[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR820.25]

[Page 498]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents
 
                      Subpart B_Enforcement Process
 
Sec. 820.25  Final notice of violation.

    (a) General rule. If, after reviewing the reply submitted by the 
respondent, the Director determines that a person violated or is 
continuing to violate a provision of the Act or a DOE Nuclear Safety 
Requirement, he may file a Final Notice of Violation. The Final Notice 
shall concisely state the determined violation, any designated penalty, 
and further actions necessary by or available to respondent.
    (b) Effect of final notice. (1) If a Final Notice of Violation does 
not contain a civil penalty, it shall be deemed filed as a Final Order 
15 days after the Final Notice is filed unless the Secretary files a 
Final Order which modifies the Final Notice.
    (2) If a Final Notice of Violation contains a civil penalty, the 
respondent must file within 30 days after the filing of the Final 
Notice:
    (i) A waiver of further proceedings;
    (ii) A request for an on-the-record adjudication; or
    (iii) A notice of intent to seek judicial review.
    (c) Effect of waiver. If a respondent waives further proceedings, 
the Final Notice of Violation shall be deemed a Final Order enforceable 
against the respondent. The respondent must pay any civil penalty set 
forth in the Notice of Violation within 60 days of the filing of waiver 
unless the Director grants additional time.
    (d) Effect of request. If a respondent files a request for an on-
the-record adjudication, then an enforcement adjudication commences.
    (e) Effect of notice of intent. If a respondent files a Notice of 
Intent, the Final Notice of Violation shall be deemed a Final Order 
enforceable against the respondent.
    (f) Amendment. The Director may amend the Final Notice of Violation 
at any time before an action takes place pursuant to paragraph (b) of 
this section. An amendment shall add fifteen days to the time periods 
under paragraph (b) of this section.
    (g) Withdrawal. The Director may withdraw the Final Notice of 
Violation, or any part thereof, at any time before an action under 
paragraph (b) of this section.