[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

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

[CITE: 15CFR904.102]



[Page 43]

 

                  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    (2) Seek to have the NOVA amended, modified, or rescinded under 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.

    (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.