15 CFR 906.3 Requesting an Appeal

6/26/24, 1:31 PM

15 CFR § 906.3 - Requesting an appeal and agency record. | Electronic Code of Federal Regulations (e-CFR) | US Law | LII / Legal…

LII > Electronic Code of Federal Regulations (e-CFR)
> Title 15—Commerce and Foreign Trade
> Subtitle B—Regulations Relating to Commerce and Foreign Trade
> CHAPTER IX—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION,
DEPARTMENT OF COMMERCE
> SUBCHAPTER A—GENERAL REGULATIONS
> PART 906—NATIONAL APPEALS OFFICE RULES OF PROCEDURE
> § 906.3 Requesting an appeal and agency record.

15 CFR § 906.3 - Requesting an appeal and agency record.
CFR

§ 906.3 Requesting an appeal and agency record.
(a) Who may file. Any person who is the named recipient of an initial administrative
determination.
(b) Petition to appeal.
(1) To request an appeal, a person shall submit a written petition of appeal to NAO.
(2) The petition shall include a copy of the initial administrative determination the
person wishes to appeal.
(3) In the petition, the person shall state how the initial administrative determination
directly and adversely affects him or her, why he or she believes the initial
administrative determination is inconsistent with the law and regulations governing

https://www.law.cornell.edu/cfr/text/15/906.3

1/5

6/26/24, 1:31 PM

15 CFR § 906.3 - Requesting an appeal and agency record. | Electronic Code of Federal Regulations (e-CFR) | US Law | LII / Legal…

the initial administrative determination, and whether he or she requests a hearing or
prefers that an appellate officer make a decision based on the NAO case record and
without a hearing.
(i) Arguments not raised by the person in his or her petition to appeal will be
deemed waived unless NAO permits amendments to the petition based on good
cause for not raising the arguments in the original petition.
(ii) The petition may include additional documentation in support of the appeal.
(4) If a person requests a hearing, the written request must include a concise
statement raising genuine and substantial issues of a material fact or law that cannot
be resolved based on the documentary evidence.
(5) In the petition, a person shall state whether the person has a representative, and
if so, the name, address, and telephone number for the representative.
(c) Address of record. In the petition, the person shall identify the address of record.
Documents directed to the appellant will be mailed to the address of record, unless the
appellant provides NAO and other parties with any changes to his or her address in
writing.
(1) The address of record may include a representative's address.
(2) NAO bears no responsibility if the appellant or his or her representative does not
receive documents because appellant or his or her representative changed his or her
address and did not notify NAO.
(3) NAO bears no responsibility if the appellant or his or her representative fails to
retrieve documents upon notification from the United States Postal Service or
commercial carrier.
(4) NAO will presume that documents addressed to an address of record and
properly mailed or given to a commercial carrier for delivery are received.
(d) Place of filing. The petition must be transmitted via facsimile. The facsimile number
is: 301-713-2384. If the person filing the petition does not have access to a fax machine,
he or she may file the petition by mail or commercial carrier addressed to Chief,
National Appeals Office, 1315 East-West Hwy., Silver Spring, MD 20910.
(e) Time limitations.
(1) A petition must be filed within 45 days after the date the initial administrative
determination is issued unless a shorter or longer filing timeframe is explicitly
specified in the regulations governing the initial administrative determination.
(2) A person may not request an extension of time to file a petition to appeal.
(f) Agency record.
https://www.law.cornell.edu/cfr/text/15/906.3

2/5

6/26/24, 1:31 PM

15 CFR § 906.3 - Requesting an appeal and agency record. | Electronic Code of Federal Regulations (e-CFR) | US Law | LII / Legal…

(1) Within 20 days of receipt of the copy of the petition to appeal, the office that
issued the initial administrative determination that is the subject of the appeal shall
transmit the agency record to NAO.
(2) The office that issued the initial administrative determination shall organize the
documents of the agency record in chronological order. Pages attached to a primary
submission shall remain with the primary submission.
(g) Agency participation in appeal. Within 20 days of receipt of the copy of the petition
to appeal, the office that issued the initial administrative determination that is the
subject of the appeal may provide written notice to NAO that it will be a party to the
appeal. An office issuing the initial administrative determination is not required to be a
party.

 CFR Toolbox
Law about... Articles from Wex
Table of Popular Names
Parallel Table of Authorities

https://www.law.cornell.edu/cfr/text/15/906.3

3/5

6/26/24, 1:31 PM

15 CFR § 906.3 - Requesting an appeal and agency record. | Electronic Code of Federal Regulations (e-CFR) | US Law | LII / Legal…

$165

$115

$115

$165

$195

$155

Accessibility
About LII
Contact us
Advertise here
Help
Terms of use
Privacy

https://www.law.cornell.edu/cfr/text/15/906.3

4/5

6/26/24, 1:31 PM

15 CFR § 906.3 - Requesting an appeal and agency record. | Electronic Code of Federal Regulations (e-CFR) | US Law | LII / Legal…

https://www.law.cornell.edu/cfr/text/15/906.3

5/5