§ 1091.113. Petition for termination of order.
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/us/cfr/t12/s§ 1091.113·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any person subject to an order issued pursuant to § 1091.109(a)(1) may, no sooner than two years after issuance of such an order and no more frequently than annually thereafter, petition the Director for termination of the order.
(b)A petition for termination submitted pursuant to paragraph
(a)of this section shall set forth the reasons supporting termination of the order, including any actions taken by a respondent since issuance of the order to address the conduct that led to issuance of the order, and may include any supporting information or evidence that the petitioner believes is relevant to the Director's determination of the matter.
(c)A petition for termination shall be filed by the petitioner with the Executive Secretary at the mailing or electronic address provided by the Bureau.
(d)The Director shall, promptly upon receipt of a petition for termination, send a copy of the same to the initiating official.
(1)The initiating official may, within 30 days of his or her receipt of a copy of a petition for termination, file with the Director a response to the petition stating whether the initiating official recommends that the order be terminated, or modified, or that the petition for termination be denied and the basis for such recommendation.
(2)The initiating official shall serve a copy of the response to a petition for termination on the petitioner pursuant to § 1091.107 at the time of filing it with the Director.
(e)Not later than 90 days after submission of a petition under paragraph
(a)of this section, the Director shall issue a written decision either terminating or modifying the order, or denying the petition. If the Director modifies the order or denies the petition, the Director shall explain the basis for his or her decision with respect to the petition and send the written decision to the petitioner and the initiating official.
(1)The Director shall serve the written decision on a petition for termination of order on a respondent pursuant to § 1091.107.
(2)The Director shall send a copy of the written decision on a petition for termination of order to the recommending official and initiating official promptly upon issuing the written decision.
(3)The decision of the Director made pursuant to this paragraph
(e)shall constitute final agency action under 5 U.S.C. 704.
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