{"data":{"id":"us/10-cfr-851.42","jurisdiction":"us","citation":"10 CFR 851.42","heading":"Preliminary notice of violation.","body":"(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.\n(b) A PNOV must indicate:\n(1) The date, facts, and nature of each act or omission upon which each alleged violation is based;\n(2) The particular requirement involved in each alleged violation;\n(3) The proposed remedy for each alleged violation, including the amount of any civil penalty; and\n(4) The obligation of the contractor to submit a written reply to the Enforcement Director within 30 calendar days of receipt of the PNOV.\n(c) A reply to a PNOV must contain a statement of all relevant facts pertaining to an alleged violation.\n(1) The reply must:\n(i) State any facts, explanations and arguments that support a denial of the alleged violation;\n(ii) Demonstrate any extenuating circumstances or other reason why a proposed remedy should not be imposed or should be mitigated;\n(iii) Discuss the relevant authorities that support the position asserted, including rulings, regulations, interpretations, and previous decisions issued by DOE; and\n(iv) Furnish full and complete answers to any questions set forth in the preliminary notice.\n(2) Copies of all relevant documents must be submitted with the reply.\n(d) If a contractor fails to submit a written reply within 30 calendar days of receipt of a PNOV:\n(1) The contractor relinquishes any right to appeal any matter in the preliminary notice; and\n(2) The preliminary notice, including any proposed remedies therein, constitutes a final order.\n(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.","path":["Title 10—Energy","CHAPTER III—DEPARTMENT OF ENERGY","PART 851—WORKER SAFETY AND HEALTH PROGRAM","Subpart E—Enforcement Process"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-10.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:09Z","sha256":"af78cd5875415076e682bff3d35a4414a2e8db8647be459de7d61b1af071aa90","source_id":"us-cfr","stale":true,"prev":"us/10-cfr-851.41","next":"us/10-cfr-851.43"},"notice":"GroundRules: Original legal text. Not legal advice."}