702.903 Notice of penalty; response; consequences of no response.
(a) The district director will serve a written notice through an electronic method authorized by OWCP or by trackable delivery method on each respondent against whom he or she is considering assessing a penalty. Where service is not accepted by a respondent, the notice will be deemed received by the respondent on the attempted date of delivery.
(b) The notice must set forth theâ€”
(1) Facts giving rise to the penalty;
(2) Statutory and regulatory basis for the penalty;
(3) Amount of the proposed penalty, including an explanation for the amount set;
(4) Consequences of not submitting all documentation to the district director as set forth in paragraph (d) of this section; and
(5) Consequences of failing to timely respond to the notice as set forth in paragraph (e) of this section.
(c) The respondent must respond within 30 days of receipt of the notice. The response may includeâ€”
(1) Documentation regarding any facts relevant to the reason for the penalty; and
(2) Documentation supporting a request for mitigation of the penalty amount under Section 223 of the Small Business Regulatory Enforcement Fairness Act, 5 U.S.C. 601 (note), if the penalty arises under §702.236.
(d) Documentation not presented to the district director may not be admitted in any further proceedings before an Administrative Law Judge or other tribunal unless the respondent demonstrates exceptional circumstances prevented submission to the district director.
(e) If the respondent does not respond within 30 days of receipt of the notice, the assessment and amount of the penalty set forth in the notice will be deemed final, and collection and recovery of the penalty may be instituted under §702.911.
85 FR 80611, Dec. 14, 2020