[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR160.420]



[Page 717]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 160_GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents

 

              Subpart D_Imposition of Civil Money Penalties

 

Sec.  160.420  Notice of proposed determination.



    (a) If a penalty is proposed in accordance with this part, the 

Secretary must deliver, or send by certified mail with return receipt 

requested, to the respondent, written notice of the Secretary's intent 

to impose a penalty. This notice of proposed determination must 

include--

    (1) Reference to the statutory basis for the penalty;

    (2) A description of the findings of fact regarding the violations 

with respect to which the penalty is proposed (except that, in any case 

where the Secretary is relying upon a statistical sampling study in 

accordance with Sec.  160.536 of this part, the notice must provide a 

copy of the study relied upon by the Secretary);

    (3) The reason(s) why the violation(s) subject(s) the respondent to 

a penalty;

    (4) The amount of the proposed penalty;

    (5) Any circumstances described in Sec.  160.408 that were 

considered in determining the amount of the proposed penalty; and

    (6) Instructions for responding to the notice, including a statement 

of the respondent's right to a hearing, a statement that failure to 

request a hearing within 90 days permits the imposition of the proposed 

penalty without the right to a hearing under Sec.  160.504 or a right of 

appeal under Sec.  160.548 of this part, and the address to which the 

hearing request must be sent.

    (b) The respondent may request a hearing before an ALJ on the 

proposed penalty by filing a request in accordance with Sec.  160.504 of 

this part.