[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: 10CFR824.6]



[Page 514]

 

                            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. 824.6  Preliminary notice of violation.



    (a) In order to begin a proceeding to impose a civil penalty under 

this part, the Director shall notify the person by a written preliminary 

notice of violation sent by certified mail, return receipt requested, 

of:

    (1) The date, facts, and nature of each act or omission constituting 

the alleged violation;

    (2) The particular provision of the regulation, rule or compliance 

order involved in each alleged violation;

    (3) The proposed remedy for each alleged violation, including the 

amount of any civil penalty proposed; and,

    (4) The right of the person to submit a written reply to the 

Director within 30 calendar days of receipt of such preliminary notice 

of violation.

    (b) A reply to a preliminary notice of violation must contain a 

statement of all relevant facts pertaining to an alleged violation. The 

reply must:

    (1) State any facts, explanations and arguments which support a 

denial of the alleged violation;

    (2) Demonstrate any extenuating circumstances or other reason why a 

proposed remedy should not be imposed or should be mitigated;

    (3) Discuss the relevant authorities which support the position 

asserted, including rulings, regulations, interpretations, and previous 

decisions issued by DOE;

    (4) Furnish full and complete answers to any questions set forth in 

the preliminary notice; and

    (5) Include copies of all relevant documents.

    (c) If a person fails to submit a written reply within 30 calendar 

days of receipt of a preliminary notice of violation:

    (1) The person relinquishes any right to appeal any matter in the 

preliminary notice; and

    (2) The preliminary notice, including any remedies therein, 

constitutes a final order.

    (d) The Director, at the request of a person notified of an alleged 

violation, may extend for a reasonable period the time for submitting a 

reply or a hearing request letter.