Enforcement of the Magnuson Fishery Conservation and Management Act and Related Laws and Regulations: Hearing Before the Subcommittee on Administrative Law and Governmental Relations of the Committee on the Judiciary, House of Representatives, One Hundred Second Congress, Second Session, October 1, 1992U.S. Government Printing Office, 1992 - 92 páginas |
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Página 16
... proceedings , he must make a decision whether to pay the offered penalty or retain counsel , face an increased penalty if he goes to an administrative hearing because he knows that anyone who has exercised his right to a hearing has ...
... proceedings , he must make a decision whether to pay the offered penalty or retain counsel , face an increased penalty if he goes to an administrative hearing because he knows that anyone who has exercised his right to a hearing has ...
Página 41
... proceeding . The question is this : From the standpoint of the fishermen — and Mr. Kvilhaug , you would obviously be relevant in this too — is it your opinion that what we are talking about is a situation where the effect on the ...
... proceeding . The question is this : From the standpoint of the fishermen — and Mr. Kvilhaug , you would obviously be relevant in this too — is it your opinion that what we are talking about is a situation where the effect on the ...
Página 44
... proceedings for assessing civil penalties under all of these statutes and regulations , and are attached to my testimony . Also attached is a discussion paper that I think will be very help- ful . It was prepared by my staff a couple of ...
... proceedings for assessing civil penalties under all of these statutes and regulations , and are attached to my testimony . Also attached is a discussion paper that I think will be very help- ful . It was prepared by my staff a couple of ...
Página 48
... civil procedure rules at 15 CFR part 904 govern proceedings for assessing civil penalties under all of these statutes and regulations , and are attached to my testimony . 2 Also attached is a discussion paper that was prepared 48.
... civil procedure rules at 15 CFR part 904 govern proceedings for assessing civil penalties under all of these statutes and regulations , and are attached to my testimony . 2 Also attached is a discussion paper that was prepared 48.
Página 61
... proceedings for the assessment of civil penalties , for the imposition of permit sanctions and permit denials for enforcement - related reasons , for the review and appeal of written warnings . and for the release or forfeiture of ...
... proceedings for the assessment of civil penalties , for the imposition of permit sanctions and permit denials for enforcement - related reasons , for the review and appeal of written warnings . and for the release or forfeiture of ...
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Términos y frases comunes
20 days action administered by NOAA Administrative Law Judge Agency counsel Agency employee involved appeal applicable statute appropriate Atmospheric Administration authorized BARNET catch certified mail civil penalty claim copy criminal Department of Commerce deposition discovery discretion discretionary review district court documents Endangered Species Act enforcement officer evidence Ex parte communications facts Federal Register filed fishermen fishing FRANK hearing initial decision issuance issued Kvilhaug Lacey Act Magnuson Act March 31 matter meat count National Oceanic NMFS NOVA Oceanic and Atmospheric offense Pacific Halibut paragraph party permit holder permit sanction person petition for discretionary petitioner proposed findings prosecution reasonable record Regional Counsel registered or certified remission or mitigation respondent respondent's restoration of proceeds return receipt requested Rules and Regulations scallops schedule sea scallop seized property seizure served specified statute administered strict liability submit Subpart subpoena testimony witnesses written warning
Pasajes populares
Página 61 - ... agency action" includes the whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act; and (14) "ex parte communication" means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include requests for status reports on any matter or proceeding covered by this subchapter.
Página 60 - Major rule" means any regulation that is likely to result in: (1 ) An annual effect on the economy of $100 million or more; (2) A major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (3) Significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic or export markets. (c)...
Página 71 - Secretary upon satisfactory proof, to be furnished in such manner as he shall direct, that the applicant, at the time of the seizure and sale of the property in question, did not know of the seizure, and was in such circumstances as prevented him from knowing of the same, and that such forfeiture was incurred without willful negligence or any intention of fraud on the part of the owner of such property.
Página 65 - All written motions shall state clearly and concisely the purpose of and the relief sought by the motion, the statutory or principal authority relied upon, and the facts claimed to constitute the grounds requiring the relief requested; and shall conform with the requirements of Subpart H of this part.
Página 64 - Government body: Provided, That where a decision or part thereof rests on the official notice of a material fact not appearing in the evidence of the record, the fact of official notice shall...
Página 15 - ... to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this Act or any regulation, permit, or agreement...
Página 65 - Failure to appear. (a) If a party fails to appear after proper service of notice, the hearing may proceed. A notation of failure to appear will be made in the record, and the hearing may be conducted with the parties then present, or may be terminated if the Judge determines that proceeding with the hearing will not aid the decisions!
Página 63 - States, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.
Página 64 - ... in the NOVA. (f) Issues regarding ability to pay will not be considered in an administrative review of an initial decision if the financial information was not previously presented by the respondent to the Judge at the hearing. Subpart C — Hearing and Appeal Procedures GENERAL § 904.200 Scope and applicability. (a) This subpart sets forth the procedures governing the conduct of hearings and the issuance of initial and final decisions of NOAA in administrative proceedings involving alleged...
Página 64 - Rule on requests for appearance of witnesses or production of documents and take appropriate action upon failure of a party to effect the appearance or production of a witness or document ruled relevant and necessary to the proceeding; as authorized by law, issue subpoenas for the appearance of witnesses or production of documents...