15 CFR 904.273 - Administrative review of decision.

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§ 904.273 Administrative review of decision.
(a) Subject to the requirements of this section, any party who wishes to seek review of an initial decision of a Judge must petition for review of the initial decision within 30 days after the date the decision is served. The petition must be served on the Administrator by registered or certified mail, return receipt requested at the following address: Administrator, National Oceanic and Atmospheric Administration, Department of Commerce, Room 5128, 14th Street and Constitution Avenue, NW., Washington, DC 20230. Copies of the petition for review, and all other documents and materials required in paragraph (d) of this section, must be served on all parties and the Assistant General Counsel for Enforcement and Litigation at the following address: Assistant General Counsel for Enforcement and Litigation, National Oceanic and Atmospheric Administration, 8484 Georgia Avenue, Suite 400, Silver Spring, MD 20910.
(b) The Administrator may elect to issue an order to review the initial decision without petition and may affirm, reverse, modify or remand the Judge's initial decision. Any such order must be issued within 60 days after the date the initial decision is served.
(c) Review by the Administrator of an initial decision is discretionary and is not a matter of right. If a party files a timely petition for discretionary review, or review is timely undertaken on the Administrator's own initiative, the effectiveness of the initial decision is stayed until further order of the Administrator or until the initial decision becomes final pursuant to paragraph (h) of this section.
(d) A petition for review must comply with the following requirements regarding format and content:
(1) The petition must include a concise statement of the case, which must contain a statement of facts relevant to the issues submitted for review, and a summary of the argument, which must contain a succinct, clear and accurate statement of the arguments made in the body of the petition;
(2) The petition must set forth, in detail, specific objections to the initial decision, the bases for review, and the relief requested;
(3) Each issue raised in the petition must be separately numbered, concisely stated, and supported by detailed citations to specific pages in the record, and to statutes, regulations, and principal authorities. Petitions may not refer to or incorporate by reference entire documents or transcripts;
(4) A copy of the Judge's initial decision must be attached to the petition;
(5) Copies of all cited portions of the record must be attached to the petition;
(6) A petition, exclusive of attachments and authorities, must not exceed 20 pages in length and must be in the form articulated in section 904.206(b); and
(7) Issues of fact or law not argued before the Judge may not be raised in the petition unless such issues were raised for the first time in the Judge's initial decision, or could not reasonably have been foreseen and raised by the parties during the hearing. The Administrator will not consider new or additional evidence that is not a part of the record before the Judge.
(e) The Administrator may deny a petition for review that is untimely or fails to comply with the format and content requirements in paragraph (d) of this section without further review.
(f) No oral argument on petitions for discretionary review will be allowed.
(g) Within 30 days after service of a petition for discretionary review, any party may file and serve an answer in support or in opposition. An answer must comport with the format and content requirements in paragraphs (d)(5) through (d)(7) of this section and set forth detailed responses to the specific objections, bases for review and relief requested in the petition. No further replies are allowed, unless requested by the Administrator.
(h) If the Administrator has taken no action in response to the petition within 120 days after the petition is served, said petition shall be deemed denied and the Judge's initial decision shall become the final agency decision with an effective date 150 days after the petition is served.
(i) If the Administrator issues an order denying discretionary review, the order will be served on all parties personally or by registered or certified mail, return receipt requested, and will specify the date upon which the Judge's decision will become effective as the final agency decision. The Administrator need not give reasons for denying review.
(j) If the Administrator grants discretionary review or elects to review the initial decision without petition, the Administrator will issue an order to that effect. Such order may identify issues to be briefed and a briefing schedule. Such issues may include one or more of the issues raised in the petition for review and any other matters the Administrator wishes to review. Only those issues identified in the order may be argued in any briefs permitted under the order. The Administrator may choose to not order any additional briefing, and may instead make a final determination based on any petitions for review, any responses and the existing record.
(k) If the Administrator grants or elects to take discretionary review, and after expiration of the period for filing any additional briefs under paragraph (j) of this section, the Administrator will render a written decision on the issues under review. The Administrator will transmit the decision to each of the parties by registered or certified mail, return receipt requested. The Administrator's decision becomes the final administrative decision on the date it is served, unless otherwise provided in the decision, and is a final agency action for purposes of judicial review; except that an Administrator's decision to remand the initial decision to the Judge is not final agency action.
(l) An initial decision shall not be subject to judicial review unless:
(1) The party seeking judicial review has exhausted its opportunity for administrative review by filing a petition for review with the Administrator in compliance with this section, and
(2) The Administrator has issued a final ruling on the petition that constitutes final agency action under paragraph (k) of this section or the Judge's initial decision has become the final agency decision under paragraph (h) of this section.
(m) For purposes of any subsequent judicial review of the agency decision, any issues that are not identified in any petition for review, in any answer in support or opposition, by the Administrator, or in any modifications to the initial decision are waived.
(n) If an action is filed for judicial review of a final agency decision, and the decision is vacated or remanded by a court, the Administrator shall issue an order addressing further administrative proceedings in the matter. Such order may include a remand to the Chief Administrative Law Judge for further proceedings consistent with the judicial decision, or further briefing before the Administrator on any issues the Administrator deems appropriate.

