[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR511.11]

[Page 36-37]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 511--ADJUDICATIVE PROCEDURES--Table of Contents
 
       Subpart B--Pleadings; Form; Execution; Service of Documents
 
Sec. 511.11  Commencement of proceedings.


    (a) Notice of institution of an enforcement proceeding. An 
adjudicative proceeding under this part is commenced by the issuance of 
a complaint by the NHTSA.
    (b) Form and content of complaint. The complaint shall be signed by 
the Complaint Counsel and shall contain the following:
    (1) Recital of the legal authority for instituting the proceeding, 
with specific designation of the statutory provisions involved in each 
allegation.
    (2) Identification of each respondent.
    (3) A clear and concise statement of the charges, sufficient to 
inform each respondent with reasonable definiteness of the factual basis 
of the allegations of violation. A list and summary of documentary 
evidence supporting the charges shall be attached.
    (4) A statement of the civil penalty which the Complaint Counsel 
believes is in the public interest, or which is required by law. In the 
case of civil penalties assessed for violations of section 507(3) of the 
Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2007(3)), the 
amount of such penalty shall be calculated from the time of the alleged 
violation. In the case of civil penalties assessed for violations of 
section 507 (1) or (2) of that Act, any monetary credits available to 
offset those civil penalties shall be specified.
    (5) The right of the respondent to a hearing on the alleged 
violations.
    (c) Notice to the public. Once a complaint is issued, notice of it 
shall be immediately submitted to the Federal Register for publication. 
The notice in

[[Page 37]]

the Federal Register shall briefly describe the nature of the proceeding 
and state that petitions to participate in the proceeding must be filed 
no later than the first prehearing conference.