Md. Code Regs. 26.20.32.03

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.20.32.03 - Informal Review

A. Within 30 days of the date a Notice of Proposed Assessment is served, the person against whom the penalty has been assessed may request an assessment conference at the Bureau regarding the amount of penalty.

B. An assessment conference shall be informal in nature, and presided over by the Director of the Bureau or the Director's designee. The purpose of the conference is to discuss the amount of penalty only.

C. The assessment conference shall be held within 60 days from the date of issuance of the Notice of Proposed Assessment, or the end of the abatement period, whichever is later. Failure by the Bureau to hold the conference within this time period is not grounds for dismissal of all or part of the proposed assessment unless the person against whom the proposed penalty has been assessed proves actual prejudice as a result of the delay.

D. The Bureau shall post notice at the Bureau of the date and time of the assessment conference at least 5 days before the conference. Any person has the right to attend and participate in the conference.

E. An assessment conference may result in an increase or decrease in the amount of penalty.

F. If possible, a settlement agreement can be entered at the conference, under which the operator shall waive all further rights of appeal except as stated in the agreement. If an operator fails to make full payment of any settlement amount within 30 days after the date of signing, the Bureau may enforce the agreement, or rescind it and proceed with final assessment within 30 days from the date of rescission.

G. Within 30 days of the conclusion of an assessment conference, or, in the absence of a request for a conference, within 30 days after the violation is abated, the Bureau shall send a Notice of Final Assessment in writing and by certified mail. The notice shall contain the:

(1) Basis for the Bureau's determination that a violation has occurred;

(2) Amount of penalty assessed, or as stipulated in a settlement agreement and a work sheet if the penalty is raised or lowered.

H. Service of the Notice of Final Assessment is complete upon mailing in accordance with COMAR 26.20.31.08 a.

Md. Code Regs. 26.20.32.03

Regulations .03 were previously codified as COMAR 08.13.09.41 a A_G, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.