GroundRules
43 CFR 4.1196: Summary disposition.
Where this section sits in the code
- Title 43—Public Lands: Interior
- Subtitle A—Office of the Secretary of the Interior
- PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES
- Subpart L—Specific Rules Applicable to Hearings and Appeals Concerning Surface Coal Mining
(a) In a proceeding under this section where the permittee fails to appear at a hearing, the permittee shall be deemed to have waived his right to a hearing and the administrative law judge may assume for purposes of the proceeding that—
(1) Each violation listed in the order occurred;
(2) Such violations were caused by the permittee's unwarranted failure or were willfully caused; and
(3) A pattern of violations exists.
(b) In order to issue an initial decision concerning suspension or revocation of the permit when the permittee fails to appear at the hearing, the administrative law judge shall either conduct an ex parte hearing or require OSM to furnish proposed findings of fact and conclusions of law.
Collected 2026-08-27T02:26:15Z. Source file · JSON