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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 15 - Commerce and Foreign Trade |
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Subtitle B - Regulations Relating to Commerce and Foreign Trade |
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Chapter IX - National Oceanic and Atmospheric Administration, Department of Commerce |
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SubChapter A - General Regulations |
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Part 904 - Civil Procedures |
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Subpart D - Permit Sanctions and Denials |
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General |
§ 904.304 - Opportunity for hearing.
Latest version.
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§ 904.304 Opportunity for hearing.
(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 if, with respect to the violation that forms the basis for the 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 hearing proceeding was held.
[71 FR 12448, Mar. 10, 2006, as amended at 87 FR 38941, June 30, 2022]