10 CFR §851.42

1. (a)Based on a determination by the Enforcement Director that there is a reasonable basis to believe a contractor has violated or is continuing to violate a requirement of this part, the Enforcement Director may issue a preliminary notice of violation (PNOV) to the contractor.
2. (b)A PNOV must indicate:
   1. (1)The date, facts, and nature of each act or omission upon which each alleged violation is based;
   2. (2)The particular requirement involved in each alleged violation;
   3. (3)The proposed remedy for each alleged violation, including the amount of any civil penalty; and
   4. (4)The obligation of the contractor to submit a written reply to the Enforcement Director within 30 calendar days of receipt of the PNOV.
3. (c)A reply to a PNOV must contain a statement of all relevant facts pertaining to an alleged violation.
   1. (1)The reply must:
      1. (i)State any facts, explanations and arguments that support a denial of the alleged violation;
      2. (ii)Demonstrate any extenuating circumstances or other reason why a proposed remedy should not be imposed or should be mitigated;
      3. (iii)Discuss the relevant authorities that support the position asserted, including rulings, regulations, interpretations, and previous decisions issued by DOE; and
      4. (iv)Furnish full and complete answers to any questions set forth in the preliminary notice.
   2. (2)Copies of all relevant documents must be submitted with the reply.
4. (d)If a contractor fails to submit a written reply within 30 calendar days of receipt of a PNOV:
   1. (1)The contractor relinquishes any right to appeal any matter in the preliminary notice; and
   2. (2)The preliminary notice, including any proposed remedies therein, constitutes a final order.
5. (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.