§ 400.61 - Revocation of authority.

§ 400.61 Revocation of authority.

Cross Reference

Link to an amendment published at 89 FR 8530, Feb. 8, 2024.

(a) In general. As provided in this section, the Board can revoke in whole or in part authority for a zone or subzone (see § 400.2(h)) whenever it determines that the zone grantee has violated, repeatedly and willfully, the provisions of the Act.

(b) Procedure. When the Board has reason to believe that the conditions for revocation, as described in paragraph (a) of this section, are met, the Board shall:

(1) Notify the grantee of the zone in question in writing stating the nature of the alleged violations, provide the grantee an opportunity to request a hearing on the proposed revocation, and notify any known operators in the zone;

(2) Conduct a hearing, if requested or otherwise if appropriate;

(3) Make a determination on the record of the proceeding not earlier than four months after providing notice to the zone grantee under paragraph (b)(1) of this section; and

(4) If the Board's determination is affirmative, publish a notice of revocation of authority, in whole or in part, in the Federal Register.

(c) Appeals. As provided in section 18 of the Act (19 U.S.C. 81r(c)), the grantee of the zone or subzone in question may appeal an order of the Board revoking authority.

[77 FR 12139, Feb. 28, 2012, as amended at 89 FR 8530, Feb. 8, 2024]