[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: 10CFR824.7]



[Page 514-515]

 

                            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. 824.7  Final notice of violation.



    (a) If a person submits a written reply within 30 calendar days of 

receipt of a preliminary notice of violation, the Director must make a 

final determination whether the person violated or is continuing to 

violate a classified information security requirement.

    (b) Based on a determination by the Director that a person has 

violated or is continuing to violate a classified information security 

requirement, the Director may issue to the person a final notice of 

violation that concisely states the determined violation, the amount of 

any civil penalty imposed, and further actions necessary by or available 

to the person. The final notice of violation also must state that the 

person has the right to submit to the Director, within 30 calendar days 

of the receipt of the notice, a written request for a hearing under 

Sec. 824.8 or, in the alternative, to elect the procedures specified in 

section 234A.c.(3) of the Act, 42 U.S.C. 2282a.c.(3).

    (c) The Director must send a final notice of violation by certified 

mail, return receipt requested, within 30 calendar days of the receipt 

of a reply.

    (d) Subject to paragraphs (h) and (i) of this section, the effect of 

final notice shall be:

    (1) If a final notice of violation does not contain a civil penalty, 

it shall be deemed a final order 15 days after the final notice is 

issued.

    (2) If a final notice of violation contains a civil penalty, the 

person must submit to the Director within 30 days after the issuance of 

the final notice:

    (i) A waiver of further proceedings;

    (ii) A request for an on-the-record hearing under Sec. 824.8; or

    (iii) A notice of intent to proceed under section 234A.c.(3) of the 

Act, 42 U.S.C. 2282a.(c)(3).



[[Page 515]]



    (e) If a person waives further proceedings, the final notice of 

violation shall be deemed a final order enforceable against the person. 

The person must pay the civil penalty set forth in the notice of 

violation within 60 days of the filing of waiver unless the Director 

grants additional time.

    (f) If a person files a request for an on-the-record hearing, then 

the hearing process commences.

    (g) If the person files a notice of intent to proceed under section 

234A.c.(3) of the Act, 42 U.S.C. 2282a.(c)(3), the Director, by order, 

shall assess the civil penalty set forth in the Notice of Violation.

    (h) The Director may amend the final notice of violation at any time 

before the time periods specified in paragraphs (d)(1) or (d)(2) expire. 

An amendment shall add fifteen days to the time period under paragraph 

(d) of this section.

    (i) The Director may withdraw the final notice of violation, or any 

part thereof, at any time before the time periods specified in 

paragraphs (d)(1) or (d)(2) expire.