Mo. Code Regs. tit. 10 § 45-3.010
Current through Register Vol. 49, No. 23, December 2, 2024
Section 10 CSR 45-3.010 - Administrative Penalty AssessmentPURPOSE: This rule amendment follows the review conducted pursuant to Executive Order 17-03. The amendment proposes to remove language that repeats statute or is obsolete.
(1) General Provisions. (A) The amount of the administrative penalty will be determined according to section (3) of this rule. In no event may the total penalty assessed per day of violation exceed the statutory maximum specified in section 444.375, RSMo. (B) An order assessing an administrative penalty shall be served upon the operator, owner, or appropriate representative through United States Postal Service certified mail, return receipt requested, a private courier or messenger service which provides verification of delivery, or by hand delivery to the operator's or owner's residence or place of business. An order assessing an administrative penalty shall be considered as appropriately served if verified receipt is made by the operator's or owner's appropriate representative. A refusal to accept, or a rejection of certified mail, private courier or messenger service delivery, or by hand delivery of an order assessing an administrative penalty constitutes service of the order.(C) The department may at any time withdraw without prejudice any administrative penalty order.(D) An order assessing an administrative penalty shall describe the nature of the violation(s), the amount of the administrative penalty being assessed, and the basis of the penalty calculation.(2) Definitions. (A) Definitions for key words used in this rule may be found in 10 CSR 45-10.012.(B) Additional definitions specific to this rule are as follows: 1. Economic benefit-Any monetary gain which accrues to a violator as a result of noncompliance;2. Gravity-based assessment-The degree of seriousness of a violation taking into consideration the risk to human health and the environment posed by the violation and considering the extent of deviation from sections 444.350-444.380, RSMo; 3. Multiple violation penalty-The sum of individual administrative penalties assessed when two (2) or more violations are included in the same complaint or enforcement action; and4. Multi-day violation-A violation which has occurred on or continued for two (2) or more consecutive or nonconsecutive days. AUTHORITY: section 444.355, RSMo 1994.* Original rule filed Dec. 31, 1991, effective 6/25/1992. Rescinded and readopted: Filed Jan. 19, 2000, effective 9/30/2000. "Original rule: 444.335, RSMo 1996.Amended by Missouri Register October 15, 2018/Volume 43, Number 20, effective 11/30/2018