§808.15. Show cause proceeding.
18 C.F.R. § 808.15
The Executive Director may issue an order requiring an alleged violator to show cause why a penalty should not be assessed in accordance with the provisions of this chapter and section 15.17 of the compact. The order to the alleged violator shall:
Specify the nature and duration of violation(s) that is alleged to have occurred.
Set forth the date by which the alleged violator must provide a written response to the order.
Identify the civil penalty recommended by Commission staff.
The written response by the project sponsor should include the following—
A statement whether the project sponsor contests that the violations outlined in the Order occurred;
If the project sponsor contests the violations, then a statement of the relevant facts and/or law providing the basis for the project sponsor's position;
Any mitigating factors or explanation regarding the violations outlined in the Order; and
A statement explaining what the appropriate civil penalty, if any, should be utilizing the factors at § 808.16.
Based on the information presented and any relevant policies, guidelines or law, the Executive Director shall make a written finding affirming or modifying the civil penalty recommended by Commission staff.
Notes, amendments, and revision history
Amendments
[82 FR 29397, June 29, 2017]
Authority
Authority: Secs. 3.4 (9), 3.5 (5), 3.8, 3.10 and 15.2, Pub. L. 91-575, 84 Stat. 1509 et seq.
Source
Source: 71 FR 78589, Dec. 29, 2006, unless otherwise noted.
Amendments
[82 FR 29397, June 29, 2017]