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Code of Federal Regulations (Last Updated: April 5, 2024) |
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Title 43 - Public Lands: Interior |
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Subtitle A - Office of the Secretary of the Interior |
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Part 4 - Department Hearings and Appeals Procedures |
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Subpart L - Special Rules Applicable to Surface Coal Mining Hearings and Appeals |
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Proceedings for Suspension or Revocation of Permits Under Section 521(a)(4) of the Act |
§ 4.1190 - Initiation of proceedings.
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§ 4.1190 Initiation of proceedings.
(a) A proceeding on a show cause order issued by the Director of OSM pursuant to section 521(a)(4) of the Act shall be initiated by the Director of OSM filing a copy of such an order with the Hearings Division, OHA, 801 N. Quincy Street, Suite 300, Arlington, VA 22203, promptly after the order is issued to the permittee.
(b) A show cause order filed with OHA shall set forth -
(1) A list of the unwarranted or willful violations which contribute to a pattern of violations;
(2) A copy of each order or notice which contains one or more of the violations listed as contributing to a pattern of violations;
(3) The basis for determining the existence of a pattern or violations; and
(4) Recommendations whether the permit should be suspended or revoked, including the length and terms of a suspension.
[43 FR 34386, Aug. 3, 1978, as amended at 67 FR 4368, Jan. 30, 2002; 67 FR 61510, Oct. 1, 2002; 88 FR 5795, Jan. 30, 2023]