50 C.F.R. § 11.11

Notice of violation

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(a) A notice of violation (hereinafter “notice”), shall be issued by the Director and served personally or by registered or certified mail, return receipt requested, upon the person believed to be subject to a civil penalty (the respondent). The notice shall contain: (1) A concise statement of the facts believed to show a violation, (2) a specific reference to the provisions of the statute or regulation allegedly violated, and (3) the amount of penalty proposed to be assessed. The notice may also contain an initial proposal for compromise or settlement of the case. The notice shall also advise the respondent of his right to file a petition for relief pursuant to § 11.12, or to await the Director's notice of assessment.

(b) The respondent shall have 45 days from the date of the notice of violation in which to respond. During this time he may:

(1) Undertake informal discussions with the Director;

(2) Accept the proposed penalty, or the compromise, if any, offered in the notice;

(3) File a petition for relief; or

(4) Take no action, and await the Director's decision, pursuant to § 11.13.

(c) Acceptance of the proposed penalty or the compromise shall be deemed to be a waiver of the notice ef assessment required by § 11.14, and of the opportunity for a hearing. Any counter offer of settlement shall be deemed a rejection of the proposed offer of compromise.

Notes of Decisions

Cited in 2 cases, 2018–2019 · leading case: Wildlands v. Scott Timber Co., 328 F. Supp. 3d 1119 (D. Or. 2018).

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Wildlands v. Scott Timber Co., 328 F. Supp. 3d 1119 (D. Or. 2018). “50 C.F.R. § 11.11 (a). The notice must include "(1) [a] concise statement of the facts believed to show a violation, (2) a specific reference to the provisions of the statute or regulation allegedly violated, and (3) the amount of penalty proposed to be assessed.”

Global Tropical Imports & Exports Llc v. Bernhardt, 366 F. Supp. 3d 110 (D.C. Cir. 2019). “The Department's procedures for assessing civil penalties are set forth in 50 C.F.R §§ 11.11 -11.17. These regulations provide that if Global fails to pay the penalty within 20 days after the Department's decision becomes effective, "the Solicitor of the Department may request…”

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