C.F.R. » Title 15 » CHAPTER IX—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL REGULATIONS › PART 904—CIVIL PROCEDURES › Subpart C—Hearing and Appeal Procedures

15 C.F.R. § 904.272

Petition for reconsideration

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Unless an order or Initial Decision of the Judge specifically provides otherwise, any party may file a petition for reconsideration of an order or Initial Decision issued by the Judge. Such petitions must state the matter claimed to have been erroneously decided, and the alleged errors and relief sought must be specified with particularity. Petitions must be filed within 20 days after the service of such order or Initial Decision. The filing of a petition for reconsideration shall operate as a stay of an order or Initial Decision or its effectiveness date unless specifically so ordered by the Judge. Within 15 days after the petition is filed, any party to the administrative proceeding may file an answer in support or in opposition.

[87 FR 38940, June 30, 2022]
Notes of Decisions
Cited in 3 cases, 1987–1995 · 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. § 904.272 . Alternatively, a party may file a petition for discretionary review with the Administrator of NOAA within thirty days of service of the challenged ALJ decision (the Administrator may also decide to review the ALJ decision “upon his or her own initiative”).”
Kelley v. Calio, 831 F.2d 190 (9th Cir. 1987). “See 15 C.F.R. § 904.272 (c)(4). On July 22, 1985, the Administrator denied the Kelleys’ petition and affirmed the AU’s decision.”
United States v. Nguyen, 847 F. Supp. 496 (S.D. Miss. 1994). “After dismissal by the ALJ, the defendant failed to seek reconsideration by the ALJ within the 20 days allowed under 15 C.F.R. Section 904.272. Additionally, the defendant failed to seek administrative review of the ALJ's decision within the 30 days allowed under C.”
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