(a) Within 15 days after publication of the notice of a Proposed Remedial Order in the Federal Register any aggrieved person may file a Notice of Objection to the Proposed Remedial Order with the Office of Hearings and Appeals. The Notice shall be filed in duplicate, shall briefly describe how the person would be aggrieved by issuance of the Proposed Remedial Order as a final order and shall state the person's intention to file a Statement of Objections. No confidential information shall be included in a Notice of Objection. The DOE shall place one copy of the Notice in the Office of Hearings and Appeals Public Docket Room.
(b) A person who fails to file a timely Notice of Objection shall be deemed to have admitted the findings of fact and conclusions of law as stated in the Proposed Remedial Order. If a Notice of Objection is not filed as provided by paragraph (a) of this section, the Proposed Remedial Order may be issued as a final order.
(c) A person who files a Notice of Objection shall on the same day serve a copy of the Notice upon the person to whom the Proposed Remedial Order is directed, the DOE Office that issued the Proposed Remedial Order, and the DOE Assistant General Counsel for Administrative Litigation.
(d) The Notice shall include a certification of compliance with the provisions of this section, the names and addresses of each person served with a copy of the Notice, and the date and manner of service.
(e) If no person files a timely Notice of Objection, ERA may request the Office of Hearings and Appeals to issue the Proposed Remedial Order as a final Remedial Order.
(f) In order to exhaust administrative remedies with respect to a Remedial Order proceeding, a person must file a timely Notice of Objection and Statement of Objections with the Office of Hearings and Appeals.
Notes of Decisions
Texaco, Inc. v. Dep't of Energy, 490 F. Supp. 874 (D. Del. 1980).
· cites it 2× “10 C.F.R. § 205.193 (e). If, however, the PRO is contested, the enforcement process proceeds to its third stage, an adversary, adjudicatory hearing before the OHA.”
United States Dep't of Energy v. West Texas Mktg. Corp., 763 F.2d 1411 (Temp. Emerg. Ct. App. 1985).
“10 C.F.R. § 205.193 . If objection is made, the OHA may, after further proceedings, issue a final remedial order adopting, modifying or rescinding the findings and conclusions contained in the DOE’s proposed remedial order, or may determine that no final remedial order should be…”
Nat'l Distillers & Chem. Corp. v. Dep't of Energy, 498 F. Supp. 707 (D. Del. 1980).
“10 C.F.R. § 205.193 . If such objections are filed, the matter is referred to the Office of Hearings and Appeals (“OHA”), an independent office within DOE, wholly separate from the prosecutorial functions of the ERA, and an adjudicatory proceeding, complete with discovery,…”
Fort Pierce Utils. Auth. v. Dep't of Energy, 503 F. Supp. 1014 (D.D.C. 1980).
“If the recipient files a Notice of Objection to the PRO under 10 C.F.R. § 205.193 (a), an enforcement proceeding then takes place before the Office of Hearings and Appeals (OHA), an independent, quasi-judicial entity within DOE.”
United States v. Gulf Oil Corp., 408 F. Supp. 450 (W.D. Pa. 1975).
“Defendants’ interpretation of the regulations fails to take 10 C.F.R. § 205.193 into account; the provision specifically utilized by the FEA in this case.”
Consol. Edison Co. v. O'Leary, 131 F.3d 1475 (Fed. Cir. 1997).
“See 10 C.F.R. §§ 205.193 -.199B. The Office of Hearings and Appeals permitted the appellants to participate in the proceedings before it.”
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