§ 904.101 - Notice of violation and assessment (NOVA).

§ 904.101 Notice of violation and assessment (NOVA).

Cross Reference

Link to an amendment published at 87 FR 38937, June 30, 2022.

(a) A NOVA will be issued by NOAA and served upon on the respondent(s). The NOVA will contain:

(1) A concise statement of the facts believed to show a violation;

(2) A specific reference to the provisions of the Act, regulation, license, permit, agreement, or order allegedly violated;

(3) The findings and conclusions upon which NOAA bases the assessment;

(4) The amount of the civil penalty assessed; and

(5) Information concerning the respondent's rights upon receipt of the NOVA, and will be accompanied by a copy of the regulations in this part governing the proceedings.

(b) In assessing a civil penalty, NOAA will take into account information available to the Agency concerning any factor to be considered under the applicable statute, and any other information that justice or the purposes of the statute require.

(c) The NOVA may also contain a proposal for compromise or settlement of the case. NOAA may also attach documents that illuminate the facts believed to show a violation.

[71 FR 12448, Mar. 10, 2006, as amended at 87 FR 38937, June 30, 2022]