PARTICIPANT NON-COMPLIANCE. This CCA is a voluntary agreement intended to promote conservation and the implementation of conservation measures and should be administered to encourage continued participation. In the event a Participant fails to comply with a conservation measure, notifications, opportunities to take corrective actions, and opportunities to appeal in this document are intended to encourage continued participation in the CCA and compliance with its terms. Additionally, it affords a Participant procedural protections before the Executive Committee can opt to terminate a CP, either in whole or in part. Response to an Immediate and Severe Threats to the Survival of the Species in the Occupied Habitat If a Participant does not implement the required Conservation Measures, CEHMM will provide Participants notification and an opportunity to correct the deficiency. Where CEHMM determines that a deficiency represents an immediate and severe threat to the survival of the species in the Occupied Habitat, CEHMM shall notify the Participant, and require a Participant to promptly initiate corrective action to remedy the deficiency. Should a participant fail to initiate corrective action in a reasonable time, CEHMM shall issue a notice of noncompliance in the form of a Conservation Measure Violation (CMV), which will be sent to the Participant by mail and electronic transmission (Appendix I). If a Participant acquires three unresolved CMVs, the Executive Committee may take actions, up to and including termination of some or all of the CP.
PARTICIPANT NON-COMPLIANCE. In the event that the Administrator determines that a Participant is improperly implementing or failing to implement the agreed upon Conservation Measures and Actions described in its CI, the Administrator will notify the Participant by mail and electronic transmission regarding the need to correct the deficiency immediately. If the deficiency is a failure to pay Fees, Participant shall have thirty (30) days to make the payment or to arrange for a mutually acceptable date by which the Administrator will receive the payment. With respect to any other deficiency, the Administrator will notify Participant by mail and electronic transmission of the deficiency promptly on its discovery. Participant shall initiate corrective actions within thirty (30) days of receipt of the notice or arrange for a mutually acceptable date by which corrective action will be initiated. If the Participant has not initiated corrective actions within thirty (30) days of receipt of the notification or arranged for a mutually acceptable date for initiating the corrective actions, the Administrator may take actions, up to and including suspension or termination of the CI. In lieu of initiating corrective actions, Participant may file an appeal with the Administrator, by electronic transmission or formal written notice, within thirty
PARTICIPANT NON-COMPLIANCE. If a Participant does not implement the required Conservation Measures, CEHMM will provide Participants notices of and opportunities to correct the deficiency in accordance with the procedures described in the paragraph below. The notices, opportunities to correct, and opportunity to appeal, are intended to encourage continued participation in the CCAA and compliance with its terms. Additionally, the notices, opportunities to correct, and opportunity to appeal afford a Participant procedural protections before the Executive Committee can terminate a CI, either in whole or in part. In the event that CEHMM determines that a Participant is failing to implement the required Conservation Measures described in the CI, the Participant will receive courtesy notification from CEHMM and be given the opportunity to initiate corrective actions. If the Participant has not initiated corrective actions within sixty days of receipt of the informal notification, the Participant will receive a deficiency notice by mail and electronic transmission, and will also be provided an additional thirty days from receipt to correct the deficiency. If the deficiency has not been corrected within the allotted thirty days, CEHMM may issue a notice of noncompliance in the form of a Conservation Measure Violation (CMV), which will be sent to the Participant by mail and electronic transmission (Appendix I). The Participant will have the opportunity to appeal the compliance and deficiency notices by notifying CEHMM of their appeal by electronic transmission, formal written notification, or in person within 30 days of receipt of the CMV. The Executive Committee will discuss the appeal and determine the outcome of the appeal within 60 days of receiving notification of the appeal. CEHMM will notify the Participant on behalf of the Executive Committee by mail and electronic transmission within 10 days of determination. If a Participant acquires three unresolved CMVs, the Executive Committee may take actions, up to and including termination of some or all of the CI. Due to the complicated nature of the Governance process of this CCAA, adequate time was given to allow issues to funnel through the Governance committees as described in Section II.
PARTICIPANT NON-COMPLIANCE. The Agency will document and report to the appropriate OAAS staff within the designated service area when a participant does not agree to program requirements (i.e.: receipt of services; meetings; participates in fraudulent activities, including illegal drug activity; etc.) Occurrences of participants’ repeated non-compliance with program requirements shall also be reported to the appropriate OAAS staff and included in the required quarterly Quality Data Reports.
PARTICIPANT NON-COMPLIANCE. In the event that the Administrator determines that a Participant is improperly implementing or failing to implement the agreed upon Conservation Measures and Actions described in its CI, the Administrator will notify the Participant by mail and electronic transmission regarding the need to correct the deficiency immediately. If the deficiency is a failure to pay Fees, Participant shall have thirty (30) days to make the payment or to arrange for a mutually acceptable date by which the Administrator will receive the payment. With respect to any other deficiency, the Administrator will notify Participant by mail and electronic transmission of the deficiency promptly on its discovery. Participant shall initiate corrective actions within thirty (30) days of receipt of the notice or arrange for a mutually acceptable date by which corrective action will be initiated. If the Participant has not initiated corrective actions within thirty (30) days of receipt of the notification or arranged for a mutually acceptable date for initiating the corrective actions, the Administrator may take actions, up to and including termination of some or all of the CI. In lieu of initiating corrective actions, Participant may file an appeal with the Administrator, by electronic transmission or formal written notice, within thirty (30) days of receipt of the notice of deficiency setting out clearly the basis for the appeal. Administrator will notify the Participant by mail and electronic transmission within 10 days of determination of the appeal. The Permit Holder will notify the Service of the resolution of any unresolved non- compliance issue within 30 days of the determination of the appeal.
PARTICIPANT NON-COMPLIANCE and over a Participant’s objections because of a Participant’s failure to pay the Habitat Conservation Fee or for the Participant’s failure to implement the Conservation Measures documented in the CI. Voluntary or involuntary termination of the CI will relieve a Participant of any additional Habitat Conservation Fees for future New Surface Disturbance on the terminated parcels. Participants will be given notifications as described in Section XII. PARTICIPANT NON- COMPLIANCE.
