Application for Review by Special Master of
NOAA Notice of Violation and Assessment (NOVA)
All applications must be postmarked no later than Friday, May 6, 2011. All applications must be sent to the following address:
Special Master for NOAA Enforcement Cases
c/o JAMS
One Beacon Street
Suite 2300
Boston, Massachusetts
02108
NAME OF
APPLICANT:
ADDRESS:
TELEPHONE
NUMBER:
EMAIL:
NAME OF
COUNSEL
(IF ANY):
ADDRESS:
TELEPHONE
NUMBER:
EMAIL:
NAME OF NOAA
ENFORCEMENT
ATTORNEY:
NAME OF NOAA
SPECIAL AGENT:
DATE OF
VIOLATION:
Attach copy of Enforcement Action Report. (EAR)
VESSEL
NAME:
VESSEL AND/OR
OPERATOR
PERMIT#:
VESSEL
NAME/DOC#:
OTHER PARTIES
CHARGED WITH THIS
VIOLATION(S):
DATE OF NOTICE OF
VIOLATION
ASSESSEMNT:
Attach copy of NOVA
DATE OF
SETTLEMENT
OR OTHER
RESOLUTION:
Attach copy of settlement agreement or other resolution.
AMOUNT OF
PENALTY PAID:
Please Check Yes or No in response to the following questions:
Was the NOVA(s) listed above issued on or after March 17, 1994? ____ Yes ____ No
Was the NOVA(s) listed above settled or otherwise resolved before February 3, 2010?
____ Yes ____ No
Was a civil penalty imposed and paid with respect to NOVA(s) listed above?
____ Yes ____ No
Is an appeal of the NOVA(s) listed above currently pending before an Administrative Law Judge or the NOAA Administrator ? ____ Yes ____ No
Has a federal district court judge has issued any ruling in relation to the NOVA(s) listed above? ____ Yes ____ No
Provide specific details outlining the events leading up to and including the issuance of the NOVA(s) listed above. Attach additional pages if necessary.Provide specific details outlining the events following the issuance of the NOVA(s) listed above, including any procedural steps that were taken following issuance and their result. Attach additional pages if necessary.
Describe how the NOVA(s) listed above involve circumstances that fall into one of the following categories:
(1) Case in which a General Counsel for Enforcement and Litigation attorney charged an excessive penalty in a manner that unfairly forced settlement; OR
(2) Case in which conduct of the kind specifically enumerated in the Inspector General’s September 2010 Report prejudiced the outcome of the case. Attach additional pages if necessary.
Provide any other relevant information that will assist the Special Master in determining whether to review your NOVA. Attach additional pages if necessary.
Please attach any documentation related to the NOVA(s) listed above that you feel supports your case, including the following (where available):
· Pleadings filed in connection with an appeal to an Administrative Law Judge (ALJ), the NOAA Administrator and/or a United States District Court
· Correspondence exchanged between you (or a third party on your behalf) and NOAA
· Other documents (please describe each document in the box below)
Disclosure Note
This application is being made to the Special Master and the information contained herein may be made available to employees of the Department of Commerce. This application may also be publicly available as a result of requests made pursuant to the Freedom of Information Act, 5 U.S.C. § 552, et. seq. Any personally identifiable information will be redacted from any documents that are made publicly available pursuant to 5 U.S.C. § 552(b)(6).
Declaration
I declare under penalty of perjury pursuant to 28 U.S.C. 1746 that the information contained in this application is true and correct.
Executed on:
______
Signature Date
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