§ 219.55. Objections set aside from review.
302 words·~1 min read·
/us/cfr/t36/s§ 219.55·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The reviewing officer shall set aside and not review an objection when one or more of the following applies:
(1)Objections are not filed in a timely manner (§ 219.56);
(2)The proposed plan, plan amendment, or plan revision is not subject to the objection procedures of this subpart pursuant to §§ 219.51 and 219.59;
(3)The individual or entity did not submit substantive formal comments (§ 219.53) during opportunities for public comment on the proposed decision (§ 219.16(a)(1) and (a)(2));
(4)None of the issues included in the objection is based on previously submitted substantive formal comments unless one or more of those issues arose after the opportunities for formal comment;
(5)The objection does not provide sufficient information as required by § 219.54(c);
(6)The objector withdraws the objection in writing;
(7)The objector's identity is not provided or cannot be determined from the signature (written or electronically scanned), and a reasonable means of contact is not provided (§ 219.54(c)); or
(8)The objection is illegible for any reason and a legible copy cannot easily be obtained.
(b)When an objection includes an issue that is not based on previously submitted substantive formal comments and did not arise after the opportunities for formal comment, that issue will be set aside and not reviewed. Other issues raised in the objection that meet the requirements of this subpart will be reviewed.
(c)The reviewing officer shall give written notice to the objector and the responsible official when an objection or part of an objection is set aside from review and shall state the reasons for not reviewing the objection in whole or part. If the objection is set aside from review for reasons of illegibility or lack of a means of contact, the reasons must be documented in the planning record.