Section 312 IAC 25-7-18 - Civil penalties; procedures for assessmentAuthority: IC 14-34-2-1
Affected: IC 14-34
Sec. 18.
(a) If the operator believes there are special circumstances surrounding a violation for which a notice of violation or cessation order has been issued, and the operator wants the director to consider this information before making an initial determination of the amount of civil penalty as provided in subsection (b), the operator may, within fifteen (15) days of service of the notice or order, submit written information about the violation to the director and to the inspector who issued the notice of violation or cessation order. This information should relate to the four (4) factors set forth in section 14 of this rule. The director shall consider any information so submitted in determining the amount of the penalty. Whether or not the operator submits information under this subsection, the operator may, pursuant to section 19 of this rule, request an assessment conference to review the assessment that the director will serve under subsection (b).(b) The director shall serve a copy of the proposed assessment and a statement of the basis for the proposed penalty, including an evaluation of the four (4) factors set forth in section 14 of this rule, on the operator by certified mail within thirty (30) days of the issuance of the notice or order. (1) If the mail is offered at the address of the person set forth in the entrance sign, or at any address at which that person is in fact located, and if he or she refuses to accept delivery of or to collect such mail, the requirements of this subsection shall be deemed to have been complied with upon such tender.(2) Failure by the director to serve any proposed assessment within thirty (30) days shall not be grounds for dismissal of all or part of such assessment unless the person against whom the proposed penalty has been assessed does the following: (A) Proves actual prejudice as a result of the delay.(B) Makes a timely objection to the delay. An objection shall be timely only if made in the normal course of administrative review.(c) Unless an assessment conference according to section 19 of this rule has been requested, the director shall review and reassess any penalty if necessary to consider facts that were not reasonably available on the date of issuance of the proposed assessment. The director shall serve a copy of any such reassessment and a statement of the basis for the reassessment in the manner provided in subsection (b) within thirty (30) days after the date the violation is abated.Natural Resources Commission; 312 IAC 25-7-18; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3600, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA