Election of procedures.

(a) In responding to a notice of proposed civil penalty, the respondent may request: (1) An administrative hearing before an Administrative Law Judge (ALJ) under § 429.126 of this part; or (2) Elect to have the procedures of § 429.128 apply. (b) Any election to have the procedures of § 429.128 apply may not be revoked except with the consent of the General Counsel (or delegee). (c) 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.