§851.42. Preliminary notice of violation.
10 C.F.R. § 851.42
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.
A PNOV must indicate:
The date, facts, and nature of each act or omission upon which each alleged violation is based;
The particular requirement involved in each alleged violation;
The proposed remedy for each alleged violation, including the amount of any civil penalty; and
The obligation of the contractor to submit a written reply to the Enforcement Director within 30 calendar days of receipt of the PNOV.
A reply to a PNOV must contain a statement of all relevant facts pertaining to an alleged violation.
The reply must—
State any facts, explanations and arguments that support a denial of the alleged violation;
Demonstrate any extenuating circumstances or other reason why a proposed remedy should not be imposed or should be mitigated;
Discuss the relevant authorities that support the position asserted, including rulings, regulations, interpretations, and previous decisions issued by DOE; and
Furnish full and complete answers to any questions set forth in the preliminary notice.
Copies of all relevant documents must be submitted with the reply.
If a contractor fails to submit a written reply within 30 calendar days of receipt of a PNOV:
The contractor relinquishes any right to appeal any matter in the preliminary notice; and
The preliminary notice, including any proposed remedies therein, constitutes a final order.
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.
Notes, amendments, and revision history
Amendments
[71 FR 6931, Feb. 9, 2006, as amended at 88 FR 41294, June 26, 2023]
Authority
Authority: 42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42 U.S.C. 5801 et seq.; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 28 U.S.C. 2461 note.
Source
Source: 71 FR 6931, Feb. 9, 2006, unless otherwise noted.
Amendments
[71 FR 6931, Feb. 9, 2006, as amended at 88 FR 41294, June 26, 2023]