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

15 C.F.R. § 904.304

Opportunity for hearing

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(a) Except as provided in paragraph (b) of this section, the recipient of a NOPS or NIDP will be provided an opportunity for a hearing, as governed by § 904.201.

(b) There will be no opportunity for a hearing to contest a NOPS or NIDP if the permit holder/applicant had a previous opportunity to participate as a party in an administrative or judicial proceeding with respect to the violation that forms the basis for the NOPS or NIDP, whether or not the permit holder/applicant did participate, and whether or not such a proceeding was held.

[71 FR 12448, Mar. 10, 2006, as amended at 87 FR 38941, June 30, 2022]
Notes of Decisions
Cited in 3 cases, 2009–2010 · leading case: Gonzalez v. United States Dep't of Com., Nat'l Oceanic & Atmospheric Admin., 695 F. Supp. 2d 474 (S.D. Tex. 2010).
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Gonzalez v. United States Dep't of Com., Nat'l Oceanic & Atmospheric Admin., 695 F. Supp. 2d 474 (S.D. Tex. 2010). · cites it 15× “(citing 15 C.F.R. § 904.304 (b)).) The second NOPS/NIDP was issued on October 25, 2005 and also addressed to all of the corporate plaintiffs.”
Gonzalez v. United States Dep't of Com. Nat'l Oceanic & Atmospheric Admin., 632 F. Supp. 2d 642 (S.D. Tex. 2009). · cites it 2× “, the permit sanctions related to NOVAs 1412 and 30369) because they had had a previous opportunity to participate as a party in an administrative hearing on the underlying NOVAs pursuant to 15 C.F.R. § 904.304 (b), which provides: There will be no opportunity for a hearing if,…”
Gonzalez v. Us Dept. of Com. Nat. Oceanic, 632 F. Supp. 2d 642 (S.D. Tex. 2009). · cites it 2× “, the permit sanctions related to NOVAs 1412 and 30369) because they had had a previous opportunity to participate as a party in an administrative hearing on the underlying NOVAs pursuant to 15 C.F.R. § 904.304 (b), which provides: There will be no opportunity for a hearing if,…”
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