15 CFR 904.200 : Commerce And Foreign Trade (§ 0.735-1 To Parts 2302-2399) — (Part 800 To Parts 2302-2399) — Regulations Relating To Commerce And Foreign Trade (Continued) (Part 800 To Parts 1401-1499) — National Oceanic And Atmospheric Administration, Department Of Commerce (Parts 900-901 To Parts 998-999) — General Regulations (Parts 900-901 To § 918.7) — Civil Procedures (§ 904.1 To § 904.510) — Hearing And Appeal Procedures (§ 904.200 To § 904.273) — General (§ 904.200 To § 904.216) — Scope and applicability.

(a) This subpart sets forth the procedures governing the conduct of hearings and the issuance of initial and final administrative decisions of NOAA involving alleged violations of the laws cited in § 904.1(c) and regulations implementing these laws, including civil penalty assessments and permit sanctions and denials. By separate regulation, these rules may be applied to other proceedings.

(b) The Judge is delegated authority to make the initial or final administrative decision of the Agency in proceedings subject to the provisions of this subpart, and to take actions to promote the efficient and fair conduct of hearings as set out in this subpart. The Judge has no authority to rule on constitutional issues or challenges to the validity of regulations promulgated by the Agency or statutes administered by NOAA.

(c) This subpart is not an independent basis for claiming the right to a hearing but, instead, prescribes procedures for the conduct of hearings, the right to which is provided by other authority.