16 CFR § 1.93 - Notice of proposed penalty.

---
identifier: "/us/cfr/t16/s1.93"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "16 CFR § 1.93 - Notice of proposed penalty."
title_number: 16
title_name: "Commercial Practices"
section_number: "1.93"
section_name: "Notice of proposed penalty."
chapter_name: "FEDERAL TRADE COMMISSION"
subchapter_number: "A"
subchapter_name: "ORGANIZATION, PROCEDURES AND RULES OF PRACTICE"
part_number: "1"
part_name: "GENERAL PROCEDURES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 46; 15 U.S.C. 57a; 5 U.S.C. 552; 5 U.S.C. 601 note."
regulatory_source: "32 FR 8444, June 13, 1967, unless otherwise noted."
cfr_part: "1"
---


# 1.93 Notice of proposed penalty.

(a) *Notice.* Before issuing an order assessing a civil penalty under this subpart against any person, the Commission shall provide to such person notice of the proposed penalty. This notice shall:

(1) Inform such person of the opportunity to elect in writing within 30 days of receipt of the notice of proposed penalty to have procedures of § 1.95 (in lieu of those of § 1.94) apply with respect to such assessment; and

(2) Include a copy of a proposed complaint conforming to the provision of § 3.11(b) (1) and (2) of the Commission's Rules of Practice, or a statement of the material facts constituting the alleged violation and the legal basis for the proposed penalty; and

(3) Include the amount of the proposed penalty; and

(4) Include a statement of the procedural rules that the Commission will follow if respondent elects to proceed under § 1.94 unless the Commission chooses to follow subparts B, C, D, E, and F of part 3 of this chapter.

(b) *Election.* Within 30 days of receipt of the notice of proposed penalty, the respondent shall, if it wishes to elect to have the procedures of § 1.95 apply, notify the Commission of the election in writing. The notification, to be filed in accordance with § 4.2 of this chapter, may include any factual or legal reasons for which the proposed assessment order should not issue, should be reduced in amount, or should otherwise be modified.