[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1150.48]

[Page 288-289]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
PART 1150--PRACTICE AND PROCEDURES FOR COMPLIANCE HEARINGS--Table of Contents
 
     Subpart E--Proceedings Prior to Hearings; Pleadings and Motions
 
Sec. 1150.48  PER: Citation, answer, amendment.

    (a) Unless otherwise specified, other relevant sections shall apply 
to PER proceedings.
    (b) In addition to all other forms of relief requested, the citation 
shall request PER when it appears to the Executive Director that 
immediate and irreparable harm from noncompliance with the standard is 
occurring or is about to occur. Citations requesting PER shall recite 
specific facts and include the affidavit or the notarized complaint upon 
which the PER request is based. Citations requesting PER shall recite 
that a hearing regarding PER has been scheduled to take place eight (8) 
days after receipt of the citation. Citations requesting PER may be 
filed without prejudice to proceedings in which PER is not requested and

[[Page 289]]

without prejudice to further proceedings if PER is denied. The time and 
place of hearing fixed in the citation shall be reasonable and shall be 
subject to change for cause.
    (c) Answers to citations requesting PER shall be in the form of all 
answers, as set forth in Sec. 1150.43, and must be filed within four (4) 
days after receipt of the citation. Answers shall recite in detail, by 
affidavit or by notarized answer, why the PER requested should not be 
granted.
    (d) When a citation contains both a request for relief to ensure 
compliance with a standard and a request for PER, an answer to the PER 
request shall be filed in accordance with paragraph (c) of this section 
and an answer to a request for other relief shall be filed in accordance 
with Sec. 1150.43.
    (e) Citations and answers in PER proceedings may not be amended 
prior to hearing. Citations and answers in PER proceedings may be 
amended at the hearing with the permission of the judge.