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(a) Based on a determination by the Director that there is a reasonable basis to believe a contractor has violated or is continuing to violate a requirement of this part, the 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 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.
Cite this article: FindLaw.com - Code of Federal Regulations Title 10. Energy § 10.851.42 Preliminary notice of violation - last updated October 03, 2022 | https://codes.findlaw.com/cfr/title-10-energy/cfr-sect-10-851-42/
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