---
kind: "section"
citation: "29 C.F.R. § 530.402"
title: "29"
number: "530.402"
heading: "Notice of determination."
url: "https://uscodex.org/cfr/29/530.402"
---

# §530.402. Notice of determination.


Whenever the Administrator determines to deny or revoke a certificate or determines to assess a civil money penalty, the person affected by such determination shall be notified of the determination in writing, by certified mail to the last known address. The notice required shall:

- (a) Set forth the determination of the Administrator, including the specific statutory or regulatory provision or assurance violated, the reasons for denying or revoking a certificate, or the amount of any civil money penalty assessment and the reason or reasons therefor.
- (b) **Set forth the right to request a hearing on such determination.**
- (c) Set forth the time and method for requesting a hearing, and the procedures relating thereto, as set forth in [§ 530.403](/cfr/29/530.403.md) of this subpart.
- (d) Inform any affected person or persons that in lieu of formal proceedings there is available an alternative summary proceeding under [§ 530.412](/cfr/29/530.412.md) of this subpart.
- (e) Inform any affected persons that in the absence of a timely request for a hearing the determination of the Administrator shall become final and unappealable.

## Notes

### Source

Source: 53 FR 45725, Nov. 10, 1988, unless otherwise noted.

### Authority

Authority: Sec. 11, 52 Stat. 1066 (29 U.S.C. 211) as amended by sec. 9, 63 Stat. 910 (29 U.S.C. 211(d)); Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat. 584.

### Source

Source: 24 FR 729, Feb. 3, 1959, unless otherwise noted.