(a) In order to begin a proceeding to impose a civil penalty under this part, the Director shall notify the person by a written preliminary notice of violation sent by certified mail, return receipt requested, of:
(1) The date, facts, and nature of each act or omission constituting the alleged violation;
(2) The particular provision of the regulation, rule or compliance order involved in each alleged violation;
(3) The proposed remedy for each alleged violation, including the amount of any civil penalty proposed; and,
(4) The right of the person to submit a written reply to the Director within 30 calendar days of receipt of such preliminary notice of violation.
(b) A reply to a preliminary notice of violation must contain a statement of all relevant facts pertaining to an alleged violation. The reply must:
(1) State any facts, explanations and arguments which support a denial of the alleged violation;
(2) Demonstrate any extenuating circumstances or other reason why a proposed remedy should not be imposed or should be mitigated;
(3) Discuss the relevant authorities which support the position asserted, including rulings, regulations, interpretations, and previous decisions issued by DOE;
(4) Furnish full and complete answers to any questions set forth in the preliminary notice; and
(5) Include copies of all relevant documents.
(c) If a person fails to submit a written reply within 30 calendar days of receipt of a preliminary notice of violation:
(1) The person relinquishes any right to appeal any matter in the preliminary notice; and
(2) The preliminary notice, including any remedies therein, constitutes a final order.
(d) The Director, at the request of a person notified of an alleged violation, may extend for a reasonable period the time for submitting a reply or a hearing request letter.
Title 10 published on 2014-01-01
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This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.