(a) If we determine that a Tribe is subject to a penalty, we will notify the Tribe in writing. This notice will:
(1) Specify what penalty provision(s) are in issue;
(2) Specify the amount of the penalty;
(3) Specify the reason for our determination;
(4) Explain how and when the Tribe may submit a reasonable cause justification under § 286.225 and/or a corrective compliance plan under § 286.230(d) for those penalties for which reasonable cause and/or corrective compliance plan apply; and
(5) Invite the Tribe to present its arguments if it believes that the data or method we used were in error or were insufficient, or that the Tribe's actions, in the absence of Federal regulations, were based on a reasonable interpretation of the statute.
(b) Within 60 days of receipt of our written notification, the Tribe may submit a written response to us that:
(1) Demonstrates that our determination is incorrect because our data or the method we used in determining the penalty was in error or was insufficient, or that the Tribe acted prior to June 19, 2000, on a reasonable interpretation of the statute;
(2) Demonstrates that the Tribe had reasonable cause for failing to meet the requirement(s); and/or
(3) Provides a corrective compliance plan as discussed in § 286.230.
(c) If we find that the Tribe was correct and that a penalty was improperly determined, or find that a Tribe had reasonable cause for failing to meet a requirement, we will not impose the related penalty and so notify the Tribe in writing within two weeks of such a determination.
(d) If we determine that the Tribe has not demonstrated that our original determination was incorrect or that it had reasonable cause, we will notify the Tribe of our decision in writing.
(e) If we request additional information from a Tribe, it must provide the information within thirty days of the date of our request.