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 4
... schedule for those fishery offenses . One explanation for support by some fishermen of the hearing process was that fishermen who responded to the survey were genuinely interested in improving the enforcement system . Of course , one ...
... schedule for those fishery offenses . One explanation for support by some fishermen of the hearing process was that fishermen who responded to the survey were genuinely interested in improving the enforcement system . Of course , one ...
Página 5
... schedule times the probability of detection , times the probability of prosecution given detection , times the probability of conviction given prosecution ) and found that expected penalties were far smaller in some cases than what ...
... schedule times the probability of detection , times the probability of prosecution given detection , times the probability of conviction given prosecution ) and found that expected penalties were far smaller in some cases than what ...
Página 24
... schedules are published from time to time giving a range of sanctions for each type of offense . The time lag from the date of the alleged violation to the assessment of penalty oftentimes results in a vessel receiving a sanction more ...
... schedules are published from time to time giving a range of sanctions for each type of offense . The time lag from the date of the alleged violation to the assessment of penalty oftentimes results in a vessel receiving a sanction more ...
Página 32
... schedule . There is a perception on the waterfront that it is impossible to be adjudicated not guilty in the Administrative Law system , even if all of the facts are in your favor . Furthermore , the penalty schedule is the ultimate ...
... schedule . There is a perception on the waterfront that it is impossible to be adjudicated not guilty in the Administrative Law system , even if all of the facts are in your favor . Furthermore , the penalty schedule is the ultimate ...
Página 46
... schedule . A person is issued a summary settlement form and , within 20 days , must elect to pay the summary settlement amount or to wait for a formal NOVA process . This system operates somewhat like the traffic ticket system or ...
... schedule . A person is issued a summary settlement form and , within 20 days , must elect to pay the summary settlement amount or to wait for a formal NOVA process . This system operates somewhat like the traffic ticket system or ...
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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...