15 C.F.R. § 904.200

Scope and applicability

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(a) This subpart sets forth the procedures governing the conduct of hearings and the issuance of initial and final administrative decisions of NOAA involving alleged violations of the laws cited in § 904.1(c) and any other laws or authorities administered by NOAA 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) The Judge is delegated authority to make the initial or final administrative decision of the Agency 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 constitutional issues or challenges to the validity of regulations promulgated by the Agency or statutes administered by NOAA.

(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.

[71 FR 12448, Mar. 10, 2006, as amended at 87 FR 38937, June 30, 2022]

Notes of Decisions

Cited in 4 cases, 1995–2014 · leading case: United States v. Wade E. Menendez, United States of Am. v. Raymond E. Plaisance, United States of Am. v. Tony Dung Van Nguyen, 48 F.3d 1401 (5th Cir. 1995).

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United States v. Wade E. Menendez, United States of Am. v. Raymond E. Plaisance, United States of Am. v. Tony Dung Van Nguyen, 48 F.3d 1401 (5th Cir. 1995). “" 15 C.F.R. § 904.200 (b). 5 . These attached exhibits included the following documents: a January 31, 1990, NOAA letter to Nguyen enclosing a copy of the amended NOVA; the ALJ's June 19, 1990, decision; the Deputy Undersecretary's February 13, 1991, order denying discretionary…”

Gonzalez v. United States Dep't of Com., Nat'l Oceanic & Atmospheric Admin., 695 F. Supp. 2d 474 (S.D. Tex. 2010). “15 C.F.R. § 904.200 (“The [Administrative Law] Judge has no authority to rule on constitutional issues or challenges to the validity of regulations promulgated by the Agency or statutes administered by NOAA”).”

H & L Axelsson, Inc. v. Pritzker, 16 F. Supp. 3d 353 (D.N.J. 2014). · cites it 2× “15 C.F.R. § 904.200 (b). Therefore, the regulations that provide for reporting requirements are deemed valid.”

Gonzalez v. United States Dep't of Com. Nat'l Oceanic & Atmospheric Admin., 420 F. App'x 364 (5th Cir. 2011). “” 15 C.F.R. § 904.200 (b). Rather, those claims are to be pursued in federal court, which Gonzalez has done.”

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