[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: 45CFR672.2]



[Page 230]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.2  Definitions.



    (a) Throughout these rules, words in the singular also include the 

plural, and words in the masculine gender also include the feminine, and 

vice versa.

    (b) Act means the particular statute authorizing the initiation of 

the proceeding.

    (c) Administrative Law Judge means an Administrative Law Judge 

appointed under 5 U.S.C. 3105 (see also Pub. L. 95-251, 92 Stat. 183).

    (d) Complainant means any person authorized to issue a complaint on 

behalf of the Agency to persons alleged to be in violation of the Act. 

The complainant shall not be the Presiding Officer or any other person 

who will participate or advise in the decision.

    (e) Complaint means a written communication, alleging one or more 

violations of specific provisions of the Act, Treaties, NSF regulations 

or a permit promulgated thereunder, issued by the complainant to a 

person under this subpart.

    (f) Consent Agreement means any written document, signed by the 

parties, containing stipulations or conclusions of fact or law, and a 

proposed penalty, revocation or suspension of a permit, or other 

sanction.

    (g) Director means the Director of the National Science Foundation 

(NSF) or his delegatee.

    (h) Final Order means (1) an order issued by the Director after an 

appeal of an initial decision, accelerated decision, a decision to 

dismiss, or default order, or (2) an initial decision which becomes a 

final order.

    (i) Foundation, Agency, or NSF means the National Science 

Foundation.

    (j) Hearing means a hearing on the record open to the public and 

conducted under these rules.

    (k) Hearing Clerk is the person with whom all pleadings, motions, 

and other documents required under this subpart are filed.

    (l) Initial Decision means the decision issued by the Presiding 

Officer based upon the official record of the proceedings.

    (m) Party means any person that participates in a hearing as 

complainant, respondent, or intervenor.

    (n) Permit means a permit issued under section 5 of the Antarctic 

Conservation Act of 1978, 16 U.S.C. section 2404.

    (o) Person includes any individual, partnership, association, 

corporation, and any trustee, assignee, receiver or legal successor 

thereof; any organized group of persons whether incorporated or not; and 

any officer, employee, agent, department, agency or instrumentality of 

the Federal Government. of any State or local unit of government, or of 

any foreign government.

    (p) Presiding Officer means the attorney designated by the Director 

to conduct hearings or other proceedings under this subpart.

    (q) Respondent means any person proceeded against in the complaint.

    (r) Terms defined in the Act and not defined in these rules of 

practice are used consistent with the meanings given in the Act.



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