§ 904.201 - Hearing requests and case docketing.

§ 904.201 Hearing requests and case docketing.

Cross Reference

Link to an amendment published at 87 FR 38937, June 30, 2022.

(a) If the respondent wishes a hearing on a NOVA, NOPS or NIDP, the request must be dated and in writing, and must be served either in person or mailed to in conformance with § 904.3 on the Agency counsel specified in the notice. The respondent must either attach a copy of the NOVA, NOPS or NIDP or refer to the relevant NOAA case number. Agency counsel will promptly forward the request for hearing to the ALJ Docketing CenterOffice of Administrative Law Judges.

(b) Any party requesting a hearing under § 904.102(a)(3) must provide current contact information, including a working telephone number and email address (if one is available). The Agency and the Office of Administrative Law Judges must be promptly notified of any changes to this information.

(c) If a written application is made to NOAA after the expiration of the time period established in this part for the required filing of hearing requests, Agency counsel will promptly forward the request for hearing along with

a motion in opposition,

documentation of service and any other relevant materials to the

ALJ Docketing Center

Office of Administrative Law Judges for a determination on whether such request shall be considered timely filed. Determinations by the

ALJ

Judge regarding untimely hearing requests under this section shall be in writing.

(

c

d) Upon its receipt for filing in the

ALJ Docketing Center

Office of Administrative Law Judges, each request for hearing will be promptly assigned a docket number and thereafter the proceeding will be referred to by such number. Written notice of the assignment of hearing to a Judge will promptly be given to the parties.

[87 FR 38937, June 30, 2022]