27.6—Written response.
(a)
(1)
A person served with an Initial Notice
of Assessment may make a written response
explaining why the civil penalty should not be
imposed, explaining why a civil monetary penalty
should be in a lesser amount than proposed and/or
explaining why the terms of a proposed civil or
equitable remedy should be modified. The written
response must provide:
(iv)
If a representative of the person charged
is filing the written response, a copy of the duly
executed designation as representative.
(2)
The written response must admit or deny
each violation of § 27.3 charged in the Initial Notice of Assessment. Any charge
not specifically denied will be presumed to be
admitted. Where a charge is denied, the respondent
shall specifically set forth the legal or factual
basis upon which the charge is denied. If the
basis of the written response is that the person
charged is not the person responsible for the
misuse(s) charged, the written response must set
forth sufficient information to allow the agency
to determine the truth of such an assertion. The
written response should include any and all
documents and/or other information that the
respondent believes should be a part of the
administrative record on the matter.
(b) Time.
(1)
Except as provided
in paragraph (b)(2) of this section, any written
response made under this paragraph must be
received not later than 30 days after the date of
the Initial Notice of Assessment.
(2)
If a request for documents or other
evidence is made pursuant to § 27.5(d)(4), the
written response must be received not later than
20 days after the date of the Department's
response to the request.
(3)
(i)
In computing the number of days allowed
for filing a written response under this
paragraph, the first day counted is the day after
the date of the Initial Notice of Assessment. If
the last date on which the response is required to
be filed by this paragraph is a Saturday, Sunday
or Federal holiday, the response will be due on
the next weekday after that date.
(ii)
If a response is transmitted by United
States mail, it will be deemed timely filed if
postmarked on or before the due date.
(4)
The assessing official may extend the
period for making a written response under
paragraphs (b)(1) and (b)(2) for good cause shown.
Generally, failure to obtain representation in a
timely manner will not be considered good
cause.
(c) Filing.
A written response
will be considered filed on the date received at
the address specified in the Initial Notice of
Assessment. The response may be sent by personal
delivery, United States mail or commercial
delivery. At the discretion of the assessing
official, filing may be accomplished by facsimile
or any other method deemed appropriate.
(d)
The assessing official will fully consider
the facts and arguments submitted by the
respondent in the written response and any other
documents filed pursuant to this paragraph in
determining whether to issue a Final Notice of
Assessment under § 27.7, the appropriate amount of
the civil monetary penalty imposed and the terms
of any other appropriate civil or equitable
remedy.