For 502(c)(5) civil penalty proceedings, this section shall apply
in lieu of Sec. 18.5 (a) and (b) of this title. Failure of the
respondents to file an answer to the notice of determination described
in Sec. 2560.502c-5(g) within the 30-day period provided by
Sec. 2560.502c-5(h) shall be deemed to constitute a waiver of his or
her right to appear and contest the allegations of the notice of
determination, and such failure shall be deemed to be an admission of
the facts as alleged in the notice for purposes of any proceeding
involving the assessment of a civil penalty under section 502(c)(5).
Such notice shall then become a final order of the Secretary.
