COMMERCIAL USE AUTHORIZATION
SUSPENSION, RESTRICTION, REVOCATION, AND DENIAL POLICY
REGIONAL POLICY NUMBER 700-001
EFFECTIVE DATE: January 1, 2018
EXPIRATION DATE: December 31, 2019
POINT OF CONTACT: Associate Regional Director, AdministrationAUTHORITY: Public Law 105-391, Section 418; 16 United States Code (USC) 1 and 3
REFERENCES: Not Applicable
PURPOSE: This policy and procedure provides guidance to Alaska park managers when considering whether to suspend, restrict or revoke a Commercial Use Authorization (CUA) and when considering whether to approve an application for a future Commercial Use Authorization.
PERMIT CONDITIONS/PROVISIONS RELATED TO TERMINATION OR REVOCATION:
- National Conditions, Item #9: This authorization may be terminated upon breach of any of the conditions herein or at the discretion of the park area Superintendent.
- Holder/Owner - a sole proprietorship, partnership, limited partnership, joint venture, or corporation including corporate officers and those 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.
- Failure to comply with state or federal law, regulation or administrative action 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;
- Violation of 18 U.S.C. 1001, providing false information to any agency or department of the United States;
- Failure to comply with a federal or state health or safety code or regulation when conducting activities authorized by the CUA;
- Failure to comply with the provisions and conditions of the CUA;
- Failure to adequately address material and documented operational concerns expressed by the National Park Service that negatively impact visitor experience, park resources and/or staff and visitor safety.
A 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 may be used as a general guideline.
|VIOLATION||ACTION BY SUPERINTENDENT|
|First Violation||A minimum of a written warning. May include a period of suspension or restriction of the CUA depending upon the violation.
|Second Violation||Suspension or restriction of the CUA for a minimum of 30 days and up to a maximum of 120 days, or revocation of the CUA depending upon the violation.
|Third Violation||Revocation of the CUA.