[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR672.1]



[Page 229-230]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.1  Hearing procedures--Scope of these rules.









Sec.

672.1 Hearing procedures--Scope of these rules.

672.2 Definitions.

672.3 Powers and duties of the Director; Presiding Official; Office of 

          Polar Programs.

672.4 Filing, service, and form of pleadings and documents.

672.5 Filing and service of rulings, orders, and decisions.

672.6 Appearances.

672.7 Issuance of complaint.

672.8 Answer to the complaint.

672.9 Motions.

672.10 Default order.

672.11 Informal settlement; consent agreement and order.

672.12 Prehearing conference.

672.13 Accelerated decision; decision to dismiss.

672.14 Scheduling the hearing.

672.15 Evidence.

672.16 Objections and offers of proof.

672.17 Burden of presentation; burden of persuasion.

672.18 Filing the transcript.

672.19 Proposed findings, conclusions, and order.



[[Page 230]]



672.20 Initial decision.

672.21 Appeal from or review of interlocutory orders or rulings.

672.22 Appeal from or review of initial decision.

672.23 Final order on appeal.

672.24 Maximum civil monetary penalties for violations.



    Authority: 16 U.S.C. 2401 et seq., 28 U.S.C. 2461 note.



    Source: 54 FR 7132, Feb. 16, 1989, unless otherwise noted. 

Redesignated at 58 FR 34718, June 29, 1993.





    (a) These hearing rules govern all adjudicatory proceedings for the 

assessment of civil penalties or imposition of other sanctions pursuant 

to the Antarctic Conservation Act of 1978, 16 U.S.C. 2407; 2404(f); 

2401-2412; and

    (b) Other adjudicatory proceedings that the Foundation, in its 

discretion, determines are appropriate for handling under these rules, 

including proceedings governed by the Administrative Procedure Act 

requirements for ``hearings on the record.'' 5 U.S.C. 554 (1982).

    (c) Questions arising at any stage of the proceeding which are not 

addressed in these rules shall be resolved at the discretion of the 

Director or Presiding Officer.