25 Pa. Code § 77.301 - Procedures for assessment of civil penalties
(a)
Initial review. When the
Department determines that a civil penalty will be assessed, it will make an
initial review of the violation and will serve a copy of the results of the
initial review, including the civil penalty computations, on the party
responsible for the violation. The service will be by certified mail within 45
days of the Department-s issuance of the notice of violation or
order.
(b)
Assessment
conference. Upon written request of the person to whom the results of
the initial review were sent, the Department will arrange an assessment
conference to discuss the results of the initial review, if the request is
received within 15 days of the date the results of the initial review were
received. The Department may upon its own motion arrange for an assessment
conference to discuss the results of the initial review.
(c)
Department
representative.
(1) The Department
will assign a representative to hold the assessment conference. The assessment
conference will not be governed by requirements for formal adjudicatory
hearings, and it may be held at the convenience of the parties.
(2) The Department will consider relevant
information on the violation. After the conference is held, the Department may
do one of the following:
(i) Settle the
issues, in which case a settlement agreement will be prepared and signed by
appropriate representatives of the Department and the person
assessed.
(ii) Affirm, raise, lower
or vacate the penalty.
(3) The Department representative may
terminate the assessment conference when the representative determines that the
issues cannot be resolved or that the person assessed is not diligently working
toward resolution of the issues.
(d)
Service. The Department will serve a copy of
the civil penalty assessment on the person responsible for a violation as
follows:
(1) Upon the failure of the assessed
party to timely request an assessment conference on the results of the initial
review.
(2) Upon the completion of
an assessment conference, or upon review of timely submitted information for
review by the Department, if the Department does not decide to vacate the
penalty. The service will be by certified mail, or by personal service. If the
mail is tendered at the address of the assessed person set forth on the sign
required under §
77.502 (relating to signs and
markers), or at an address at which that person is in fact located, and the
person refuses to accept delivery of or to collect the mail, the requirements
of this paragraph will be deemed to have been complied with upon that
tender.
Notes
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