Ask X3What does 49 CFR 107.311 (Notice of probable violation) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
As Ask X3, your fleet-compliance assistant, here is what is required according to 49 CFR 107.311:
When the Office of Chief Counsel issues a notice of probable violation under 49 CFR 107.311, it must include the following specific information:
1. Citations: A citation of the specific provisions, orders, special permit terms, or laws that the Office of Chief Counsel believes you are violating or have violated.
2. Factual Allegations: A statement of the facts that the demand for a civil penalty, remedial action, or both is based upon.
3. Right to Respond: A statement informing you of your right to present written or oral explanations, information, and arguments to answer the allegations and to help reduce (mitigate) any proposed sanction.
4. Hearing Rights: A statement explaining your right to request a hearing, along with the procedures for doing so.
5. Proposed Compliance Actions: If the notice proposes a compliance order, it must state the specific actions you are required to take to achieve compliance.
6. Civil Penalty Details: If the notice proposes a civil penalty, it must include:
* A statement of the maximum civil penalty you could face.
* The preliminary penalty amount being sought by the Office of Chief Counsel (which acts as the maximum amount the Chief Counsel can seek throughout the entire proceeding).
* Instructions and a description of how you can make a payment to the United States if money becomes due as a result of the proceeding.