Title 15 published on 2014-01-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 15 - COMMERCE AND TRADE
U.S. Code: Title 16 - CONSERVATION

§ 773 - Definitions

§ 773a - International Pacific Halibut Commission

§ 773b - Acceptance or rejection of Commission recommendations

§ 773c - General responsibility

§ 773d - Cooperation of Federal agencies

§ 773e - Prohibited acts

§ 773f - Civil penalties

§ 773g - Crimes and criminal penalties

§ 773h - Forfeitures

§ 773i - Administration and enforcement

§ 773j - Authorization of appropriations

§ 773k - Location of office space and other facilities on or near University of Washington campus in State of Washington

§ 781 - Taking or catching, in waters of Gulf or Straits of Florida, commercial sponges of less than prescribed size, and landing or possession of same

§ 782 - Sponges of less than prescribed size; possession prima facie evidence

§ 783 - Punishment for violations of law; liability of vessels

§ 784 - Jurisdiction of prosecutions

§ 785 - Enforcement of law prohibiting taking of sponges of specified sizes; employment of Coast Guard vessels and Customs Service employees

§ 916 - Definitions

§ 916a - United States Commissioner

§ 916b - Acceptance or rejection by United States Government of regulations, etc.; acceptance of reports, recommendations, etc., of Commission

§ 916c - Unlawful acts

§ 916d - Licenses

§ 916e - Failure to keep returns, records, reports

§ 916f - Violations; fines and penalties

§ 916g - Enforcement

§ 916h - Cooperation between Federal and State and private agencies and organizations in scientific and other programs

§ 916i - Taking of whales for biological experiments

§ 916j - Allocation of responsibility for administration and enforcement

§ 916k - Regulations; submission; publication; effectiveness

16 U.S. Code § -

§ 951 - Definitions

§ 952 - Commissioners; number, appointment, and qualification

§ 953 - General Advisory Committee and Scientific Advisory Subcommittee

§ 954 - Repealed.

§ 955 - Secretary of State to act for United States

§ 956 - Inspection of returns, records, or other reports

§ 957 - Violations; fines and forfeitures; application of related laws

§ 958 - Cooperation with other agencies

§ 959 - Enforcement of chapter

§ 960 - Commissions’ functions not restrained by this chapter or State laws

§ 961 - Authorization of appropriations

§ 971 - Definitions

§ 971a - Commissioners

§ 971b - Advisory committee

16 U.S. Code § 921 to 923 - Omitted

§ 971c - Authority of Secretary of State; cooperative enforcement agreements

§ 971d - Administration

§ 971e - Violations

§ 971f - Enforcement

§ 971g - Cooperation in carrying out Convention

§ 971h - Authorization of appropriations

§ 971i - Research on Atlantic highly migratory species

§ 971j - Annual report

§ 971k - Savings clause

§ 972 - Definitions

§ 972a - United States representation on the Council

§ 972b - Secretary of State to act for United States

§ 972c - Application to other laws

§ 972d - Disposition of fees

§ 972e - Regulations

§ 972f - Prohibited acts

§ 972g - Enforcement

§ 972h - Authorization of appropriations

§ 1151 - Definitions

§ 1152 - Prohibitions

§ 1153 - Sealing permitted by Aleuts, Eskimos, and Indians

§ 1154 - Scientific research on fur seal resources; use of fur seals for educational, scientific, or exhibition purposes

§ 1155 - Authority of Secretary of Commerce

§ 1156 - Enforcement provisions

§ 1157 - North Pacific Fur Seal Commission; appointment of United States Commissioner, Deputy Commissioner, and Advisors; duties, compensation, and travel expenses

§ 1158 - Acceptance or rejection by Secretaries of State and Commerce of Commission recommendations

§ 1159 - Federal agency consultations with and technical assistance to Secretary of Commerce or Commission; reimbursement for assistance

§ 1161 - Administration of fur seal rookeries and other Federal real and personal property on Pribilof Islands

§ 1162 - Authority of Secretary to operate, maintain, and repair Government-owned property; necessary facilities, services, and equipment for Federal employees and dependents

§ 1163 - Responsibility of Alaska to meet educational needs of Pribilof Islands citizens

