---
kind: "section"
citation: "10 C.F.R. § 851.42"
title: "10"
number: "851.42"
heading: "Preliminary notice of violation."
url: "https://uscodex.org/cfr/10/851.42"
---

# §851.42. Preliminary notice of violation.

- (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.

## Notes

### 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]