[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR904.101]

[Page 40]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 904--CIVIL PROCEDURES--Table of Contents
 
                       Subpart B--Civil Penalties
 
Sec. 904.101  Notice of Violation and Assessment (NOVA).

    (a) A NOVA will be issued by NOAA and served personally or by 
registered or certified mail, return receipt requested, upon the person 
alleged to be subject to a civil penalty (the respondent). A copy of the 
NOVA will similarly be served upon the permit holder or the vessel 
owner, if the holder or owner is not the respondent. The NOVA will 
contain:
    (1) A concise statement of the facts believed to show a violation;
    (2) A specific reference to the provisions of the Act, regulation, 
license, permit, agreement, or order allegedly violated;
    (3) The findings and conclusions upon which NOAA bases the 
assessment; and
    (4) The amount of the civil penalty assessed. The NOVA will also 
advise of the respondent's rights upon receipt of the NOVA, and will be 
accompanied by a copy of the regulations in this part governing the 
proceedings.
    (b) In assessing a civil penalty, NOAA will take into account 
information available to the Agency concerning any factor to be 
considered under the applicable statute, and any other information that 
justice or the purposes of the statute require.
    (c) The NOVA may also contain a proposal for compromise or 
settlement of the case. NOAA may also attach documents that illuminate 
the facts believed to show a violation.