[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR76.4]

[Page 318]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 76.4  Enforcement procedures.

    (a) Commencement of proceedings. If the United States Attorney's 
office having jurisdiction over the matter determines that a person has 
violated section 6486 of the Act, the proceeding to assess a civil 
penalty under section 6486 of the Act shall be commenced by the United 
States Attorney issuing a Notice of Intent to Assess Civil Penalty. 
Service of this Notice shall be accomplished pursuant to 28 CFR 76.6.
    (b) Notice of intent to assess a civil penalty. The Notice of Intent 
to Assess Civil Penalty (Notice) will contain a concise statement of 
factual allegations informing the respondent of the act or conduct 
alleged to be in violation of law, the statutory and regulatory 
provisions alleged to have been violated, and the amount of penalty for 
which the respondent could be liable. The Notice will advise the 
respondent of the following, in addition to any other specific 
information determined by the United States Attorney to be necessary:
    (1) That the respondent has the right to representation by counsel, 
but not at government expense;
    (2) That any statement given during the course of the proceeding may 
be used against the person in this or any other proceeding, including 
any criminal prosecution;
    (3) That a respondent may be able to assert a privilege, such as the 
privilege against self-incrimination;
    (4) That failure to file a response to the allegations listed in the 
Notice within thirty (30) days of the date of service may result in the 
entry of a non-appealable final order assessing a penalty in an amount 
to be determined by the Attorney General;
    (5) That the respondent has the right to request an adjudicatory 
proceeding, including a hearing, before a Judge pursuant to 5 U.S.C. 
554-557 and this part, and that such request, in accordance with 
paragraph (c) of this section, must be made within thirty (30) days from 
the date the notice is served;
    (6) That a respondent may waive an adjudicatory proceeding at any 
time and agree to pay a penalty in an amount to be determined by the 
Attorney General; and
    (7) That in determining the amount of the penalty the respondent's 
income and net assets must be considered.
    (c) Answer to notice. To timely request an adjudicatory proceeding 
in response to a Notice, a respondent must serve upon the United States 
Attorney designated in the Notice a written answer responding to each 
allegation listed in the Notice and request a hearing, in accordance 
with 28 CFR 76.4(b), within thirty (30) days from the date the Notice 
was served upon the respondent. If the respondent does not serve an 
answer within thirty (30) days, the Attorney General or his designee may 
enter a final order, from which there is no appeal, ordering a payment 
of a civil penalty.