---
kind: "section"
citation: "43 C.F.R. § 49.515"
title: "43"
number: "49.515"
heading: "How is an objection to a notice of violation and proposed civil penalty made and resolved?"
url: "https://uscodex.org/cfr/43/49.515"
---

# §49.515. How is an objection to a notice of violation and proposed civil penalty made and resolved?

- (a) **Filing objection.** A person served with a notice of violation and proposed civil penalty may file a written objection with the Federal land manager within 30 days of the date the notice was received.
- (b) **Content of objection.** The objection must:
  - (1) Clearly and concisely state the reasons why the person believes that the person did not commit a violation and/or that the proposed civil penalty should be reduced or eliminated;
  - (2) Be accompanied by any documentation supporting the person's reasons for objecting; and
  - (3) **Be signed by the person or the person's authorized representative.**
- (c) **Issuing determination.** The Federal land manager will issue a determination, served on the person by a verifiable delivery method, based on the information contained in the written objection or furnished upon further request to the Federal land manager.
- (d) **Content of determination.** In the determination, the Federal land manager will:
  - (1) Sustain the objection and revoke the notice of violation and proposed civil penalty, if the Federal land manager determines that the information warrants a conclusion that no violation occurred;
  - (2) Deny the objection, if the Federal land manager determines that the information warrants a conclusion that a violation occurred and that the proposed civil penalty should not be reduced or eliminated; or
  - (3) Deny the objection in part and sustain it in part, if the Federal land manager determines that the information warrants a conclusion that a violation has occurred, but that the proposed civil penalty should be reduced or eliminated.

## Notes

### Authority

Authority: 16 U.S.C. 470aaa-aaa-11.

### Source

Source: 87 FR 47319, Aug. 2, 2022, unless otherwise noted.