10 CFR §824.6

1. (a)In order to begin a proceeding to impose a civil penalty under this part, the Director shall notify the person by a written preliminary notice of violation sent by certified mail, return receipt requested, of:
   1. (1)The date, facts, and nature of each act or omission constituting the alleged violation;
   2. (2)The particular provision of the regulation, rule or compliance order involved in each alleged violation;
   3. (3)The proposed remedy for each alleged violation, including the amount of any civil penalty proposed; and,
   4. (4)The right of the person to submit a written reply to the Director within 30 calendar days of receipt of such preliminary notice of violation.
2. (b)A reply to a preliminary notice of violation must contain a statement of all relevant facts pertaining to an alleged violation. The reply must:
   1. (1)State any facts, explanations and arguments which support a denial of the alleged violation;
   2. (2)Demonstrate any extenuating circumstances or other reason why a proposed remedy should not be imposed or should be mitigated;
   3. (3)Discuss the relevant authorities which support the position asserted, including rulings, regulations, interpretations, and previous decisions issued by DOE;
   4. (4)Furnish full and complete answers to any questions set forth in the preliminary notice; and
   5. (5)Include copies of all relevant documents.
3. (c)If a person fails to submit a written reply within 30 calendar days of receipt of a preliminary notice of violation:
   1. (1)The person relinquishes any right to appeal any matter in the preliminary notice; and
   2. (2)The preliminary notice, including any remedies therein, constitutes a final order.
4. (d)The Director, at the request of a person notified of an alleged violation, may extend for a reasonable period the time for submitting a reply or a hearing request letter.