§4.1192. Contents of answer.

43 C.F.R. § 4.1192

The permittee's answer to a show cause order shall contain a statement setting forth—

(a)

The reasons in detail why a pattern of violations does not exist or has not existed, including all reasons for contesting—

(1)

The fact of any of the violations alleged by OSM as constituting a pattern of violations;

(2)

The willfulness of such violations; or

(3)

Whether such violations were caused by the unwarranted failure of the permittee;

(b)

All mitigating factors the permittee believes exist in determining the terms of the revocation or the length and terms of the suspension;

(c)

Any other alleged relevant facts; and

(d)

Whether a hearing on the show cause order is desired.

Notes, amendments, and revision history

[43 FR 34386, Aug. 3, 1978, as amended at 67 FR 61510, Oct. 1, 2002]

Authority: 30 U.S.C. 1256, 1260, 1261, 1264, 1268, 1271, 1272, 1275, 1293; 5 U.S.C. 301.

Source: 43 FR 34386, Aug. 3, 1978, unless otherwise noted.

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.

[43 FR 34386, Aug. 3, 1978, as amended at 67 FR 61510, Oct. 1, 2002]