Code of Federal Regulations Title 45. Public Welfare § 45.1.7 Fairness and notice in civil enforcement actions and administrative inspections

(a) When the Department takes a civil enforcement action, the Department may only apply standards or practices that have been publicly stated in a manner that would not cause unfair surprise.

(b) The Department must avoid unfair surprise when it imposes penalties and whenever it adjudges past conduct to have violated the law.

(c) The Department shall only conduct civil administrative inspections according to published rules of agency procedure.