(a) In response to a violation, the Commission may institute a proceeding to impose a civil penalty under section 234 of the Atomic Energy Act by issuing a notice to the licensee:
- (1) Stating the alleged violation and the amount of the proposed penalty;
- (2) Informing the licensee of his right, within 20 days or other specified time, to file a written answer; and
- (3) Advising that a delinquent payment for a subsequently imposed penalty may be referred to the Attorney General for collection pursuant to section 234c. of the Atomic Energy Act.
- (b) If an answer is not filed within the time specified, the Commission will issue an order imposing the proposed penalty.
- (c) If a timely answer is filed, the Commission, after considering the answer, will issue an order dismissing the proceeding or imposing a penalty subject to any required hearing.
- (d) If an order imposing a civil penalty is issued, the licensee may request a hearing within 20 days or other specified time.
- (e) Except when the matter has been referred to the Attorney General for collection, payment of penalties shall be made in U.S. funds using the electronic payment methods accepted at www.Pay.gov.
- (f) An enforcement action to impose a civil penalty will not itself revoke, modify, or suspend any license under this part.
[43 FR 21641, May 19, 1978, as amended at 62 FR 27495, May 20, 1997; 89 FR 51810, June 20, 2024]