Civil Penalties Assessments and Appeals
If BSEE determines that a violation occurred and a civil penalty is appropriate, it will develop a case file and forward it to a Reviewing Officer pursuant to 30 C.F.R. part 250, subpart N.
The following violations will always be reviewed for potential civil penalties 30 C.F.R. 250 1404::
- Violations that are not corrected within the period of time BSEE identifies;
- Violations that BSEE determines may constitute or constituted a threat of serious, irreparable, or immediate harm or damage to life, property, or the environment; and
- Violations that cause serious, irreparable, or immediate harm or damage to life, property, or the environment.
After reviewing the case file, the Reviewing Officer will send the violator a letter notifying it of the amount of the proposed penalty, information about the violation, and instructions on how to schedule a meeting, submit information, or pay the penalty. The violator has 30 days to take one of those actions.
At the end of the 30 days, or after meeting and reviewing any submissions of additional information, the Reviewing Officer will issue a decision identifying the amount of any final civil penalty, the basis for the civil penalty and instructions for paying or appealing the civil penalty.
The violator has 60 days to either pay the penalty or file an appeal to the Interior Board of Land Appeals (IBLA).
At the IBLA:
- After filing its appeal, the entity appealing (the appellant) has 30 days to file a Statement of Reasons for the appeal if one was not filed with the appeal. Extensions may be granted.
- The agency has 30 days to file an Answer responding to the Statement of Reasons. The IBLA will grant one automatic extension, not to exceed 30 days.
- The appellant may file a reply brief within 15 days of receiving the Answer.
- Any party may request a hearing to present evidence on an issue of fact. The request must be filed within 30 days after the answer is due. If the IBLA grants a hearing, the appeal will be referred to an administrative law judge.