10 CFR § 851.42 - Preliminary notice of violation.

---
identifier: "/us/cfr/t10/s851.42"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 851.42 - Preliminary notice of violation."
title_number: 10
title_name: "Energy"
section_number: "851.42"
section_name: "Preliminary notice of violation."
chapter_name: "DEPARTMENT OF ENERGY"
part_number: "851"
part_name: "WORKER SAFETY AND HEALTH PROGRAM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42 U.S.C. 5801  42 U.S.C. 7101  50 U.S.C. 2401  28 U.S.C. 2461 note."
regulatory_source: "71 FR 6931, Feb. 9, 2006, unless otherwise noted."
cfr_part: "851"
---


# 851.42 Preliminary notice of violation.

(a) Based on a determination by the Enforcement Director that there is a reasonable basis to believe a contractor has violated or is continuing to violate a requirement of this part, the Enforcement Director may issue a preliminary notice of violation (PNOV) to the contractor.

(b) A PNOV must indicate:

(1) The date, facts, and nature of each act or omission upon which each alleged violation is based;

(2) The particular requirement involved in each alleged violation;

(3) The proposed remedy for each alleged violation, including the amount of any civil penalty; and

(4) The obligation of the contractor to submit a written reply to the Enforcement Director within 30 calendar days of receipt of the PNOV.

(c) A reply to a PNOV must contain a statement of all relevant facts pertaining to an alleged violation.

(1) The reply must:

(i) State any facts, explanations and arguments that support a denial of the alleged violation;

(ii) Demonstrate any extenuating circumstances or other reason why a proposed remedy should not be imposed or should be mitigated;

(iii) Discuss the relevant authorities that support the position asserted, including rulings, regulations, interpretations, and previous decisions issued by DOE; and

(iv) Furnish full and complete answers to any questions set forth in the preliminary notice.

(2) Copies of all relevant documents must be submitted with the reply.

(d) If a contractor fails to submit a written reply within 30 calendar days of receipt of a PNOV:

(1) The contractor relinquishes any right to appeal any matter in the preliminary notice; and

(2) The preliminary notice, including any proposed remedies therein, constitutes a final order.

(e) A copy of the PNOV must be prominently posted, once final, at or near the location where the violation occurred until the violation is corrected.

[71 FR 6931, Feb. 9, 2006, as amended at 88 FR 41294, June 26, 2023]