[Code of Federal Regulations]
[Title 50, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR11.11]

[Page 28-29]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                                INTERIOR
 
PART 11--CIVIL PROCEDURES--Table of Contents
 
                     Subpart B--Assessment Procedure
 
Sec. 11.11  Notice of violation.


    (a) A notice of violation (hereinafter ``notice''), shall be issued 
by the Director and served personally or by registered or certified 
mail, return receipt requested, upon the person believed to be subject 
to a civil penalty (the respondent). The notice shall contain: (1) A 
concise statement of the facts believed to show a violation, (2) a 
specific reference to the provisions of the statute or regulation 
allegedly violated,

[[Page 29]]

and (3) the amount of penalty proposed to be assessed. The notice may 
also contain an initial proposal for compromise or settlement of the 
case. The notice shall also advise the respondent of his right to file a 
petition for relief pursuant to Sec. 11.12, or to await the Director's 
notice of assessment.
    (b) The respondent shall have 45 days from the date of the notice of 
violation in which to respond. During this time he may:
    (1) Undertake informal discussions with the Director;
    (2) Accept the proposed penalty, or the compromise, if any, offered 
in the notice;
    (3) File a petition for relief; or
    (4) Take no action, and await the Director's decision, pursuant to 
Sec. 11.13.
    (c) Acceptance of the proposed penalty or the compromise shall be 
deemed to be a waiver of the notice ef assessment required by 
Sec. 11.14, and of the opportunity for a hearing. Any counter offer of 
settlement shall be deemed a rejection of the proposed offer of 
compromise.