[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: 10CFR820.31]

[Page 500]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents
 
                      Subpart B_Enforcement Process
 
Sec. 820.31  Initial decision.

    (a) Initial Decision. The Presiding Officer shall file an Initial 
Decision as soon as practicable after the period for filing reply briefs 
under 820.30 has expired. The Initial Decision shall contain findings of 
fact, conclusions regarding all material issues of law or discretion, as 
well as reasons therefor, any remedy and a proposed Final Order. A party 
may file comments on an Initial Decision within fifteen days of its 
filing.
    (b) Amount of civil penalty. If the Presiding Officer determines 
that a violation has occurred and that a civil penalty is appropriate, 
the Initial Decision shall set forth the dollar amount of the civil 
penalty. If the Presiding Officer decides to assess a penalty different 
in amount from the penalty assessed in the Final Notice of Violation, 
the Initial Decision shall set forth the specific reasons for the 
increase or decrease.