ENFORCE34722 - Laserfiche WebLink

Home Browse Search

24. OSM did not issue aTen-day Notice to the DMG or Kerr regarding the alleged violation on federal lands prior to issuing the NOV. 25. Ketr filed an Application for Review and an Application for Temporary Relief regarding the NOV with the Office of Hearings and Appeals on June 6, 1994. Temporary relief from the NOV was granted through August 23, 1994, by Administrative Law Judge Child in Docket No. 94-I2-Ron June 15, 1994, pursuant to a stipulation between OSM and Kerr. ALJ Child orally denied Kerr's request for an extension of temporary relief after a hearing on July 20-22, 1994, and took Ken's challenge to the validity of the NOV under advisement. The DMG's intervention in support of Ken's position in that case was granted on October 7, 1994. ALJ Child's decision on the validity of the NOV has not been issued yet. 26. Kerr appealed ALJ's Child's denial of temporary relief to the Board of Land Appeals in IBLA No. 94-779 on August I5, 1994, and the DMG moved to intervene in support of granting temporary relief. On September 28, 1994, Administrative Judges Kelly and Irwin entered the Secretary's decision granting the DMG's intervention but denying any extension of temporary relief beyond August 23, 1994. 27. OSM issued Cessation Order No. 94-020-250-01 to Kerr for failure to abate the NOV on August 24, 1994. Kerr filed an Application for Review of the Cessation Order with the Office of Hearings and Appeals on September 23, 1994, in Docket No. CV-94-18-R. No hearing has been set in that case yet. A copy of the Cessation Order is attached hereto as Exhibit C and incorporated herein. 28. OSM proposed to assess a civil penalty against Kerr for the Cessation Order of $22,00 on October 11, 1994, a copy of which is attached hereto as Exhibit D and incorporated herein. OSM also sent notices to Kerr's officers and directors that they are 11 ~6J.1, IQ': P.9J 6