Glacier National Park Commercial Use Authorization Suspension, Restriction, Revocation and
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VIOLATION |
ACTION BY SUPERINTENDENT |
First Violation |
A written warning at a minimum. May include a period of CUA suspension, restriction, or probation depending upon the violation. |
Second Violation |
CUA suspension or restriction for a minimum of 30 operating days and up to a maximum of 12 months. The restriction may continue into the next operating season and CUA applications for the next season may be denied until the suspension term limit is met. |
Third Violation |
CUA revocation for the remaining operating season and subsequent application denial for the next three operating seasons. |
A CUA may also be suspended or restricted when the Holder/Owner or Employee is under investigation or is charged for a criminal offense by state or federal authorities if a link exists between the offense and the authorized business activity, regardless of whether the offense occurred in a unit of the National Park System. A CUA may be re-instatement or restriction lifted as a result of the final adjudication.
CUA Application Denial:
An application for a CUA may be denied if the Holder/Owner or any of the Holder/Owner’s current or proposed Employees committed a violation, as defined above, within three years of the date of application. Applicants denied a CUA due to previous violations may reapply at any time, but are subject to an additional non-refundable application fee.
Notification Process:
If a Holder/Owner or any of the Holder/Owner’s current Employees has committed a violation, the Superintendent or his/her designee shall:
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Notify the Holder/Owner of the violation in writing as soon as appropriate. This notification may include immediate suspension or restriction of the CUA. It is in the best interest of the National Park Service and the Holder/Owner that the Holder/Owner be made aware of the violation and be given an opportunity to take corrective action to avoid future violations and provide an explanation of the circumstances leading to the violation.
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Notify the Holder/Owner in writing of the final administrative action including, but not limited to, suspension, restriction, revocation or denial of a future CUA or other National Park Service-issued permits. The Holder/Owner will also be notified of their right to appeal.
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Notify the Intermountain Region and Washington Office CUA Coordinators as appropriate.
Appeal Process:
An appeal of the action may be made to the Superintendent in writing within 30 days of the action. Appeals must set forth the facts and circumstances the Holder/Owner believes support the appeal. The Holder/Owner may request a meeting to discuss the appeal with the Superintendent or his/her representative. The Superintendent may affirm, reverse, or modify the decision appealed and will set forth in writing the basis of the decision after considering the materials submitted by the Holder/Owner and the National Park Service record of the matter, and after the meeting with the Holder/Owner. A copy of the decision will be forwarded to the Holder/Owner.
[1] Conditions of this Authorization Item #9: This authorization may be terminated upon breach of any of the conditions herein or at the discretion of the park area Superintendent.
Last updated: February 8, 2019