996.32—Appeals.
(a)
Any entity may appeal a final decision made by the Agency under this Quality Assurance Program. Said appeal shall be submitted in writing to the Quality Assurance Program address, and shall contain at least:
(1)
Identification and contact information of the appealing entity;
(2)
A statement that this is an appeal to a final decision of the Quality Assurance Program;
(3)
A description of what decision is being appealed;
(4)
A thorough but concise argument as to why the requestor believes the Quality Assurance Program decision being appealed should be set aside.
(5)
Other information as may later be determined to be relevant.
(b)
Appeals shall be arbitrated by the Assistant Administrator for Ocean Services and Coastal Zone Management, NOAA, using procedures to be established at the time of the appeal, and which shall be appropriate to the nature and circumstances of the appeal. The determination from this arbitration shall be final for purposes of judicial review under the Administrative Procedure Act and other statutes.