Section 312 IAC 25-7-19 - Civil penalties; procedures for assessment conferenceAuthority: IC 14-34-2-1
Affected: IC 4-21.5; IC 14-34
Sec. 19.
(a) The director shall arrange for a conference to review the proposed assessment or reassessment, upon written request of the operator, if the request is mailed within fifteen (15) days from the date the proposed assessment or reassessment is received.(b) Requirements for an assessment conference are as follows:(1) The director shall assign a conference officer to hold the assessment conference. The assessment conference shall be held within sixty (60) days from the date of issuance of the provided assessment or the end of the abatement period, whichever is later. Failure by the director to hold an assessment conference within sixty (60) days is not a basis for dismissal of all or part of an assessment unless the person against whom the proposed penalty has been assessed proves actual prejudice as a result of the delay. An assessment conference is not governed by IC 4-21.5.(2) The director shall post notice of the time and place of the conference at the office closest to the mine at least five (5) days prior to the conference. Any person shall have the right to attend and participate in the conference.(3) The conference officer shall consider all information relevant to the violation. Within thirty (30) days after the conference is held, the conference officer shall either: (A) settle the issues, in which case a settlement agreement shall be prepared and signed by the conference officer on behalf of the director and by the operator; or(B) affirm, raise, lower, or vacate the penalty.(4) An increase or reduction of a proposed penalty assessment of more than twenty-five percent (25%) and more than five hundred dollars ($500) shall not be final and binding on the director until approved by the director or a designee of the director.(c) The conference officer shall promptly serve the operator with a notice of an action under this section as provided in section 18(b) of this rule. The reasons for the conference officer's action shall be: (1) fully documented in the file; and(2) mailed to the operator.(d) Requirements for settlement agreements are as follows: (1) If a settlement agreement is entered, the operator waives all rights to further review of the violation or penalty in question, except as otherwise expressly provided in the settlement agreement. The settlement agreement shall contain a clause to this effect.(2) If full payment of the amount specified in the settlement agreement is not received by the director within thirty (30) days after the date of signing, the director may enforce the agreement or rescind it and proceed according to subsection (b)(3)(B) within thirty (30) days from the date of the rescission.Natural Resources Commission; 312 IAC 25-7-19; 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