Utah Admin. Code R647-7-107 - Requests for Formal Hearing
1. A
permittee or operator charged with a violation may contest the proposed penalty
or the fact of the violation by submitting: (a) a petition to the Board; and
(b) an amount equal to the proposed penalty (or, if a conference has been held,
the reassessed or affirmed penalty) to the Division (to be held in escrow as
provided in R647-7-107.2) within 30 days of
receipt of the proposed assessment or reassessment, or 30 days from the date of
service of the conference officer's action, whichever is later, but in every
case, the penalty must be escrowed prior to commencement of the formal
hearing.
2. The Division will
transfer all funds submitted under R647-7-107.1 to an escrow account pending
completion of the administrative and judicial review process, at which time it
will disburse them as provided in R647-7-108.2 or R647-7-108.3.
3. Formal review of the violation fact or
penalty will be conducted by the Board under the provisions of R641, rules of
practice and procedure before the Board.
Notes
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