14 CFR § 302.409 - Default.

---
identifier: "/us/cfr/t14/s302.409"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "14 CFR § 302.409 - Default."
title_number: 14
title_name: "Aeronautics and Space"
section_number: "302.409"
section_name: "Default."
chapter_name: "OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION (AVIATION PROCEEDINGS)"
subchapter_number: "B"
subchapter_name: "PROCEDURAL REGULATIONS"
part_number: "302"
part_name: "RULES OF PRACTICE IN PROCEEDINGS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "39 U.S.C. 5402; 42 U.S.C. 4321, 49 U.S.C. Subtitle I and Chapters 401, 411, 413, 415, 417, 419, 461, 463, and 471."
regulatory_source: "Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, unless otherwise noted."
cfr_part: "302"
---


# 302.409 Default.

Failure of a respondent to file and serve an answer within the time and in the manner prescribed by § 302.408 shall be deemed to authorize the DOT decisionmaker or administrative law judge, as a matter of discretion, to find the facts alleged in the complaint incorporated in or accompanying the notice instituting a formal enforcement proceeding to be true and to enter such orders as may be appropriate without notice or hearing, or, as a matter of discretion, to proceed to take proof, without notice, of the allegations or charges set forth in the complaint or order; *Provided,* that the DOT decisionmaker or administrative law judge may permit late filing of an answer for good cause shown.