10 CFR §429.124

1. (a)In responding to a notice of proposed civil penalty, the respondent may request:
   1. (1)An administrative hearing before an Administrative Law Judge (ALJ) under § 429.126 of this part; or
   2. (2)Elect to have the procedures of § 429.128 apply.
2. (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).
3. (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.