---
kind: "section"
citation: "16 C.F.R. § 1.93"
title: "16"
number: "1.93"
heading: "Notice of proposed penalty."
url: "https://uscodex.org/cfr/16/1.93"
---

# §1.93. Notice of proposed penalty.

- (a) **Notice.** Before issuing an order assessing a civil penalty under this subpart against any person, the Commission shall provide to such person notice of the proposed penalty. This notice shall:
  - (1) Inform such person of the opportunity to elect in writing within 30 days of receipt of the notice of proposed penalty to have procedures of [§ 1.95](/cfr/16/1.95.md) (in lieu of those of [§ 1.94](/cfr/16/1.94.md)) apply with respect to such assessment; and
  - (2) Include a copy of a proposed complaint conforming to the provision of [§ 3.11(b)](/cfr/16/3.11.md?p=b) (1) and (2) of the Commission's Rules of Practice, or a statement of the material facts constituting the alleged violation and the legal basis for the proposed penalty; and
  - (3) Include the amount of the proposed penalty; and
  - (4) Include a statement of the procedural rules that the Commission will follow if respondent elects to proceed under [§ 1.94](/cfr/16/1.94.md) unless the Commission chooses to follow subparts [B](/cfr/16/subpartB.md), [C](/cfr/16/subpartC.md), D, E, and F of [part 3](/cfr/16/part3.md) of this chapter.
- (b) **Election.** Within 30 days of receipt of the notice of proposed penalty, the respondent shall, if it wishes to elect to have the procedures of [§ 1.95](/cfr/16/1.95.md) apply, notify the Commission of the election in writing. The notification, to be filed in accordance with [§ 4.2](/cfr/16/4.2.md) of this chapter, may include any factual or legal reasons for which the proposed assessment order should not issue, should be reduced in amount, or should otherwise be modified.

## Notes

### Source

Source: 45 FR 67318, Oct. 10, 1980, unless otherwise noted.

### Authority

Authority: 15 U.S.C. 46; 15 U.S.C. 57a; 5 U.S.C. 552; 5 U.S.C. 601 note.

### Source

Source: 32 FR 8444, June 13, 1967, unless otherwise noted.