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Code of Federal Regulations (Last Updated: November 8, 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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Petitions for Review of Proposed Individual Civil Penalty Assessments Under Section 518(F) of the Act |
§ 4.1309 - Petition for discretionary review.
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§ 4.1309 Petition for discretionary review.
(a) Any party may petition the Board to review an order or decision by an administrative law judge disposing of an individual civil penalty proceeding under § 4.1308 of this part.
(b) A petition under this section shall be filed on or before 30 days from the date of receipt of the order or decision sought to be reviewed, and the time for filing shall not be extended.
(c) A petitioner under this section shall list the alleged errors of the administrative law judge and shall attach a copy of the order or decision sought to be reviewed.
(d) Any party may file with the Board a response to the petition for review within 10 days of receipt of a copy of such petition.
(e) Not later than 30 days from the filing of a petition for review under this section, the Board shall grant or deny the petition in whole or in part.
(f) If the petition for review is granted the rules in §§ 4.1273-4.1276 of this part are applicable. If the petition is denied, the decision of the administrative law judge is final for the Department, subject to § 4.5 of this part.
(g) Payment of a penalty is due in accordance with 30 CFR 724.18 or 846.18.