(a) This subpart establishes the procedures for determining the nature and extent of violations of the DOE regulations in parts 210, 211, and 212 and the procedures for issuance of a Notice of Probable Violation, a Proposed Remedial Order, a Remedial Order, an Interim Remedial Order for Immediate Compliance, a Remedial Order for Immediate Compliance, a Notice of Probable Disallowance, a Proposed Order of Disallowance, an Order of Disallowance, or a Consent Order. Nothing in these regulations shall affect the authority of DOE enforcement officials in coordination with the Department of Justice to initiate appropriate civil or criminal enforcement actions in court at any time.
(b) When any report required by the ERA or any audit or investigation discloses, or the ERA otherwise discovers, that there is reason to believe a violation of any provision of this chapter, or any order issued thereunder, has occurred, is continuing or is about to occur, the ERA may conduct an inquiry to determine the nature and extent of the violation. A Remedial Order or Order of Disallowance may be issued thereafter by the Office of Hearings and Appeals. The ERA may commence enforcement proceedings by serving a Notice of Probable Violation, a Notice of Probable Disallowance, a Proposed Remedial Order, a Proposed Order of Disallowance, or an Interim Remedial Order for Immediate Compliance.
Notes of Decisions
United States v. Exxon Corp., 773 F.2d 1240 (Temp. Emerg. Ct. App. 1985).
“288 (1983), on administrative procecures of DOE for notice and hearing on alleged violations; See also Subpart 0, 10 CFR § 205.190 through § 205.199J (1983), on procedures for administrative remedial action and orders.”
Exxon Corp. v. Dep't of Energy, 91 F.R.D. 26 (N.D. Tex. 1981).
“Pursuant to 10 C.F.R. § 205.190 (b), the agency may commence a proceeding to insure compliance with agency regulations by serving a Notice of Probable Violation (“NOPV”).”
Gulf Oil Corp. v. United States Dep't of Energy, 663 F.2d 296 (D.C. Cir. 1981).
“7922 (February 7, 1979); 10 C.F.R. § 205.190 (b) (1981).) OHA will thereafter conduct a hearing with limited rights of discovery and, if it chooses, an evidentiary hearing at which the parties may present evidence on disputed issues of fact and cross-examine witnesses.”
Pennzoil Co. v. Dep't of Energy, 480 F. Supp. 1126 (D. Del. 1979).
· cites it 2× “The regulations currently in effect state the following: “Nothing in these regulations is intended to affect the authority of DOE enforcement officials in coordination with the Department of Justice to initiate appropriate civil or criminal enforcement actions at any time.”
United States v. Thriftyman, Inc., 704 F.2d 1240 (Temp. Emerg. Ct. App. 1983).
“10 C.F.R. § 205.190 . Consequently, the *1248 commencement of an administrative enforcement proceeding does not necessarily demonstrate that civil investigations by the DOE are complete.”
United States v. Merit Petroleum, Inc., 731 F.2d 901 (Temp. Emerg. Ct. App. 1984).
“Further, we note that the procedures concerning an administrative enforcement proceeding, including the issuance of a NOPV and the filing of a Motion for Discovery, do not limit the authority of the DOE to initiate judicial civil enforcement actions in coordination with the…”
United States v. Exxon Corp., 470 F. Supp. 674 (D.D.C. 1979).
“Exxon buttresses this contention by reference to 10 C.F.R. § 205.190 (a), which provides that Nothing in these regulations is intended to affect the authority of ERA enforcement officials in coordination with the Department of Justice to initiate appropriate civil or criminal…”
Canal Refining Co. v. Corrallo, 616 F. Supp. 1035 (D.D.C. 1985).
· cites it 2× “See 10 C.F.R. § 205.190 et seq. The PRO alleges that plaintiff violated the Mandatory Petroleum Allocation and Price Regulations by engaging, from July of 1980 through January of 1981, in a series of sham oil transactions 1 *1037 designed to obtain unlawful benefits under the…”
Bush v. United States, 989 F.2d 509 (Temp. Emerg. Ct. App. 1993).
“10 C.F.R. § 205.190 (1992). Likewise Sub-part P, establishing the investigative procedures and sanctions for violations, also contains a provision for judicial action: Whenever it appears to the Administrator of the DOE, or his delegates, that any person has engaged, is engaged,…”
Derby & Co. v. Dep't of Energy, 524 F. Supp. 398 (S.D.N.Y. 1981).
“See 10 C.F.R. §§ 205.190 et seq. Plaintiffs’ reliance on National Distillers and Chemical Corp.”
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