La. Admin. Code tit. 43 § XV-7105

Current through Register Vol. 50, No. 12, December 20, 2024

Section XV-7105 - Procedure for Assessment of Individual Civil Penalty

A. Notice. The office shall serve on each individual to be assessed an individual civil penalty a notice of proposed individual civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed, and a copy of any underlying notice of violation and cessation order.

B. Final Order and Opportunity for Review. The notice of proposed individual civil penalty assessment shall become a final order of the commissioner 30 days after service upon the individual unless:

1. the individual files within 30 days of service of the notice of proposed individual civil penalty assessment a petition for review with the Office of Conservation, Surface Mining Section, 625 North Fourth Street, Baton Rouge, Louisiana; or

2. the office and the individual or responsible corporate permittee agree within 30 days of service of the notice of proposed individual civil penalty assessment to a schedule or plan for the abatement or correction of the violation, failure or refusal.

C. Service. For purposes of §7105, service is sufficient if it would satisfy the Louisiana Rules of Civil Procedure for service of a summons and complaint. Service shall be complete upon tender of the notice of proposed assessment and included information or of the certified mail and shall not be deemed incomplete because of refusal to accept.

La. Admin. Code tit. 43, § XV-7105

Promulgated by the Department of Natural Resources, Office of Conservation, LR 20:447 (April 1994), amended LR 24:2287 (December 1998).

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