(a) Within 15 days of service of a notice or order, the person to whom it was issued may submit written information about the violation to the Office and to the inspector who issued the notice of violation or cessation order. The Office shall consider any information so submitted in determining the facts surrounding the violation and the amount of the penalty.
(b) The Office shall serve a copy of the proposed assessment and of the work sheet showing the computation of the proposed assessment on the person to whom the notice or order was issued, by certified mail, or by any alternative means consistent with the rules governing service of a summons and complaint under Rule 4 of the Federal Rules of Civil Procedure, within 30 days of the issuance of the notice or order. If a copy of the proposed assessment and work sheet or the certified mail is tendered at the address of that person set forth in the sign required under 30 CFR 715.12(b) or at any address at which that person is in fact located, and he or she refuses to accept delivery or to collect such documents, the requirements of this paragraph shall be deemed to have been complied with upon such tender.
(c) Unless a conference has been requested, the Office shall review and reassess any penalty if necessary to consider facts which were not reasonably available on the date of issuance of the proposed assessment because of the length of the abatement period. The Office shall serve a copy of any such reassessment and of the worksheet showing the computation of the reassessment in the manner provided in paragraph (b) of this section, within 30 days after the date the violation is abated.
[45 FR 58783, Sept. 4, 1980, as amended at 56 FR 28445, June 20, 1991]
Notes of Decisions
United States v. Hill, 533 F. Supp. 810 (E.D. Tenn. 1982).
· cites it 2× “30 C.F.R. § 723.17 (a). The conference is conducted by an OSM employee who has had no previous connection with the case.”
B & M Coal Corp. v. Off. of Surface Mining Reclamation & Enf't, 531 F. Supp. 677 (S.D. Ind. 1982).
· cites it 2× “After an assessment conference, held pursuant to 30 C.F.R. § 723.17 , B & M Coal petitioned the Department of the Interior’s Office of Hearings and Appeals (Hearings Office) to review the proposed penalties in accordance with 30 C.”
John Walters Coal Co. v. Watt, 553 F. Supp. 838 (E.D. Ky. 1982).
· cites it 2× “30 CFR § 723.17 (a). The conference is conducted by an OSM employee who has had no previous connection with the case.”
United States v. Log Mountain Mining Co., 550 F. Supp. 811 (E.D. Tenn. 1982).
· cites it 2× “30 C.F.R. § 723.17 (a). The conference is conducted by an OSM employee who has had no previous connection with the case.”
United States v. Crooksville Coal Co., Inc., 560 F. Supp. 141 (S.D. Ohio 1982).
“Pursuant to 30 C.F.R. § 723.17 , the defendant requested a settlement conference within 15 days from receipt of the proposed penalty.”
United States v. Stanley Finley, 835 F.2d 134 (6th Cir. 1987).
· cites it 2× “30 C.F.R. § 723.17 (a). At this “assessment conference,” the operator may be represented by counsel and may present any witnesses, evidence, and arguments he deems appropriate.”
St. James v. Dep't of Env't Prot. & Energy, 646 A.2d 447 (N.J. Super. Ct. App. Div. 1994).
“16 (a) (1977) (now codified at 30 C.F.R. § 723.17 (a) (1982). In this case, as we have previously noted, an informal review was held on July 8, 1980, after which the Notice of Violation was confirmed.”
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