part_subject: "GENERAL COMPLIANCE PROVISIONS FOR HIGHWAY, STATIONARY, AND NONROAD PROGRAMS"
subpart_code: "G"
subpart_subject: "Hearings"
section_number: "1068.625"
section_subject: "Request for hearing—nonconformance penalties."
cfr_reference: "40 CFR 1068.625"
title_name: "Title 40"
title_subject: "Protection of Environment"
parts_covered: "Part 1060 to End"
revised_date: "Revised as of July 1, 2019"
publication_date: "As of July 1, 2019"
contains_description: "Containing a codification of documents of general applicability and future effect"
publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"
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(a)You may request an informal hearing as described in § 1068.650 if you disagree with our determination of compliance level or penalty calculation or both. The hearing will address only whether the compliance level or penalty was determined in accordance with the regulations.
(b)Send a request for a hearing in writing to the Designated Compliance Officer within the following time frame, as applicable:
(1)No later than 15 days after we notify you that we have approved a nonconformance penalty under this subpart if the compliance level is in the allowable range of nonconformity.
(2)No later than 15 days after completion of the Production Compliance Audit if the compliance level exceeds the upper limit.
(3)No later than 15 days after we notify you of an adverse decision for all other cases.
(c)If you miss the specified deadline in paragraph (b) of this section, we may nevertheless grant youa hearing at our discretion.
(d)Your hearing request must include the information specified in § 1068.610(d).
(e)We will approve your request for an informal hearing if we find that your request raises a substantial factual issue in the decision we made that, if addressed differently, could alter the outcome of that decision.