Section 69-05.2-28-14 - Inspection and enforcement - Civil penalty - Escrow account and bond procedure1. Upon receipt of a timely request for a formal hearing by an operator or permittee under subsection 1 of North Dakota Century Code section 38-14.1-30, the commission will inform the operator or permittee, by certified mail, of the proposed amount of any civil penalty which may be assessed by the commission. 2. The operator or permittee shall then either pay the amount of the proposed penalty in full within thirty days and withdraw the request for a formal hearing, forward the amount of the proposed penalty to the commission within thirty days to be held in escrow pending a final commission decision on the violation and the amount of the penalty, or post a bond within thirty days with the commission payable to the state in the amount of the proposed penalty pending a final commission decision on the violation and the amount of the penalty. 3. If the operator or permittee requests review of a final commission decision under North Dakota Century Code section 38-14.1-35, the amount of the proposed penalty must continue to be held in escrow, or the bond must remain in full force and effect, until completion of review. 4. Except as provided in subsection 5, if the operator or permittee does not request review of a final commission decision under North Dakota Century Code section 38-14.1-35, the following procedures apply: a. If the amount of the proposed penalty had been forwarded to the commission to be held in escrow, the escrow must end and the escrowed funds transferred to the commission in payment of the penalty; or b. If a bond has been posted, the operator or permittee shall pay the amount of the penalty within thirty days after the assessment is mailed or the bond shall be forfeited. 5. If the final commission decision, or of the court on review, results in a reduction or an elimination of the amount of the proposed penalty, the commission will either refund all or part of the escrowed amount, with interest at the legal rate from the date of payment into escrow to the date of refund, or release all or part of the bond. 6. If the operator or permittee had previously forwarded the amount of the proposed penalty to the commission to be held in escrow and if the final decision of the commission results in an increase in the amount of the penalty, the operator or permittee shall pay the difference within thirty days after the assessment is mailed, unless judicial review is requested. 7. If the operator or permittee has failed to file a timely request for a formal hearing under subsection 1 of North Dakota Century Code section 38-14.1-30, the amount of any civil penalty will be incorporated in a final order of the commission as provided in subdivision b of subsection 1 of North Dakota Century Code section 38-14.1-29. The order will require the operator or permittee to pay the civil penalty within thirty days after the order is mailed. N.D. Admin Code 69-05.2-28-14
Effective August 1, 1980; amended effective May 1, 1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-29, 38-14.1-30