§ 1164 - Responsibility of Secretary of Health and Human Services to provide medical and dental care to Pribilof Islands natives

§ 1165 - Disposal of Federal property on Pribilof Islands

§ 1166 - Financial assistance

§ 1167 - Leases, permits, agreements, and contracts with public or private agencies or persons

§ 1168 - Civil service retirement benefits

§ 1169 - Regulations

§ 1169a - Annuities and survivor annuities; recomputation

§ 1169b - Use of local entities

§ 1171 - Seizure and forfeiture of vessels

§ 1172 - Practice and procedure

§ 1173 - Regulations

§ 1174 - Penalties

§ 1175 - Authorization of appropriations

§ 1361 - Congressional findings and declaration of policy

§ 1362 - Definitions

§ 1371 - Moratorium on taking and importing marine mammals and marine mammal products

§ 1372 - Prohibitions

§ 1373 - Regulations on taking of marine mammals

§ 1374 - Permits

§ 1375 - Penalties

§ 1375a - Use of fines for protection and recovery of manatees, polar bears, sea otters, and walruses

§ 1376 - Seizure and forfeiture of cargo

§ 1377 - Enforcement

§ 1378 - International program

§ 1379 - Transfer of management authority

§ 1380 - Marine mammal research grants

§ 1381 - Commercial fisheries gear development

§ 1382 - Regulations and administration

§ 1383 - Application to other treaties and conventions

§ 1383a - Interim exemption for commercial fisheries

§ 1383b - Status review; conservation plans

§ 1384 - Authorization of appropriations

§ 1385 - Dolphin protection

§ 1386 - Stock assessments

§ 1387 - Taking of marine mammals incidental to commercial fishing operations

§ 1388 - Marine mammal cooperative agreements in Alaska

§ 1389 - Pacific Coast Task Force; Gulf of Maine

§ 1401 - Establishment

§ 1402 - Duties of Commission

§ 1403 - Committee of Scientific Advisors on Marine Mammals

§ 1404 - Omitted

§ 1405 - Coordination with other Federal agencies

§ 1406 - Administration

§ 1407 - Authorization of appropriations

§ 1531 - Congressional findings and declaration of purposes and policy

§ 1532 - Definitions

§ 1533 - Determination of endangered species and threatened species

§ 1534 - Land acquisition

§ 1535 - Cooperation with States

§ 1536 - Interagency cooperation

§ 1537 - International cooperation

§ 1537a - Convention implementation

§ 1538 - Prohibited acts

§ 1539 - Exceptions

§ 1540 - Penalties and enforcement

§ 1541 - Endangered plants

§ 1542 - Authorization of appropriations

§ 1543 - Construction with Marine Mammal Protection Act of 1972

§ 1801 - Findings, purposes and policy

§ 1802 - Definitions

§ 1803 - Authorization of appropriations

§ 1811 - United States sovereign rights to fish and fishery management authority

§ 1812 - Highly migratory species

§ 1813 - Omitted

§ 1821 - Foreign fishing

§ 1822 - International fishery agreements

§ 1823 - Congressional oversight of international fishery agreements

§ 1824 - Permits for foreign fishing

§ 1825 - Import prohibitions

§ 1826 - Large-scale driftnet fishing

§ 1826a - Denial of port privileges and sanctions for high seas large-scale driftnet fishing

