[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: 45CFR672.7]



[Page 234-235]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.7  Issuance of complaint.



    (a) General. If the complainant has reason to believe that a person 

has violated any provision of the Antarctic Conservation Act, other Act 

or attendant regulations, or a permit issued under the ACA, he may 

institute a proceeding for the assessment of a civil penalty or other 

sanctions by issuing a complaint under the Act and these rules.

    (b) If the complainant has reason to believe that (1) a permittee 

violated any term or condition of the permit, or (2) a permittee 

misrepresented or inaccurately described any material fact in the permit 

application or failed to disclose all relevant facts in the permit 

application, or (3) other good cause exists for such action, he may 

institute a proceeding for the revocation or suspension of a permit by 

issuing a complaint under the Act and these rules. A complaint may seek 

suspension or revocation of a permit in addition to the assessment of a 

civil penalty.

    (c) Content and amendment of the complaint. All complaints shall 

include:

    (1) A statement reciting the section(s) of the Act, regulations, 

and/or permit authorizing the issuance of the complaint;

    (2) A concise statement of the factual basis for all alleged 

violations; and

    (3) Notice of the respondent's right to request a hearing on any 

material fact contained in the complaint, or on the appropriateness of 

the proposed sanction.

    (d) Each complaint for the assessment of a civil penalty shall also 

include:

    (1) Specific reference to each provision of the Act and implementing 

regulations which respondent is alleged to have violated;

    (2) The amount of the civil penalty which is proposed to be 

assessed; and

    (3) A statement explaining the reasoning behind the proposed 

penalty;



[[Page 235]]



    (e) Each complaint for the revocation or suspension of a permit 

shall also include:

    (1) Specific reference to each term or condition of the permit which 

the respondent is alleged to have violated, to each alleged inaccuracy 

or misrepresentation in respondent's permit application, to each fact 

which the respondent allegedly failed to disclose in his permit 

application, or to other reasons which form the basis for the complaint;

    (2) A request for an order to either revoke or suspend the permit 

and a statement of the terms and conditions of any proposed partial 

suspension or revocation; and

    (3) A statement indicating the basis for recommending the 

revocation, rather than the suspension, of the permit, or vice versa.

    A copy of these rules shall accompany each complaint served.

    (f) Derivation of proposed civil penalty. The complainant shall 

determine the dollar amount of the proposed civil penalty in accordance 

with any criteria set forth in the Act and with any civil penalty 

guidance issued by NSF.

    (g) Amendment of the complaint. The complainant may amend the 

complaint once as a matter of right at any time before the answer is 

filed. Otherwise the complainant may amend the complaint only upon 

motion granted by the Presiding Officer. Respondent shall have twenty 

(20) additional days from the date of service of the amended complaint 

to file his answer.

    (h) Withdrawal of the complaint. The complainant may withdraw the 

complaint, or any part thereof, without prejudice one time before the 

answer has been filed. After one withdrawal before the filing of an 

answer, or after the filing of an answer, the complainant may withdraw 

the complaint, or any part thereof, without prejudice, only upon motion 

granted by the Presiding Officer.

    (i) Complainant, in cooperation with the Office of General Counsel, 

may refer cases to the Department of Justice for possible criminal 

prosecution if there is reason to believe that respondent willfully 

violated the Antarctic Conservation Act or its attendant regulations. 

Such referral does not automatically preclude NSF from proceeding 

administratively under the Act and these rules against the same 

respondent.