10 C.F.R. § 205.286

Limitations on amount of refunds

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(a) The aggregate amount of all refunds approved by the Office of Hearings and Appeals or its designee in a given case shall not exceed the amount to be remitted pursuant to the relevant DOE enforcement order, plus any accumulated interest, reduced by the amount of any administrative costs approved by the Office of Hearings and Appeals. In the event that the aggregate amount of approved claims exceeds the aggregate amount of funds specified above, the Office of Hearings and Appeals may make refunds on a pro rata basis. The Office of Hearings and Appeals may delay payment of any refunds until all Applications have been processed.

(b) The Office of Hearings and Appeals may decline to consider Applications for refund amounts that, in view of the direct administrative costs involved, are too small to warrant individual consideration.

Notes of Decisions

Cited in 2 cases, 1985–1986 · leading case: RJG Cab, Inc. v. Hodel, 797 F.2d 111 (3rd Cir. 1986).

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RJG Cab, Inc. v. Hodel, 797 F.2d 111 (3rd Cir. 1986). “OHA need not consider applications for refund amounts that are too small to justify the administrative costs involved in processing *114 them, 10 C.F.R. § 205.286 (b), and “any remaining funds remitted pursuant to the Remedial Order or Consent Order shall be deposited in the…”

In re the Dep't of Energy Stripper Well Exemption Litig., 608 F. Supp. 1104 (D. Kan. 1985). “-286(a), or entirely refuse to consider a claim application deemed too small to warrant consideration, 10 C.F.R. § 205.286 (b). Furthermore, refunds may not be paid out to injured parties absent written order of the OHA.”

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