Southeast Utah Group (SEUG) Commercial Use Authorization (CUA) Suspension, Restriction, Revocation, and Application Denial Policy
AUTHORITY: Public Law 105-391, Section 418; USC 100301-100302 and 54 USC 100101 (a); 36 CFR 1.6 (g) and Section 5.3
EFFECTIVE DATE: March 15, 2024
Purpose: This policy memorandum is intended to provide guidance regarding possible actions that may be taken in the event of a CUA violation. The Superintendent, at his or her discretion, may take actions other than those identified and retains the authority to immediately suspend, restrict or revoke a CUA or deny a future CUA application for reasons not covered in this policy memorandum.
Definitions:
- Holder/Owner – a sole proprietorship, partnership, limited partnership, joint venture, or corporation including corporate officers and shareholders who have a controlling interest in a corporation which has applied for or received a CUA.
- Employee – a person in the service of the Holder/Owner under any contract of hire, express or implied, oral or written, where the Holder/Owner has the power or right to control and direct the Employee in the work performed.
- CUA – Commercial Use Authorization – A permit authorizing a third party to provide appropriate commercial visitor services in parks.
- Violations – Payment of collateral, an accepted plea or nolo contendere, or a conviction in federal or state court where a link exists between the offense and the business activity authorized, regardless of whether the violation occurred in a unit of the National Park System; failure to comply with the provisions and conditions of the CUA; or failure to adequately address material and documented operational concerns expressed by the National Park Service.
Permit Conditions Related to Termination or Revocation:
Authority to terminate or revoke a permit is provided for via CUA application and authorization condition #11 [1] and the signed statement on both. Failure on the part of the permittee to abide by the provisions of the permit is citable under 36 CFR Section 1.6 (g) and Section 5.3 and may result in CUA suspension, restriction, revocation or denial.
Suspension, Restriction and Revocation:
A CUA may be suspended, restricted, or revoked when the Holder/Owner or Employee commits a violation as defined above. A violation within one unit of the National Park Service may impact a CUA holder's ability to operate in any SEUG unit. The Superintendent will determine the appropriate administrative action regarding the violation based on the totality of the circumstances, including consideration of prior relevant violations.
|
VIOLATION
|
ACTION BY SUPERINTENDENT
|
|
First Violation
|
A written warning at a minimum. May include a period of CUA suspension or restriction depending upon the violation.
|
|
Second Violation
|
CUA restriction or suspension for a minimum of 30 operating days and up to a maximum of 120 operating days.
The restriction may continue into the next operating season and CUA applications for the next season may be denied
until the term of the suspension is met.
|
|
Third Violation
|
CUA revocation for the remaining operating season and subsequent CUA applications will be suspended or denied
for up to 3 operating seasons, or longer, if there are multiple instances of illegal activity or gross negligence that puts
visitors or resources at risk.
|
A CUA may also be suspended or restricted when the Holder/Owner or Employee is under investigation or is charged for a felony criminal offense by state or federal authorities if a nexus exists between the offense and the authorized business activity, the safety of Park visitors, or the preservation and protection of Park resources and values, regardless of whether the offense occurred in a unit of the National Park System. A CUA may be reinstated 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 of 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 violation(s) may reapply at any time but are subject to a 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 her designee shall:
- 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.
- 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 permit. The Holder/Owner will also be notified of their right to appeal.
- 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 their 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 #11: This authorization may be terminated upon breach of any of the conditions herein or at the discretion of the park area Superintendent.
