answer to
the
allegations
data
in
report,
the
if
notice
one
of
is
probable violation
prepared
;
or
(4)
Request
In
a
cases
hearing
commenced
under § 190.
211.
(c)
239,
Failure of
the
respondent
notice
to respond in accordance with paragraph (a)
of
this
proposed
section
safety
or, when applicable, paragraph
order;
(
c
5
)
of
Any
this
documents
section,
and
constitutes
other
a
material
waiver
submitted
of
by
the
right
respondent
to contest the allegations
in
the
response
notice
to
of probable violation and authorizes
the
Associate
enforcement
Administrator,
action;
(6)
OPS,
In
without
cases
further
involving
notice
a
to the respondent
hearing
,
to
any
find
material
facts
submitted
to
during
be
and
as
after
alleged in
the
notice
hearing
of
as
probable
set
violation
forth
and
in
to issue a final order under
§ 190.
213.
211; and
[45
(7)
FR
The
20413,
Regional
Mar.
Director's
27,
written
1980,
evaluation
as
of
amended
response
by
material
Amdt.
submitted
190-1,
by
53
the
FR
respondent
1635,
and
Jan.
recommendation
21,
for
1988;
final
Amdt. 190-6
action
,
61
if
FR
one
18513,
is
Apr
prepared
.
26, 1996;
[
Amdt. 190-
7
16
,
61
78
FR
27792
58910
,
June
Sept.
3
25
,
1996
2013
]
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