---
kind: "section"
citation: "10 C.F.R. § 501.166"
title: "10"
number: "501.166"
heading: "Hearings and conferences."
url: "https://uscodex.org/cfr/10/501.166"
---

# §501.166. Hearings and conferences.

- (a) **When a civil penalty is proposed—**
  - (1) **Hearing alternative in civil penalty assessment proceedings.** Unless the recipient of a notice of violation elects in writing to have the provisions of [paragraph (a)(2)](#a-2) of this section apply, OFE will commence a proceeding to assess a penalty and, prior to a final determination on the violation and assessment of a penalty, provide an opportunity for a hearing pursuant to [5 U.S.C. 554](/usc/5/554.md) before an Administrative Law Judge.
  - (2) **Election alternative in civil penalty assessment proceedings.** The recipient of a notice of violation in which a civil penalty assessment has been proposed may elect, in writing, within thirty (30) days of receipt of the notice, to waive the administrative proceedings described in [paragraph (a)(1)](#a-1) of this section. OFE will make a determination on the proposed civil penalty assessment and issue a final order to that effect within forty-five (45) days after receiving notice of the exercise of this election.
- (b) **When a civil penalty is not proposed—opportunity to request a conference.** If a person has received a notice of violation in which a civil penalty has not been proposed, he may, within thirty (30) days after receipt of the notice, request a conference with OFE to discuss the notice. In order to request a conference he must comply with the instructions set forth in the notice.

## Notes

### Authority

Authority: 42 U.S.C. 7101 et seq.; 42 U.S.C. 8301 et seq.; 42 U.S.C. 8701 et seq.; E.O. 12009, 42 FR 46267; 28 U.S.C. 2461 note.

### Source

Source: 46 FR 59889, Dec. 7, 1981, unless otherwise noted.