---
kind: "section"
citation: "10 C.F.R. § 824.6"
title: "10"
number: "824.6"
heading: "Preliminary notice of violation."
url: "https://uscodex.org/cfr/10/824.6"
---

# §824.6. Preliminary notice of violation.

- (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.

## Notes

### Authority

Authority: 42 U.S.C. 2201, 2282b, 7101 et seq., 50 U.S.C. 2401 et seq.; 28 U.S.C. 2461 note.

### Source

Source: 70 FR 3607, Jan. 26, 2005, unless otherwise noted.