Current through December 10, 2024
Section 11-8-2.5-67-6713 - Procedures for Assessment of Civil Penalties(a) Within 15 days of service of a notice or order, the person to whom it was issued may submit written information about the violation to the Department and to the inspector who issued the notice of violation or cessation order. The Commission shall consider any information so submitted in determining the facts surrounding the violation and the amount of the penalty.(b) The Department shall serve a copy of the proposed assessment and of the worksheet showing the computation of the proposed assessment on the person to whom the notice or order was issued, by certified mail, within 30 days of the issuance of the notice or order. If the mail is tendered at the address of that person set forth in the sign required under § 5301, or at any address at which that person is in fact located, and 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.(c) Failure by the Department to serve any proposed assessment within 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:(1) proves actual prejudice as a result of the delay; and(2) makes a timely objection to the delay. An objection shall be timely only if made in the normal course of administrative review.(d) Unless the Department and the permittee reach agreement on the amount of the penalty, the Department shall issue a complaint letter pursuant to § 53-9-55(1) and (2) scheduling the matter for a formal hearing before the Commission.(e) The order of the Commission in the matter shall determine the penalty, if any, shall state the Commission's findings of fact and conclusions of law used as a basis for assessing the penalty, if any, and shall determine the date the penalty is due to be paid by the permittee.(f) Any party aggrieved by the decision of the Commission may appeal the matter pursuant to §§ 53-9-77 and 53-9-55(3). Upon the issuance of an order finding that a violation has occurred, the person found to be in violation shall have thirty (30) days to pay the proposed penalty in full or, if the person wishes to appeal either the amount of the penalty or the fact of the violation or both, to forward the proposed amount as a penalty payment bond to the executive director for placement in as escrow account. The executive director shall forward any money submitted for placement in an escrow account that is a fully insured interest-bearing account. If, through administrative or judicial review of the violation or proposed penalty, the Commission or a court of appropriate jurisdiction determines that no violation occurred or that the amount of the penalty should be reduced, the executive director shall within thirty (30) days remit the appropriate amount to the person with any interest earned on the money while in escrow. The rate of interest shall be the prevailing Department of Treasury rate. Failure to forward the proposed penalty amount to the executive director within thirty (30) days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.11 Miss. Code. R. § 8-2.5-67-6713
Miss. Code Ann. §§ 53-9-55, 53-9-67 and 53-9-1, et seq.