- (a) The General Counsel (or delegee) shall provide notice of any proposed civil penalty.
(b) The notice of proposed penalty shall:
- (1) Include the amount of the proposed penalty;
- (2) Include a statement of the material facts constituting the alleged violation; and
- (3) Inform the person of the opportunity to elect in writing within 30 calendar days of receipt of the notice to have the procedures of § 429.128 (in lieu of those of § 429.126) apply with respect to the penalty.