[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

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

[CITE: 15CFR904.101]



[Page 42-43]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 904_CIVIL PROCEDURES--Table of Contents

 

                        Subpart B_Civil Penalties

 

Sec. 904.101  Notice of Violation and Assessment (NOVA).



    (a) A NOVA will be issued by NOAA and served personally or by 

registered or certified mail, return receipt requested, upon the person 

alleged to be subject to a civil penalty (the respondent). A copy of the 

NOVA will similarly be served upon the permit holder or the vessel 

owner, if the holder or owner is not the respondent. The NOVA will 

contain:

    (1) A concise statement of the facts believed to show a violation;

    (2) A specific reference to the provisions of the Act, regulation, 

license, permit, agreement, or order allegedly violated;



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    (3) The findings and conclusions upon which NOAA bases the 

assessment; and

    (4) The amount of the civil penalty assessed. The NOVA will also 

advise of the respondent's rights upon receipt of the NOVA, and will be 

accompanied by a copy of the regulations in this part governing the 

proceedings.

    (b) In assessing a civil penalty, NOAA will take into account 

information available to the Agency concerning any factor to be 

considered under the applicable statute, and any other information that 

justice or the purposes of the statute require.

    (c) The NOVA may also contain a proposal for compromise or 

settlement of the case. NOAA may also attach documents that illuminate 

the facts believed to show a violation.