[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1.93]

[Page 30]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 1_GENERAL PROCEDURES--Table of Contents
 
      Subpart K_Penalties for Violation of Appliance Labeling Rules
 
Sec. 1.93  Notice of proposed penalty.

    (a) Notice. Before issuing an order assessing a civil penalty under 
this subpart against any person, the Commission shall provide to such 
person notice of the proposed penalty. This notice shall:
    (1) Inform such person of the opportunity to elect in writing within 
30 days of receipt of the notice of proposed penalty to have procedures 
of Sec. 1.95 (in lieu of those of Sec. 1.94) apply with respect to 
such assessment; and
    (2) Include a copy of a proposed complaint conforming to the 
provision of Sec. 3.11(b) (1) and (2) of the Commission's Rules of 
Practice, or a statement of the material facts constituting the alleged 
violation and the legal basis for the proposed penalty; and
    (3) Include the amount of the proposed penalty; and
    (4) Include a statement of the procedural rules that the Commission 
will follow if respondent elects to proceed under Sec. 1.94 unless the 
Commission chooses to follow subparts B, C, D, E, and F of part 3 of 
this chapter.
    (b) Election. Within 30 days of receipt of the notice of proposed 
penalty, the respondent shall, if it wishes to elect to have the 
procedures of Sec. 1.95 apply, notify the Commission of the election in 
writing. The notification, to be filed in accordance with Sec. 4.2 of 
this chapter, may include any factual or legal reasons for which the 
proposed assessment order should not issue, should be reduced in amount, 
or should otherwise be modified.