1720.239—Hearings—notice of proceedings pursuant to §§ 1710.14, 1710.15 and 1710.16 of this chapter.
(a)
A developer, upon receipt of a notice of proceedings issued under §§ 1710.14, 1710.15 and 1710.16 of this chapter, may obtain a hearing by filing a written request contained in the notice of proceedings. The request must be filed within 15 days of receipt of the notice of proceedings and must be accompanied by an answer conforming to the requirements of § 1720.245. Filing of a motion for a more definite statement under § 1720.315 shall alter the period of time to request a hearing in accordance with § 1720.240.
(b)
When a hearing is requested pursuant to paragraph (a) of this section, such hearing shall be held within 45 days of receipt of this request. The time and place for the hearing shall be fixed with due regard for the public interest and the convenience and necessity of the parties of their representatives.
(c)
Failure to answer within the time allowed by § 1720.240, or failure to appear at a duly scheduled hearing shall result in an appropriate order under § 1710.14 § 1710,15 or § 1710.16 of this chapter terminating the developer's exemption. The order shall be effective as of the date of service or receipt.
[45 FR 40500, June 13, 1980, as amended at 54 FR 40868, Oct. 4, 1989]