§ 215.409 Demand letter.

(a) FRA, through the Office of the Chief Counsel, begins a civil penalty proceeding under § 215.407(a) by serving a demand letter on a railroad freight car manufacturer, charging the railroad freight car manufacturer with having violated one or more provisions of this subpart. (b) A demand letter 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 monetary penalty is being sought; (3) Notice of the maximum amount of civil monetary penalty for which the respondent may be liable; (4) Notice of the amount of the civil monetary penalty proposed; (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) FRA may amend the demand letter at any time prior to completion of a fully executed settlement agreement or the entry of an order to pay a civil monetary penalty. If the amendment contains any new material allegation of fact, the respondent is given an opportunity to respond. In an amended demand letter, FRA may change the civil monetary penalty amount initially proposed, up to the maximum penalty amount for each violation.