§ 1826b - Duration of denial of port privileges and sanctions

§ 1826c - Definitions

§ 1826d - Prohibition

§ 1826e - Negotiations

§ 1826f - Certification

§ 1826g - Enforcement

§ 1826h - Biennial report on international compliance

§ 1826i - Action to strengthen international fishery management organizations

§ 1826j - Illegal, unreported, or unregulated fishing

§ 1826k - Equivalent conservation measures

§ 1827 - Observer program regarding certain foreign fishing

§ 1827a - Prohibition on sale of billfish

§ 1828 - Foreign fishing incursions

§ 1829 - International monitoring and compliance

§ 1851 - National standards for fishery conservation and management

§ 1851 note - National standards for fishery conservation and management

§ 1852 - Regional Fishery Management Councils

§ 1853 - Contents of fishery management plans

§ 1853a - Limited access privilege programs

§ 1854 - Action by Secretary

§ 1855 - Other requirements and authority

§ 1856 - State jurisdiction

§ 1857 - Prohibited acts

§ 1858 - Civil penalties and permit sanctions

§ 1859 - Criminal offenses

§ 1860 - Civil forfeitures

§ 1861 - Enforcement

§ 1861a - Transition to sustainable fisheries

§ 1861b - Fisheries enforcement plans and reporting

§ 1862 - North Pacific fisheries conservation

§ 1863 - Northwest Atlantic Ocean Fisheries Reinvestment Program

§ 1864 - Regional coastal disaster assistance, transition, and recovery program

§ 1865 - Bycatch reduction engineering program

§ 1866 - Shark feeding

§ 1867 - Cooperative research and management program

§ 1868 - Herring study

§ 1869 - Restoration study

§ 1881 - Registration and information management

§ 1881a - Information collection

§ 1881b - Observers

§ 1881c - Fisheries research

§ 1881d - Incidental harvest research

§ 1882 - Fisheries systems research

§ 2401 - Congressional findings and declaration of purpose

§ 2402 - Definitions

§ 2403 - Prohibited acts

§ 2403a - Environmental impact assessment

§ 2404 - Permits

§ 2405 - Regulations

§ 2406 - Notification of travel to Antarctica

§ 2407 - Civil penalties

§ 2408 - Criminal offenses

§ 2409 - Enforcement

§ 2410 - Jurisdiction of district courts

§ 2411 - Federal agency cooperation

§ 2412 - Relationship to existing treaties

§ 2413 - Saving provisions

§ 2431 - Findings and purpose

§ 2432 - Definitions

§ 2433 - Representatives

§ 2434 - Conservation measures; system of observation and inspection

§ 2435 - Unlawful activities

§ 2436 - Regulations

§ 2437 - Civil penalties

§ 2438 - Criminal offenses

§ 2439 - Enforcement

§ 2440 - Jurisdiction of courts

§ 2441 - Federal agency cooperation

§ 2442 - Relationship to existing treaties and statutes

§ 2443 - Authorization of appropriations

§ 2444 - Severability

§ 2465 - Enforcement

§ 3371 - Definitions

§ 3372 - Prohibited acts

§ 3373 - Penalties and sanctions

§ 3374 - Forfeiture

§ 3375 - Enforcement

§ 3376 - Administration

§ 3377 - Exceptions

§ 3378 - Miscellaneous provisions

§ 3601 - Definitions

§ 3602 - United States representation on Council and Commissions

§ 3603 - Receipt of Organization communications by Secretary of State

§ 3604 - Regulations and reports

§ 3605 - Cooperation with other agencies and institutions

§ 3606 - Violations and penalties

§ 3607 - Enforcement

§ 3608 - Authorization of appropriations

§ 3631 - Definitions

§ 3632 - United States Section

§ 3633 - Authority and responsibility

§ 3634 - Interagency cooperation

§ 3635 - Preemption

§ 3636 - Rulemaking

§ 3637 - Prohibited acts and penalties

§ 3638 - General standard

§ 3639 - Advisory committee

§ 3640 - Administrative matters

§ 3641 - Authorization of appropriations

§ 3642 - Disposition of property of International Pacific Salmon Fisheries Commission

§ 3643 - Savings provision

§ 3644 - Restriction on spending authority

§ 4001 - Congressional findings

§ 4002 - Congressional statement of purpose

§ 4003 - Definitions

§ 4004 - Establishment of National Council

§ 4005 - Functions and duties of National Council

§ 4006 - Duties of Secretary with regard to National Council

§ 4007 - Voluntary payments

§ 4008 - Establishment of Fisheries Promotional Fund

§ 4009 - Establishment of seafood marketing councils

§ 4010 - Functions and powers of councils

§ 4011 - Functions and powers of Secretary

§ 4012 - Assessments

§ 4013 - Petitions

§ 4014 - Refunds

§ 4015 - Termination of a council

§ 4016 - Enforcement

§ 4017 - Investigations

§ 5001 - Purpose

§ 5002 - Definitions

§ 5003 - United States Commissioners

§ 5004 - Advisory Panel

§ 5005 - Commission recommendations

§ 5006 - Administration and enforcement of Convention

§ 5007 - Cooperation with other agencies

§ 5008 - Enforcement provisions

§ 5009 - Unlawful activities

§ 5010 - Penalties

§ 5011 - Funding requirements

§ 5012 - Disposition of property

§ 5103 - State-Federal cooperation in Atlantic coastal fishery management

§ 5601 - Representation of United States under Convention

§ 5602 - Requests for scientific advice

§ 5603 - Authorities of Secretary of State with respect to Convention

§ 5604 - Interagency cooperation

§ 5605 - Rulemaking

§ 5606 - Prohibited acts and penalties

§ 5607 - Consultative committee

§ 5608 - Administrative matters

§ 5609 - Definitions

§ 5610 - Authorization of appropriations

§ 5611 - Annual report

§ 5612 - Quota allocation practice

U.S. Code: Title 22 - FOREIGN RELATIONS AND INTERCOURSE
U.S. Code: Title 30 - MINERAL LANDS AND MINING
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
Public Laws