Kelley v. Calio

831 F.2d 190 Richard E. KELLEY and Eugene M. Kelley, Plaintiffs-Appellants, v. Anthony J. CALIO, as Administrator, National Oceanic and Atmospheric Administration, United States of America, Defendant-Appellee. No. 86-2675. United States Court of Appeals, Ninth Circuit. Submitted Aug. 31, 1987. * Decided Oct. 28, 1987. Robert C. Petersen, Fort Bragg, Cal., for plaintiffs-appellants. Stephen A. Shefler, San Francisco, Cal., for defendant-appellee. Appeal from the United States District Court for the Northern District of California. Before FLETCHER, REINHARDT and BRUNETTI, Circuit Judges. REINHARDT, Circuit Judge: 1 Appellants' request for a hearing before the National Oceanic and Atmospheric Administration was dismissed by an administrative law judge because they failed to file in a timely manner a document setting forth their preliminary position. The dismissal was affirmed by the agency's administrator and by the district court. We reverse. I. 2 In an administrative proceeding initiated March 27, 1985, the National Oceanic and Atmospheric Administration ("NOAA") alleged that Richard E. Kelley and Eugene M. Kelley violated regulations implementing the Magnuson Fishery Conservation…