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e-CFR data is current as of August 5, 2020

Title 30Chapter IISubchapter BPart 250Subpart N → Subject Group


Title 30: Mineral Resources
PART 250—OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF
Subpart N—Outer Continental Shelf Civil Penalties


General Provisions

§250.1470   How does BSEE decide what the amount of the penalty should be?

We determine the amount of the penalty by considering the severity of the violations, your history of compliance, and if you are a small business.

§250.1471   Does the penalty affect whether I owe interest?

If you do not pay the penalty by the date required under §250.1475(d), BSEE will assess you late payment interest on the penalty amount at the same rate interest is assessed under 30 CFR 1218.54.

§250.1472   How will the Office of Hearings and Appeals conduct the hearing on the record?

If you request a hearing on the record under §§250.1454, 250.1456, 250.1462, or 250.1464, the hearing will be conducted by a Departmental Administrative Law Judge from the Office of Hearings and Appeals. After the hearing, the Administrative Law Judge will issue a decision in accordance with the evidence presented and applicable law.

§250.1473   How may I appeal the Administrative Law Judge's decision?

If you are adversely affected by the Administrative Law Judge's decision, you may appeal that decision to the Interior Board of Land Appeals under 43 CFR part 4, subpart E.

§250.1474   May I seek judicial review of the decision of the Interior Board of Land Appeals?

Under 30 U.S.C. 1719(j), you may seek judicial review of the decision of the Interior Board of Land Appeals. A suit for judicial review in the District Court will be barred unless filed within 90 days after the final order.

§250.1475   When must I pay the penalty?

(a) You must pay the amount of the Notice of Civil Penalty issued under §250.1453 or §250.1461, if you do not request a hearing on the record under §250.1454, §250.1456, §250.1462, or §250.1464.

(b) If you request a hearing on the record under §250.1454, §250.1456, §250.1462, or §250.1464, but you do not appeal the determination of the Administrative Law Judge to the Interior Board of Land Appeals under §250.1473, you must pay the amount assessed by the Administrative Law Judge.

(c) If you appeal the determination of the Administrative Law Judge to the Interior Board of Land Appeals, you must pay the amount assessed in the IBLA decision.

(d) You must pay the penalty assessed within 40 days after:

(1) You received the Notice of Civil Penalty, if you did not request a hearing on the record under either §250.1454, §250.1456, §250.1462, or §250.1464;

(2) You received an Administrative Law Judge's decision under §250.1472, if you obtained a stay of the accrual of penalties pending the hearing on the record under §250.1455(b) or §250.1463(b) and did not appeal the Administrative Law Judge's determination to the IBLA under §250.1473;

(3) You received an IBLA decision under §250.1473 if the IBLA continued the stay of accrual of penalties pending its decision and you did not seek judicial review of the IBLA's decision; or

(4) A final non-appealable judgment of a court of competent jurisdiction is entered, if you sought judicial review of the IBLA's decision and the Department or the appropriate court suspended compliance with the IBLA's decision pending the adjudication of the case.

(e) If you do not pay, that amount is subject to collection under the provisions of §250.1477.

§250.1476   Can BSEE reduce my penalty once it is assessed?

Under 30 U.S.C. 1719(g), the Director or his or her delegate may compromise or reduce civil penalties assessed under this part.

§250.1477   How may BSEE collect the penalty?

(a) BSEE may use all available means to collect the penalty including, but not limited to:

(1) Requiring the lease surety, for amounts owed by lessees, to pay the penalty;

(2) Deducting the amount of the penalty from any sums the United States owes to you; and

(3) Using judicial process to compel your payment under 30 U.S.C. 1719(k).

(b) If the Department uses judicial process, or if you seek judicial review under §250.1474 and the court upholds assessment of a penalty, the court shall have jurisdiction to award the amount assessed plus interest assessed from the date of the expiration of the 90-day period referred to in §250.1474. The amount of any penalty, as finally determined, may be deducted from any sum owing to you by the United States.

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