30 CFR 241.63 - Does my request for a hearing on the record affect the penalties?

Code of Federal Regulations - Title 30: Mineral Resources

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Title 30: Mineral Resources

CHAPTER II: MINERALS MANAGEMENT SERVICE, DEPARTMENT OF THE INTERIOR

SUBCHAPTER A: MINERALS REVENUE MANAGEMENT

PART 241: PENALTIES

Subpart B: Penalties for Federal and Indian Oil and Gas Leases

: Penalties Without A Period to Correct

241.63 - Does my request for a hearing on the record affect the penalties

(a) If you do not correct the violations identified in the Notice of Noncompliance regarding violations without a period to correct, the penalties will continue to accrue even if you request a hearing on the record.

(b) You may ask the Hearings Division (Departmental) to stay the accrual of penalties pending the hearing on the record and a decision by the Administrative Law Judge under ? 241.72.

(1) You must file your petition within 45 calendar days after you receive the Notice of Noncompliance.

(2) To stay the accrual of penalties, you must post a bond or other surety instrument using the same standards and requirements as prescribed in 30 CFR part 243, subpart B, or demonstrate financial solvency using the same standards and requirements as prescribed in 30 CFR part 243, subpart C, for the principal amount of any unpaid amounts due that are the subject of the Notice of Noncompliance, including interest thereon, plus the amount of any penalties accrued before the date a stay becomes effective.

(3) The Hearings Division will grant or deny the petition under 43 CFR 4.21(b).

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