(a) In the sole discretion of the Board’s general counsel, the general
counsel may, prior to the issuance by the Board of a notice of assessment of
civil penalty, advise the affected person that the issuance of a notice of
assessment of civil penalty is being considered and the reasons and authority
for the proposed assessment. The general counsel may provide the person an
opportunity to present written materials or request a conference with members
of the Board’s staff to show that the penalty should not be assessed or, if
assessed, should be reduced in amount.
