§ 808.15. Show cause proceeding.
207 words·~1 min read·
/us/cfr/t18/s§ 808.15·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The Executive Director may issue an order requiring an alleged violator to show cause why a penalty should not be assessed in accordance with the provisions of this chapter and section 15.17 of the compact. The order to the alleged violator shall:
(1)Specify the nature and duration of violation(s) that is alleged to have occurred.
(2)Set forth the date by which the alleged violator must provide a written response to the order.
(3)Identify the civil penalty recommended by Commission staff.
(b)The written response by the project sponsor should include the following:
(1)A statement whether the project sponsor contests that the violations outlined in the Order occurred;
(2)If the project sponsor contests the violations, then a statement of the relevant facts and/or law providing the basis for the project sponsor's position;
(3)Any mitigating factors or explanation regarding the violations outlined in the Order; and
(4)A statement explaining what the appropriate civil penalty, if any, should be utilizing the factors at § 808.16.
(c)Based on the information presented and any relevant policies, guidelines or law, the Executive Director shall make a written finding affirming or modifying the civil penalty recommended by Commission staff. \[82 FR 29397, June 29, 2017\]