Effective Date: May 19, 2025 AuthorityPurposeThis policy memorandum is intended to provide guidance regarding the actions taken in the event of a permittee violation (as defined in this policy). 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
Permit Conditions Related to Termination or RevocationAuthority to terminate or revoke a permit is provided for via CUA application and authorization condition #121 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 RevocationA CUA may be suspended, restricted, or revoked when the Holder/Owner or Employee commits a violation as defined above. The Superintendent will determine the appropriate administrative action regarding the violation based on the totality of the circumstances, including consideration of prior relevant violations. The following table provides a general guideline.
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 DenialAn 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 nonrefundable application fee. Notification ProcessIf a Holder/Owner or any of the Holder/Owner’s current Employees has committed a violation, the Superintendent or his/her designee may:
Appeal ProcessAn 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 if the Holder/Owner requested a meeting. A copy of the final decision will be forwarded to the Holder/Owner. |
Last updated: May 28, 2025