§ 851.42. Preliminary notice of violation.

311 words·~1 min read·/us/cfr/t10/s§ 851.42·

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

(a)Based on a determination by the Enforcement Director that there is a reasonable basis to believe a contractor has violated or is continuing to violate a requirement of this part, the Enforcement Director may issue a preliminary notice of violation

(PNOV)to the contractor.

(b)A PNOV must indicate:

(1)The date, facts, and nature of each act or omission upon which each alleged violation is based;

(2)The particular requirement involved in each alleged violation;

(3)The proposed remedy for each alleged violation, including the amount of any civil penalty; and

(4)The obligation of the contractor to submit a written reply to the Enforcement Director within 30 calendar days of receipt of the PNOV.

(c)A reply to a PNOV must contain a statement of all relevant facts pertaining to an alleged violation.

(1)The reply must:

(i)State any facts, explanations and arguments that support a denial of the alleged violation;

(ii)Demonstrate any extenuating circumstances or other reason why a proposed remedy should not be imposed or should be mitigated;

(iii)Discuss the relevant authorities that support the position asserted, including rulings, regulations, interpretations, and previous decisions issued by DOE; and

(iv)Furnish full and complete answers to any questions set forth in the preliminary notice.

(2)Copies of all relevant documents must be submitted with the reply.

(d)If a contractor fails to submit a written reply within 30 calendar days of receipt of a PNOV:

(1)The contractor relinquishes any right to appeal any matter in the preliminary notice; and

(2)The preliminary notice, including any proposed remedies therein, constitutes a final order.

(e)A copy of the PNOV must be prominently posted, once final, at or near the location where the violation occurred until the violation is corrected. [71 FR 6931, Feb. 9, 2006, as amended at 88 FR 41294, June 26, 2023]