Notice of proposed determination

(a) If a penalty is proposed in accordance with this part, the Secretary must deliver, or send by certified mail with return receipt requested, to the respondent, written notice of the Secretary's intent to impose a penalty. This notice of proposed determination must include— (1) Reference to the statutory basis for the penalty; (2) A description of the findings of fact regarding the violations with respect to which the penalty is proposed (except that, in any case where the Secretary is relying upon a statistical sampling study in accordance with § 160.536 of this part, the notice must provide a copy of the study relied upon by the Secretary); (3) The reason(s) why the violation(s) subject(s) the respondent to a penalty; (4) The amount of the proposed penalty and a reference to the subparagraph of