§ 209.105 Notice of probable violation.

(a) FRA, through the Office of the Chief Counsel, begins a civil penalty proceeding by serving a notice of probable violation on a person charging him or her with having violated one or more provisions of subchapter A or C of chapter I, subtitle B of this title. FRA's website at https://railroads.dot.gov/contains guidelines used by the Office of the Chief Counsel in making initial penalty assessments. (b) A notice of probable violation issued under this section includes: (1) A statement of the provision(s) which the respondent is believed to have violated; (2) A statement of the factual allegations upon which the proposed civil penalty is being sought; (3) Notice of the maximum amount of civil penalty for which the respondent may be liable; (4) Notice of the amount of the civil penalty proposed to be assessed; (5) A description of the manner in which the respondent should make payment of any money to the United States; (6) A statement of the respondent's right to present written explanations, information or any materials in answer to the charges or in mitigation of the penalty; and (7) A statement of the respondent's right to request a hearing and the procedures for requesting a hearing. (c) The FRA may amend the notice of probable violation at any time prior to the entry of an order assessing a civil penalty. If the amendment contains any new material allegation of fact, the respondent is given an opportunity to respond. In an amended notice, FRA may change the civil penalty amount proposed to be assessed up to and including the maximum penalty amount of $102,348 for each violation, except that if the violation results in death, serious illness or severe injury to any person, or substantial destruction of property, FRA may change the penalty amount proposed to be assessed up to and including the maximum penalty amount of $238,809.