(a) When the Vessel Transfer Office decides to proceed under this section, that Office shall notify the Party in writing by registered or certified mail—
- (1) Of the alleged violation and the applicable statute and regulations;
- (2) Of the maximum penalty that may be assessed for each violation;
- (3) Of a summary of the evidence supporting the violation;
- (4) Of the penalty that the Vessel Transfer Officer will accept in settlement of the violation;
- (5) Of the right to examine all the material in the case file and have a copy of all written documents provided upon request;
- (6) That by accepting the penalty, the Party waives the right to have the matter considered by a Hearing Officer in accordance with §§ 221.73 to 221.89 of this subpart, and that if the Party elects to have the matter considered by a Hearing Officer, the Hearing Officer may assess a penalty less than, equal to, or greater than that stipulated in settlement if the Hearing Officer finds that a violation occurred; and
- (7) That a violation will be kept on record and may be used by the Maritime Administration in aggravation of an assessment of a penalty for a subsequent violation by that Party.