10 CFR § 429.124 - Election of procedures.

---
identifier: "/us/cfr/t10/s429.124"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 429.124 - Election of procedures."
title_number: 10
title_name: "Energy"
section_number: "429.124"
section_name: "Election of procedures."
chapter_name: "DEPARTMENT OF ENERGY"
subchapter_number: "D"
subchapter_name: "ENERGY CONSERVATION"
part_number: "429"
part_name: "CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 6291-6317; 28 U.S.C. 2461 note."
regulatory_source: "76 FR 12451, Mar. 7, 2011, unless otherwise noted."
cfr_part: "429"
---


# 429.124 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.