[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR904.102]

[Page 44-45]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 904_CIVIL PROCEDURES--Table of Contents
 
                        Subpart B_Civil Penalties
 
Sec. 904.102  Procedures upon receipt of a NOVA.

    (a) The respondent has 30 days from receipt of the NOVA in which to 
respond. During this time the respondent may:
    (1) Accept the penalty or compromise penalty, if any, by taking the 
actions specified in the NOVA;
    (2) Seek to have the NOVA amended, modified, or rescinded under 
paragraph (b) of this section;
    (3) Request a hearing under paragraph (e) of this section;
    (4) Request an extension of time to respond under paragraph (c) of 
this section; or
    (5) Take no action, in which case the NOVA becomes final in 
accordance with Sec. 904.104. The procedures set forth in paragraphs 
(a) (2), (3), (4), and (5) of this section may also be exercised by the 
permit holder or vessel owner.

[[Page 45]]

    (b) The respondent, the permit holder, or the vessel owner may seek 
amendment or modification of the NOVA to conform to the facts or law as 
that person sees them by notifying Agency counsel at the telephone 
number or address specified in the NOVA. If amendment or modification is 
sought, Agency counsel will either amend the NOVA or decline to amend 
it, and so notify the respondent, permit holder, or vessel owner, as 
appropriate.
    (c) The respondent, permit holder, or vessel owner may, within the 
30-day period specified in paragraph (a) of this section, request an 
extension of time to respond. Agency counsel may grant an extension of 
up to 30 days unless he or she determines that the requester could, 
exercising reasonable diligence, respond within the 30-day period. If 
Agency counsel does not respond to the request within 48 hours of its 
receipt, the request is granted automatically for the extension 
requested, up to a maximum of 30 days. A telephonic response to the 
request within the 48-hour period is considered an effective response, 
and will be followed by written confirmation.
    (d) Agency counsel may, for good cause, grant an additional 
extension beyond the 30-day period specified in paragraph (c) of this 
section.
    (e) If the respondent, the permit holder, or the vessel owner wishes 
a hearing, the request must be dated and in writing, and must be served 
either in person or mailed to the address specified in the NOVA. The 
requester must either attach a copy of the NOVA or refer to the relevant 
NOAA case number. Agency counsel will promptly forward the request for 
hearing to the Office of Administrative Law Judges.
    (f) Any denial, in whole or in part, of any request under this 
section that is based upon untimeliness will be in writing.
    (g) Agency counsel may, in his or her discretion, treat any 
communication from a respondent, a permit holder, or vessel owner as a 
request for a hearing under paragraph (e) of this section.