View all text of Subjgrp 98 [§ 4.1190 - § 4.1197]

§ 4.1190 - Initiation of proceedings.

Link to an amendment published at 90 FR 2430, Jan. 10, 2025. This amendment is delayed until March 21, 2025, at 90 FR 9222, Feb. 10, 2025.

(a) A proceeding on a show cause order issued by the Director of OSM pursuant to section 521(a)(4) of the Act shall be initiated by the Director of OSM filing a copy of such an order with the Hearings Division, OHA, promptly after the order is issued to the permittee.

(b) A show cause order filed with OHA shall set forth—

(1) A list of the unwarranted or willful violations which contribute to a pattern of violations;

(2) A copy of each order or notice which contains one or more of the violations listed as contributing to a pattern of violations;

(3) The basis for determining the existence of a pattern or violations; and

(4) Recommendations whether the permit should be suspended or revoked, including the length and terms of a suspension.

[43 FR 34386, Aug. 3, 1978, as amended at 67 FR 4368, Jan. 30, 2002; 67 FR 61510, Oct. 1, 2002; 88 FR 5795, Jan. 30, 2023]