§ 904.304. Opportunity for hearing.
110 words·~1 min read·
/us/cfr/t15/s§ 904.304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as provided in paragraph
(b)of this section, the recipient of a NOPS or NIDP will be provided an opportunity for a hearing, as governed by § 904.201.
(b)There will be no opportunity for a hearing to contest a NOPS or NIDP if the permit holder/applicant had a previous opportunity to participate as a party in an administrative or judicial proceeding with respect to the violation that forms the basis for the NOPS or NIDP, whether or not the permit holder/applicant did participate, and whether or not such a proceeding was held. \[71 FR 12448, Mar. 10, 2006, as amended at 87 FR 38941, June 30, 2022\]