October 14, 2004
PROPOSED CHANGES TO NOAA’S CIVIL PROCEDURE REGULATIONS
| January 4, 2004
Comment Period Reopening
On January 5, 2005 a proposed rule will be published in the
Federal Register reopening the comment period for the proposed
revisions to NOAA's Civil Procedure Regulations, located at 15
CFR Part 904. The new deadline will be January 31, 2005.
|
The National Oceanic and Atmospheric Administration (NOAA) is proposing
amendments and technical refinements to its Civil Procedures, found at 15
C.F.R Part 904. The proposed amendments were published in the Federal Register on
October 12, 2004 and can be found at 69 FR 60569 or online at http://www.regulations.gov.
These regulations, which govern NOAA’s administrative proceedings for assessment
of civil penalties; suspension, revocation, modification, or denial of permits; issuance
and use of written warnings; and release or forfeiture of seized property, have been
virtually unchanged since 1987.
In broad terms, the proposed changes are intended to: (1) conform the civil procedure
rules to changes in applicable federal laws and regulations; (2) improve the efficiency
and fairness of administrative proceedings; (3) clarify any ambiguities or inconsistencies
in the existing civil procedure rules; (4) eliminate redundant language and correct
language errors; and (5) conform the civil procedure rules to current agency practice.
While many of the proposed changes are purely technical in nature, some do reflect
significant substantive changes in procedure. For example, under the proposed amendments:
- The regulations pertaining to notice of seizure will be amended to comport with the
Civil Asset Forfeiture Reform Act of 2000 (CAFRA).
- Any attorney or other person will be required to enter a written notice of appearance
when representing a person in an Agency enforcement matter or civil administrative
hearing.
- The process by which appeals from ALJ decisions can be made to the Administrator of NOAA
will be removed. Under the new regulations, all appeals will be made to Federal District
Court.
- The ALJ will be authorized to enter a default judgment for failure to appear at an
administrative hearing.
- The ALJ will be authorized to impose sanctions for failure to comply with the civil
procedure regulations or any order issued thereunder.
- Respondents will be required to list all defenses, along with a summary of all facts and
law supporting those defenses, in their PPIP (Preliminary Position on Issues and
Procedures).
The total package of proposed amendments is large and, as it includes changes that
impact all stages of administrative proceedings, NOAA invites comments from all interested
parties. Written comments may be submitted, on or before December 13, 2004, to Meggan
Engelke-Ros, Enforcement Attorney, Office of General Counsel for Enforcement and
Litigation, 8484 Georgia Avenue, Suite 400, Silver Spring, Maryland 20910.
