[Code of Federal Regulations] [Title 49, Volume 3] [Revised as of October 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR190.207] [Page 11] TITLE 49--TRANSPORTATION CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (CONTINUED) PART 190_PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES--Table of Contents Subpart B_Enforcement Sec. 190.207 Notice of probable violation. (a) Except as otherwise provided by this subpart, a Regional Director begins an enforcement proceeding by serving a notice of probable violation on a person charging that person with a probable violation of 49 U.S.C. 60101 et seq. or any regulation or order issued thereunder. (b) A notice of probable violation issued under this section shall include: (1) Statement of the provisions of the laws, regulations or orders which the respondent is alleged to have violated and a statement of the evidence upon which the allegations are based; (2) Notice of response options available to the respondent under Sec. 190.209; (3) If a civil penalty is proposed under Sec. 190.221, the amount of the proposed civil penalty and the maximum civil penalty for which respondent is liable under law; and (4) If a compliance order is proposed under Sec. 190.217, a statement of the remedial action being sought in the form of a proposed compliance order. (c) The Associate Administrator, OPS may amend a notice of probable violation at any time prior to issuance of a final order under Sec. 190.213. If an amendment includes any new material allegations of fact or proposes an increased civil penalty amount or new or additional remedial action under Sec. 190.217, the respondent shall have the opportunity to respond under Sec. 190.209. [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18513, Apr. 26, 1996]