Ala. Admin. Code r. 880-X-11E-.05 - Procedure For Assessment Of Individual Civil Penalty
(1) Notice. The Alabama Surface Mining
Commission 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.
(2) Final order and
opportunity for review. The notice of proposed individual civil penalty
assessment shall become a final order of the Alabama Surface Mining Commission
30 days after service upon the individual unless:
(a) The individual files within 30 days of
service of the notice of proposed individual civil penalty assessment a
petition for review with the Division of Hearings and Appeals in accordance
with
880-X-5A-.06;
or
(b) The Alabama Surface Mining
Commission 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.
(3) Service. For purposes of this section,
service is sufficient if it would satisfy Section
880-X-5A-.08.
Notes
Author: Randall C. Johnson
Statutory Authority: Code of Ala. 1975, ยง 9-16-94.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.