La. Admin. Code tit. 43 § XV-6911

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-6911 - Waiver of Use of Formula to Determine Civil Penalty

A. The commissioner, upon his own initiative or upon written request received within 15 days of issuance of a notice of violation or a cessation order, may waive the use of the formula contained in §6905 to set the civil penalty, if he or she determines that, taking into account exceptional factors present in the particular case, the penalty is demonstrably unjust. However, the commissioner shall not waive the use of the formula or reduce the proposed assessment on the basis of an argument that a reduction in the proposed penalty could be used to abate violations of the Act, these regulations, or any condition of any permit or exploration approval. The basis for every waiver shall be fully explained and documented in the records of the case.

B. If the commissioner waives the use of the formula, he or she shall use the criteria set forth in §6905. B to determine the appropriate penalty. When the commissioner has elected to waive the use of the formula, he or she shall give a written explanation of the basis for the assessment made to the person to whom the notice or order was issued.

La. Admin. Code tit. 43, § XV-6911

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.