[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR160.514]

[Page 709]
 
                        TITLE 45--PUBLIC WELFARE
 
                    SUBTITLE A--DEPARTMENT OF HEALTH
                         AND HUMAN SERVICES
 
PART 160_GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents
 
    Subpart E_Civil Money Penalties: Procedures for Investigations, 
                  Imposition of Penalties, and Hearings
 
Sec. 160.514  Notice of proposed determination.

    (a) If a penalty is proposed in accordance with this part, the 
Secretary must deliver, or send by certified mail with return receipt 
requested, to the respondent written notice of the Secretary's intent to 
impose a penalty. This notice of proposed determination must include--
    (1) Reference to the statutory basis for the penalty;
    (2) A description of the findings of fact regarding the act(s) or 
omission(s) with respect to which the penalty is proposed;
    (3) The reason(s) why the act(s) or omission(s) subject(s) the 
respondent to a penalty;
    (4) The amount of the proposed penalty;
    (5) Instructions for responding to the notice, including a statement 
of the respondent's right to a hearing, a statement that failure to 
request a hearing within 60 days permits the imposition of the proposed 
penalty without the right to a hearing under Sec. 160.554 or a right of 
appeal under Sec. 160.568, and the address to which the hearing request 
must be sent.
    (b) The respondent may request a hearing before an ALJ on the 
proposed penalty by filing a request therefor in accordance with Sec. 
160.526 of this subpart.