[Code of Federal Regulations]

[Title 10, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 10CFR824.13]



[Page 516]

 

                            TITLE 10--ENERGY

 

                    CHAPTER III--DEPARTMENT OF ENERGY

 

PART 824_PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES FOR 

CLASSIFIED INFORMATION SECURITY VIOLATIONS--Table of Contents

 

Sec. 824.13  Initial decision.



    (a) The Hearing Officer shall issue an initial decision as soon as 

practicable after the hearing. The initial decision shall contain 

findings of fact and conclusions regarding all material issues of law, 

as well as reasons therefor. If the Hearing Officer determines that a 

violation has occurred and that a civil penalty is appropriate, the 

initial decision shall set forth the amount of the civil penalty based 

on:

    (1) The nature, circumstances, extent, and gravity of the violation 

or violations;

    (2) The violator's ability to pay;

    (3) The effect of the civil penalty on the person's ability to do 

business;

    (4) Any history of prior violations;

    (5) The degree of culpability; and

    (6) Such other matters as justice may require.

    (b) The Hearing Officer shall serve all parties with the initial 

decision by certified mail, return receipt requested. The initial 

decision shall include notice that it constitutes a final order of DOE 

30 days after the filing of the initial decision unless the Secretary 

files a Notice of Review. If the Secretary files a notice of Notice of 

Review, he shall file a final order as soon as practicable after 

completing his review. The Secretary, at his discretion, may order 

additional proceedings, remand the matter, or modify the amount of the 

civil penalty assessed in the initial decision. DOE shall notify the 

person of the Secretary's action under this paragraph in writing by 

certified mail, return receipt requested. The person against whom the 

civil penalty is assessed by the final order shall pay the full amount 

of the civil penalty assessed in the final order within thirty days (30) 

unless otherwise agreed by the Director.