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Code · CFR · Title 10 — Energy · Part 824 — Procedural Rules for the Assessment of Civil Penalties for Classified Information Security Violations · § 824.6

§ 824.6. Preliminary notice of violation.

293 words·~1 min read·/us/cfr/t10/s§ 824.6·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In order to begin a proceeding to impose a civil penalty under this part, the Director shall notify the person by a written preliminary notice of violation sent by certified mail, return receipt requested, of:
(1)The date, facts, and nature of each act or omission constituting the alleged violation;
(2)The particular provision of the regulation, rule or compliance order involved in each alleged violation;
(3)The proposed remedy for each alleged violation, including the amount of any civil penalty proposed; and,
(4)The right of the person to submit a written reply to the Director within 30 calendar days of receipt of such preliminary notice of violation.
(b)A reply to a preliminary notice of violation must contain a statement of all relevant facts pertaining to an alleged violation. The reply must:
(1)State any facts, explanations and arguments which support a denial of the alleged violation;
(2)Demonstrate any extenuating circumstances or other reason why a proposed remedy should not be imposed or should be mitigated;
(3)Discuss the relevant authorities which support the position asserted, including rulings, regulations, interpretations, and previous decisions issued by DOE;
(4)Furnish full and complete answers to any questions set forth in the preliminary notice; and
(5)Include copies of all relevant documents.
(c)If a person fails to submit a written reply within 30 calendar days of receipt of a preliminary notice of violation:
(1)The person relinquishes any right to appeal any matter in the preliminary notice; and
(2)The preliminary notice, including any remedies therein, constitutes a final order.
(d)The Director, at the request of a person notified of an alleged violation, may extend for a reasonable period the time for submitting a reply or a hearing request letter.
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§ 824.6
Preliminary notice of violation.
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