§ 845.16. Waiver of use of formula to determine civil penalty.
199 words·~1 min read·
/us/cfr/t30/s§ 845.16·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The Director, upon his own initiative or upon written request received within 15 days of issuance of a notice of violation or a cessation order, may waive the use of the formula contained in 30 CFR 845.13 to set the civil penalty, if he or she determines that, taking into account exceptional factors present in the particular case, the penalty is demonstrably unjust. However, the Director shall not waive the use of the formula or reduce the proposed assessment on the basis of an argument that a reduction in the proposed penalty could be used to abate violations of the Act, this chapter, any applicable program, or any condition of any permit or exploration approval. The basis for every waiver shall be fully explained and documented in the records of the case.
(b)If the Director waives the use of the formula, he or she shall use the criteria set forth in 30 CFR 845.13(b) to determine the appropriate penalty. When the Director has elected to waive the use of the formula, he or she shall give a written explanation of the basis for the assessment made to the person to whom the notice or order was issued.
Connections11 cite this · traces to 1
Cited by 11 sections · top 2
Traces to 1 document
Citation graph
cites case law
Cites 1Cited by 11 across 1 source