[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: 15CFR904.200]



[Page 46]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 904_CIVIL PROCEDURES--Table of Contents

 

                 Subpart C_Hearing and Appeal Procedures

 

Sec. 904.200  Scope and applicability.



                                 General





    (a) This subpart sets forth the procedures governing the conduct of 

hearings and the issuance of initial and final decisions of NOAA in 

administrative proceedings involving alleged violations of the laws 

cited in Sec. 904.1(c) and regulations implementing these laws, 

including civil penalty assessments and permit sanctions and denials. By 

separate regulation, these rules may be applied to other proceedings.

    (b) Subject to the administrative direction of the Chief 

Administrative Law Judge, each Administrative Law Judge (Judge) assigned 

by the Chief Administrative Law Judge is delegated authority to make the 

initial or final decision of the Agency (whichever is made appropriate 

by regulation outside this subpart) in proceedings subject to the 

provisions of this subpart, and to take actions to promote the efficient 

and fair conduct of hearings as set out in this subpart. The Judge has 

no authority to rule on challenges to the validity of regulations 

promulgated by the Agency.

    (c) This subpart is not an independent basis for claiming the right 

to a hearing, but instead prescribes procedures for the conduct of 

hearings, the right to which is provided by other authority.